agenda - Buena Park

Transcription

agenda - Buena Park

AGENDA
BUENA PARK CITY COUNCIL
AND
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY
REGULAR MEETING
SEPTEMBER 8, 2015
5 P.M.
COUNCIL CHAMBER
6650 BEACH BOULEVARD
BUENA PARK, CALIFORNIA
CLOSED SESSION REPORT FOR ADJOURNED MEETING
CALL TO ORDER
5 P.M.
ROLL CALL
COUNCIL MEMBER STEVE BERRY
COUNCIL MEMBER ELIZABETH SWIFT
COUNCIL MEMBER VIRGINIA VAUGHN
MAYOR PRO TEM FRED R. SMITH
MAYOR ARTHUR C. BROWN
INVOCATION
PASTOR MIKE HAMMONTRE,
KNOTT AVENUE CHRISTIAN CHURCH
PLEDGE OF ALLEGIANCE
RUBEN LOPEZ,
ECONOMIC DEVELOPMENT ADMINISTRATOR
PRESENTATIONS
INTRODUCTION OF THE 2015-2016 MISS BUENA PARK
CANDIDATES
EMPLOYEE SERVICE AWARDS
Ten Year Service
 Ling-Fei Teng of the Police Department
Our core values are excellence, communication, teamwork, commitment, respect, and integrity.
This agenda contains a brief general description of each item to be considered. The detailed staff reports and supporting
documents are available for review and copying in the City Clerk’s office. The City Council is prohibited from discussing or taking
action on any item which is not included in this agenda; however, the City Council may ask clarifying questions, ask staff to followup, or provide other direction. The maximum time allotted for the oral communications portion of the meeting is 45 minutes, and the
Mayor may limit the length of comments due to the number of persons wishing to speak. The order of business as it appears on this
agenda may be modified by City Council. Any person with an impairment pursuant to the Americans with Disability Act who needs
special accommodations should call the City Clerk at 714/562-3754.
Please turn off all cell phones when the meeting is in session.
Agenda
September 8, 2015
Page 2
ORAL COMMUNICATIONS
This is the portion of the meeting set aside to invite public comments regarding any matter within
the jurisdiction of the City Council. Public comments are limited to no more than five minutes
each. If comments relate to a specific agenda item, those comments will be taken following the
staff report for that item and prior to the City Council vote. Those wishing to speak are asked to
complete a speaker identification form located at the council chamber entrance and place it in the
box near the speaker’s lectern.
CONSENT CALENDAR NOTICE
The items listed under the Council Consent Calendar are considered routine business and will
be voted on together by one motion unless a Council Member requests separate action. At this
time the City Council or public may ask to speak on any item on the Consent Calendar.
CONSENT CALENDAR (1 – 8)
1.
APPROVAL OF MINUTES
Meetings of August 25, 2015, 3:30 p.m. and August 25, 2015, 5 p.m.
Recommended Action: Approve.
2.
RESOLUTIONS APPROVING CLAIMS AND DEMANDS
Recommended Action: Adopt resolutions.
3.
COMMISSION/COMMITTEE APPOINTMENTS AND RESIGNATIONS
Purpose: To appoint commissioners as recommended by Mayor Brown.
Recommended Action: 1) Confirm the reappointment of Ken McKinney to the
Beautification-Environmental Commission for a term that will expire August 8, 2018.
4.
RESOLUTION TO JOIN THE NORTH ORANGE COUNTY CITIES ENERGY
PARTNERSHIP (NOCCEP)
Purpose: To join the partnership and benefit from increased communication with utility
providers as well as access residential and commercial rebates and incentives not
offered to non-partnership cities.
Recommended Action: 1) Adopt a Resolution to join the North Orange County Cities
Energy Partnership (NOCCEP).
Agenda
5.
September 8, 2015
Page 3
FULL RELEASE AND ASSIGNMENT OF CLAIM WITH FIDELITY AND DEPOSIT
COMPANY OF MARYLAND RELATING TO DISHONEST ACTS OF PUBLIC
EMPLOYEES FORMERLY WITH THE COMMUNITY SERVICES DEPARTMENT –
PARKS DIVISION
Purpose: To recover losses relating to dishonest acts of former Parks Division
employees.
Recommended Action: 1) Approve the Full Release and Assignment of Claim with
Fidelity and Deposit Company of Maryland relating to dishonest acts of public
employees formerly with the Community Services Department, Parks Division, and
settlement amount of $343,156.25 to be paid to the City of Buena Park; and 2) Authorize
the City Manager and City Clerk to execute the document.
6.
AGREEMENT WITH THE FULLERTON JOINT UNION HIGH SCHOOL DISTRICT
(FJUHSD) FOR SCHOOL RESOURCE OFFICER SERVICES AT BUENA PARK HIGH
SCHOOL (BPHS) FOR THE 2015/16 SCHOOL YEAR
Purpose: To renew the agreement with FJUHSD for school resource officer services at
Buena Park High School. The City is reimbursed by FJUHSD for these services.
Recommended Action: 1) Approve the agreement with the Fullerton Joint Union High
School District for school officer resources; and 2) Authorize the City Manager to
execute the agreement.
7.
AGREEMENT WITH ORANGE COUNTY HEALTH CARE AGENCY (OCHCA) FOR
PROVISION OF POINT OF DISPENSING (POD) SITE EQUIPMENT SERVICES FOR
YEARS 2014 TO 2020
Purpose: To renew an agreement with the County to store emergency-related
equipment at Ehlers Event Center and the Buena Park Community Center.
Recommended Action: 1) Approve an agreement with the Orange County Health Care
Agency (“OCHCA”) to provide Point of Dispensing (“POD”) site equipment services for
the Buena Park Community Center and the Ehlers Event Center; and 2) Authorize the
City Manager and City Clerk to execute the agreement.
8.
LETTER OF SUPPORT FOR THE IMMEDIATE RE-AUTHORIZATION OF THE EB-5
REGIONAL CENTER PROGRAM
Purpose: To demonstrate City support for the re-authorization of the EB-5 Regional
Center Program.
Recommended Action: 1) Authorize the City Manager to sign a letter of support for the
immediate re-authorization of the EB-5 Regional Center Program.
Agenda
September 8, 2015
Page 4
END OF CONSENT CALENDAR
NEW BUSINESS (9 - 12)
9.
AGREEMENT WITH BUENA PARK NOON LIONS CLUB FOR USE OF THE CITY
FACILITIES AT WILLIAM PEAK PARK FOR THE 2015 SILVERADO DAYS
CELEBRATION
Staff report by Dale Kurata, Parks and Recreation Manager
Purpose: To allow the Buena Park Noon Lions to use William Peak Park for the 2015
Silverado Days Celebration.
Recommended Action: 1) Approve an agreement with the Buena Park Noon Lions Club
for use of William Peak Park for the 2015 Silverado Days Celebration; and 2) Authorize
the Mayor and City Clerk to execute the agreement.
10.
AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS (RFPs) FOR TRAFFIC
ENGINEERING SERVICES
Staff report by Jim Biery, Public Works Director
Purpose: To authorize the Director of Public Works to solicit an RFP for Traffic
Engineering Services.
Recommended Action: 1) Approve the Scope of Services for Traffic Engineering
Services; and 2) Authorize the Director of Public Works to solicit the RFPs and bring
back the preferred consultants to the City Council at a later date for approval.
11.
AGREEMENT WITH SQLA, INC. FOR DESIGN SERVICES FOR THE BEACH
BOULEVARD STREETSCAPE IMPROVEMENTS PROJECT – PHASE 2
Staff report by Leah Formanes, Assistant Engineer
Purpose: To hire a consultant to provide design services for the Beach Boulevard
Streetscape Improvements Project – Phase 2. This project will be funded by former
Redevelopment Agency (RDA) bond proceeds.
Recommended Action: 1) Approve an agreement with SQLA, Inc. in the amount of
$37,210; 2) Authorize the City Manager and City Attorney to make any necessary, nonmonetary changes to the agreement; and 3) Authorize the City Manager and City Clerk
to execute the agreement.
Agenda
September 8, 2015
Page 5
(Successor Agency)
12.
CERTIFICATE OF COMPLETION FOR PHASE I OF THE SOURCE PROJECT
LOCATED AT 6988 BEACH BOULEVARD
Staff report by Ruben M. Lopez, Economic Development Administrator
Purpose: To approve the Certificate of Completion and meet the performance
requirement of the DDA for the first phase of The Source Project.
Recommended Action: 1) Approve the Certificate of Completion for The Source Project
at 6988 Beach Boulevard; and 2) Authorize the Executive Director/City Manager and
City Clerk to execute the Certificate
MAYOR/CITY COUNCIL REPORTS
CITY MANAGER REPORT
RECESS
STUDY SESSION (13 - 23) (Adjourn to Conference Room)
13.
DISCUSSION AND DIRECTION REGARDING FACILITY USAGE FEE FOR YOUNG
LEADERS OF ORANGE COUNTY (YLOC)
Report by Mark Sauceda, Community Services Supervisor
14.
DISCUSSION AND DIRECTION REGARDING WATER RATE STRUCTURE AND
ANALYSIS
Report by Michael Grisso, Utilities Manager
15.
DISCUSSION AND DIRECTION REGARDING PHASE II DROUGHT RESTRICTIONS
RELATED TO SWIMMING POOLS
Report by Michael Grisso, Utilities Manager
16.
DISCUSSION AND DIRECTION REGARDING REGULATIONS FOR RIDESHARING
SERVICES (BROWN)
Report by Aaron France, Assistant to the City Manager
17.
DISCUSSION AND UPDATE ON THE NEW CITY WEBSITE
Agenda
September 8, 2015
Page 6
18.
DISCUSSION AND DIRECTION REGARDING ADVERTISEMENT AND PROMOTION
OF CITY EVENTS
19.
DISCUSSION AND DIRECTION REGARDING A CITY MASTER CALENDAR FOR
CITY AND COMMUNITY EVENTS
Report by Shalice Tilton, City Clerk
20.
CITY COUNCIL CALENDAR
a.
Scheduling dates for future City Council meetings.
b.
Identifying items for future discussion.
21.
CITY COUNCIL REPORT
22.
CITY MANAGER REPORT
23.
COMMISSION/COMMITTEE APPOINTMENTS/REMOVALS
ADJOURNMENT - to September 22, 2015, at 3:30 p.m.
Item 01
MINUTES OF AN ADJOURNED MEETING
OF BUENA PARK CITY COUNCIL
HELD AUGUST 25, 2015
Vol. 47 Pg. 59
CALL TO ORDER
The City Council met in an adjourned session on Tuesday, August 25, 2015, at 3:30 p.m. at the
Buena Park Council Chamber, 6650 Beach Boulevard, Buena Park, California, Mayor Brown
presiding.
ROLL CALL
PRESENT:
Berry, Swift, Vaughn, Smith, Brown
ABSENT:
None
Also present were: Jim Vanderpool, City Manager; and Shalice Tilton, City Clerk
ORAL COMMUNICATIONS
Mayor Brown announced the public may at this time address the members of the City Council
on any matters within the jurisdiction of the City Council. There being none, Mayor Brown
closed oral communications.
CLOSED SESSION (1 - 5)
Mayor Brown stated the need for a closed session as scheduled and ordered the meeting into
closed session.
1.
CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
Pursuant to Gov. Code Section 54956.9 (A)
Name of case: City of Buena Park v. Patrick C. Petruzzelli, et al
The City Council authorized settlement authority.
2.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Gov. Code Section 54956.8.
Property: 7860 Western Avenue
Negotiating Parties: Ruben M. Lopez and Trail Hands Properties, LLC
Under Negotiation: Price and Terms
The City Council provided direction to staff.
3.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Gov. Code Section 54956.8.
Property: 7860 Western Avenue
Negotiating Parties: Ruben M. Lopez and BA Hotel & Resort, LLC
Under Negotiation: Price and Terms
The City Council provided direction to staff.
(Removed by Addendum)
4.
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Gov. Code Section 54957.6
Agency Negotiator: Buena Park Management Unit
City Council Minutes
August 25, 2015
Vol. 47 Pg. 60
(Added by Addendum)
5.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Pursuant to Gov. Code Section 54956.9 (d)(2)
A point has been reached where, in the opinion of the City Council on the advice of its
City Attorney based on existing facts and circumstances, there is a significant exposure
to litigation against the City.
Number of potential cases: One
No reportable action.
Mayor Brown reconvened the meeting in open session, and reportable action was announced
as delineated above.
ADJOURNMENT
There being no further business, Mayor Brown adjourned the meeting at 4:50 p.m.
____________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Item 01
Item 01
MINUTES OF CITY COUNCIL MEETING
OF THE CITY OF BUENA PARK
HELD AUGUST 25, 2015
Vol. 47 Pg. 61
CALL TO ORDER
The City Council met in a regular session on Tuesday, August 25, 2015, at 5 p.m., in the City
Council Chamber of the Civic Center, 6650 Beach Boulevard, Buena Park, California, Mayor
Brown presiding.
ROLL CALL
PRESENT:
ABSENT:
Berry, Brown, Smith, Swift, Vaughn
None
Also present were: Jim Vanderpool, City Manager; Steven L. Dorsey, City Attorney; and
Shalice Tilton, City Clerk.
INVOCATION
The invocation was led by Rabbi Lawrence Goldmark.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Corey Sianez, Chief of Police.
PRESENTATIONS
Council Member Berry presented a twenty-five year employee service award to Wood Nousome
of the Public Works Department.
ORAL COMMUNICATIONS FOR ITEMS NOT ON THE AGENDA
Mayor Brown announced that this is the time for the public to speak on any city-related issue
and inquired if anyone present desired to speak.
Community Services Supervisor Imani Tolliver announced the 2015 Autumn Nights at The
Plaza performing arts program. Performances include “Deadwood Dick, or a Game of Gold” to
be held September 11, 12, 18, and 19; and “Doobies Inc, a Tribute to The Doobie Brothers” to
be held October 3. All performances will be held at the Plaza at the Ehlers Event Center. For
more information visit BuenaPark.com or call 714-562-3860.
Albert Roman, Dr. Dana Churchill, and Michael Ye each spoke in support of Doctors Against
Forced Organ Harvesting, and expressed concern regarding the Bodies the Exhibition because
they believe it displays human remains of Chinese prisoners.
Baron Night, Buena Park Rotary Club, extended an invitation to the November 7 Rotary Club
dinner in honor of WWII veterans. For additional information call 714-521-7668 or visit
www.bprotary.org for additional information.
There being no further requests to speak, Mayor Brown closed oral communications.
CONSENT CALENDAR (1 - 5)
Mayor Brown announced that Consent Calendar Items 1 through 5 would be acted upon by one
motion affirming the actions as recommended on the agenda and agenda bills submitted and
inquired if anyone present desired to have any item removed for separate consideration. There
being no requests for separate consideration the following action was taken:
MOTION:
SECOND:
AYES:
NOES:
Berry
Swift
Berry, Swift, Vaughn, Smith, Brown
None
August 25, 2015
Vol. 47 Pg. 62
MOTION CARRIED that all actions recommended on Consent Calendar Items 1 through 5 be
approved.
CONSENT CALENDAR (1 – 5)
Minutes
1.
APPROVAL OF MINUTES
Meetings of August 11, 2015 (3:30 p.m. adjourned), August 11, 2015 (3:30 p.m. special),
August 11, 2015 (5 p.m.).
Recommended Action: Approve.
APPROVED.
Finance 75
2.
RESOLUTIONS APPROVING CLAIMS AND DEMANDS
Recommended Action: Adopt resolutions.
ADOPTED the following titled resolutions:
RESOLUTION NO. 13298:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $730,952.14 COVERING
REGULAR PAYROLL ENDING JULY 31, 2015
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $25,259.13 COVERING
RETIREE PAYROLL ENDING JULY 31, 2015
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA,
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $11,895.12 DEMAND NOS.
373739 THROUGH 373751 VOIDS SEE ATTACHED LIST
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA,
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,626,409.06 DEMAND
NOS. 373752 THROUGH 373982 CANCELLED NOS. 373415, 373600 AND 373610 VOIDS
SEE ATTACHED LIST
Reports & Studies 129
3.
TREASURER'S REPORT FOR THE MONTH OF JULY 2015
Reports on all investments including value, original purchase price, maturities, and a
summary of cash by fund.
Recommended Action: Receive and file.
APPROVED the recommended action.
Finance 75
4.
RESOLUTION APPROVING THE CITY OF BUENA PARK STATEMENT OF
INVESTMENT POLICY DATED AUGUST 25, 2015
Purpose: To approve the City’s investment policy annually as required by State law.
Recommended Action: 1) Adopt a resolution approving the City of Buena Park
Statement of Investment Policy dated August 25, 2015.
ADOPTED the following titled resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA,
AUTHORIZING THE CITY TREASURER TO INVEST FOR SAFEKEEPING IDLE MONEY OF
Item 01
August 25, 2015
Vol. 47 Pg. 63
THE CITY OF BUENA PARK IN ACCORDANCE WITH THE “STATEMENT OF INVESTMENT
POLICY” DATED AUGUST 25, 2015
Purchasing 127
5.
PURCHASE OF TWO UNDERCOVER POLICE VEHICLES
Purpose: To purchase two new undercover police vehicles to replace two older police
vehicles in the fleet.
Recommended Action: 1) Authorize the purchase of two 2016 Dodge Charger police
vehicles in an amount not to exceed $55,116.94.
APPROVED the recommended action.
NEW BUSINESS (6 – 11)
Transportation 148 State Grants 185
6.
AUTHORIZATION TO SUBMIT AN APPLICATION TO THE MOBILE SOURCE AIR
POLLUTION REVIEW COMMITTEE (MSRC) FOR THE CLEAN TRANSPORTATION
FUNDING PROGRAM
Staff report by Aaron France, Assistant to the City Manager
Purpose: To apply for funding for the Southern California Edison (SCE) right-of-way trail
project.
Recommended Action: 1) Authorize staff to submit an application for the Clean
Transportation Funding program; and 2) Authorize the City Manager to execute any
necessary documents associated with this application.
MOTION:
SECOND:
AYES:
NOES:
Swift
Vaughn
Swift, Vaughn, Berry, Smith, Brown
None
MOTION CARRIED to approve the recommended action.
Contracts 70 C-2728 Budgets 47 Water 153 Municipal Water District of OC 101.1
7.
AGREEMENT WITH THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY
(MWDOC) FOR PARTICIPATION IN AND CO-FUNDING OF THE COUNTY’S WATER
CONSERVATION PROGRAMS
Staff report by Francisco Gutierrez, Associate Engineer
Purpose: To enable residents to participate in the County’s Water Conservation
Programs, including rebates for smart timers and turf removal. These programs will be
funded by the Water Enterprise Fund.
Recommended Action: 1) Approve the Agreement with the Municipal Water District of
Orange County (MWDOC) in the amount of $50,000; 2) Authorize the City Manager and
City Attorney to make any necessary, non-monetary changes to the Agreement;
3) Authorize the City Manager and the City Clerk to execute the agreement; and
4) Approve a budget amendment from the Water Enterprise Fund in the amount of
$50,000 for this purpose.
MOTION:
SECOND:
AYES:
NOES:
Smith
Vaughn
Smith, Vaughn, Berry, Swift, Brown
None
Contracts 70 C-2729 Budgets 47
8.
AGREEMENT WITH DEKRA-LITE INDUSTRIES FOR PALM TREE LIGHTING
SERVICES FOR THE BEACH BOULEVARD STREETSCAPE IMPROVEMENTS
PROJECT PHASES 1 AND 2
Staff report by Leah Formanes, Assistant Engineer
Item 01
August 25, 2015
Vol. 47 Pg. 64
Purpose: To hire a consultant to provide palm tree lighting services for the Beach
Boulevard Streetscape Improvements Project Phases 1 and 2. This project will be
funded by former Redevelopment Agency (RDA) bond proceeds.
Recommended Action: 1) Approve an agreement with Dekra-Lite Industries in the
amount of $427,633.61; 2) Authorize contingency funds in the amount of $43,000 in the
same purchase order; 3) Authorize the City Manager and City Attorney to make any
necessary, non-monetary changes to the agreement; and 4) Authorize the City Manager
and City Clerk to execute the agreement.
During the discussion, it was noted that the contract draft has an incorrect contract amount
listed on pp. 1-2. The correct contract amount is $427,633.61.
MOTION:
SECOND:
AYES:
NOES:
Smith
Swift
Smith, Swift, Berry, Vaughn, Brown
None
MOTION CARRIED to approve the recommended action with a revision to the scope of work to
change from six months maintenance to twelve months maintenance and to require Dekralite
conduct a test of the system to ensure functionality during the eleventh month of the contract.
(City Council/Successor Agency)
Successor Agency 600 Contracts 620 C-017 C-018 C-019 C-020 C-021
9.
ACCESS AND MAINTENANCE AGREEMENTS WITH PIRATES DINNER
ADVENTURE; WIN PROPERTIES, INC., AS AGENT FOR WINKAL HOLDINGS, LLC
(AMAYA RESTAURANT); CHO SUN OK KOREAN BBQ; PAUL O’CONNELL
(IDENTITY BOARD SHOP); AND RODEWAY INN AND SHOPS FOR THE
INSTALLATION OF LED LIGHTING AT 7600, 7850, 7880, 7886 AND 7930 BEACH
BOULEVARD THE BEACH BOULEVARD STREETSCAPE IMPROVEMENTS
PROJECT
Purpose: To facilitate the installation of LED lighting on palm trees at several private
properties on Beach Boulevard.
Recommended Action: 1) Approve an Access and Maintenance Agreement with Pirates
Dinner Adventure for installation of LED lighting at 7600 Beach Boulevard; 2) Approve
an Access and Maintenance Agreement with Win Properties, Inc., as agent for Winkal
Holdings, LLC (Amaya Restaurant) for installation of LED lighting at 7850 Beach
Boulevard; 3) Approve an Access and Maintenance Agreement with Cho Sun Ok Korean
BBQ for installation of LED lighting at 7880 Beach Boulevard; 4) Approve an Access and
Maintenance Agreement with Paul O’Connell (Identity Board Shop) for installation of
LED lighting at 7886 Beach Boulevard; 5) Approve an Access and Maintenance
Agreement with Rodeway Inn and Shops for installation of LED lighting at 7930 Beach
Boulevard; 6) Authorize the City Manager/Executive Director and City Attorney to make
any necessary, non-monetary changes to any and all agreements; and 7) Authorize the
City Manager/Executive Director and City Clerk/Secretary to execute all related
documents.
Smith and Vaughn dissented, favoring Option C.
MOTION:
SECOND:
AYES:
NOES:
Swift
Smith
Swift, Smith, Berry, Vaughn, Brown
None
MOTION CARRIED to approve the recommended action
Contracts 70 C-2149 Budgets 47 Trees 149
10.
DISCUSSION AND DECISION REGARDING THE LANDSCAPE PROPOSAL FOR THE
SOURCE AT BEACH
Purpose: To decide whether to approve the installation of 18 Ginkgo trees along Beach
Boulevard at The Source’s cost, or appropriate funds to purchase and install either 18
Item 01
August 25, 2015
Vol. 47 Pg. 65
Phoenix Date Palm trees or 18 Canary Island Palm trees in the public right-of-way along
Beach Boulevard, with the City to pay the difference between the cost of the Ginko trees
and the Palm trees. The additional costs for the Palm trees would be funded by the
Economic Development Fund.
Recommended Action: 1) Approve one of the following options:
Option A: Approve The Source’s original proposal of 18 Ginkgo trees to be installed at
The Source’s cost; or
Option B: Approve funding and installation of 18 Phoenix Date Palm trees at a cost of
approximately $74,520 to the City; or
Option C: Approve funding and installation of 18 Canary Date Palm trees at a cost of
approximately $165,520 to the City.
2) Authorize the City Manager and City Attorney to prepare and execute a funding
agreement with the developer if Option B or C is selected;
3) Approve a budget allocation from the Economic Development Fund for this purpose if
Option B or C is selected.
The majority of the City Council favored Option B, the Phoenix Date Palm trees because the
tree type is consistent with the Beach Boulevard streetscape and is less costly than the Canary
Date Palm trees. Mayor Pro Tem Smith and Council Member Vaughn dissented, favoring
Option C, the Canary Date Palm trees. Mr. Lopez reported that the nursery will agree to
warranty the trees for one year, and the developer has agreed to warranty for three years.
Mayor Pro Tem Smith recommended the developer warranty the trees for five years. Ms.
Wannamaker commented that the developer will warranty the trees.
MOTION:
SECOND:
AYES:
NOES:
Swift
Berry
Swift, Berry, Brown
Smith, Vaughn
MOTION CARRIED to 1) Approve funding and installation of 18 Phoenix Date Palm trees at a
cost of approximately $74,520 to the City; 2) Authorize the City Manager and City Attorney to
prepare and execute a funding agreement with the developer if Option B or C is selected; and
3) Approve a budget allocation from the Economic Development Fund for this purpose if
Option B or C is selected.
Parks & Rec. Dept. 110 Budgets 47
11.
JAZZ CONCERT BUDGET ALLOCATION
Staff report by Margaret Riley, Director of Community Services
Purpose: To allocate funds for the City to sponsor a jazz concert.
Recommended Action: 1) Approve a jazz concert as an additional Cultural/Fine Arts
program; and 2) Approve a budget allocation in the amount of $7,900 from the
undesignated General Fund for this purpose.
MOTION:
SECOND:
AYES:
NOES:
Vaughn
Swift
Vaughn, Swift, Berry, Smith, Brown
None
MAYOR/CITY COUNCIL REPORTS
Council Member Vaughn reported on the following:




August 12 Orange County Food Forum Collaborative
August 14 Buena Park Day at the Orange County Fair & Flag Raising Ceremony
August 17 Boys & Girls Club Golf Tournament Dinner
August 19 Tice House – Menu Tasting
Item 01




August 25, 2015
Vol. 47 Pg. 66
August 19 Rock & Brews Soft Opening
August 22 Super Senior Saturday
August 22 Football Eagles Opening Day
August 24 Judge Soroptimist Miss Buena Park
Council Member Vaughn commented on the great food and music at Rock & Brews and Tice
House Café. She also complimented and thanked Meg Riley, Mark Sauceda and their staff for
a great turnout and outstanding Super Senior Saturday event and said that some of the vendors
commented that Buena Park has the best Senior Center in Orange County.
Council Member Berry reported on the following:
 August 12 Summer Outdoor Concert at Buena Park Downtown
 August 13 Tesla Motors Grand Opening
 August 14 Buena Park Day at the Orange County Fair & Flag Raising Ceremony
 August 19 Tice House – Menu Tasting
 August 19 Rock & Brews Soft Opening
 August 24 Judge – Meet & Greet Miss Buena Park Candidates
Council Member Swift reported on the following:
 August 22 Grand Opening 7-11 Market & Gas Station at Crescent and Western
 OCFA Budget Committee Meeting
 OCFA Executive Committee Meeting
 Australian Swim School Graduation – Focus On Drowning Prevention
Council Member Swift announced that OCFA Chaplain Warren Johnson passed away.
Mayor Pro Tem Smith reported on the following:
 Bangladesh Community Summer Festival 2015
 August 22 Super Senior Saturday
 Pump Boys and Dinettes
Mayor Brown reported on the following:
 August 13 Tesla Motors Grand Opening
 August 14 Buena Park Day at the Orange County Fair & Flag Raising Ceremony
 August 17 LOSSAN Rail Corridor Agency Meeting
 August 21 Ray Bell Retirement (Speech & Language Development Center)
 August 22 Super Senior Saturday
 Bangladesh Community Summer Festival 2015
 August 24 Meet & Greet Miss Buena Park Candidates
CITY MANAGER REPORT

City Clerk Tilton announced the upcoming second round of community workshops to be held
for residents to be a part of drawing the districts for Buena Park. Residents are encouraged
to draw and submit a map to the City Clerk’s Office by September 1. The workshops will be
held September 28, 29, and October 5. Visit www.drawbp.org, stop by City Hall (City
Clerk), or call (714) 562-3750 for information.
City Manager Vanderpool announced the following:
 August 26 Concert at the Mall (Johnny Cash Tribute Band) 7 p.m.
 August 28 & 29 Buena Park Civic Theatre Under the Stars Presents Pump Boys and
Dinettes, call (714) 562-3860 for information.
 September 2 Concert at the Mall (Beatles Tribute Band) 7 p.m.
 The art featured in the Council Chamber is from Arts for Wellness, an organization that
helps rehabilitate individuals and reduce the stigma through art.
Item 01
August 25, 2015
Vol. 47 Pg. 67
RECESS
Mayor Brown recessed the meeting at 6:50 p.m. and announced the meeting would be
reconvened in the Main Conference Room for study session. The meeting was reconvened at
7:10 p.m.
STUDY SESSION (12 – 21) (Adjourn to Conference Room)
12.
REVIEW AND DISCUSSION OF CURRENT TRAFFIC SIGNAL MAINTENANCE
CONTRACT WITH AEGIS ITS
Report by Dennis D. Barnes, Traffic and Transportation Manager
Mr. Barnes gave an overview of the City’s agreement with AEGIS to provide traffic signal
maintenance. The contract is divided into two portions:
Routine Maintenance
Extraordinary Maintenance and Callouts
$ 83,686.20
$ 80,313.80
Total
$164,000.00
The extraordinary maintenance portion is an estimate, and amounts exceeding the estimate are
billed to the City. Extraordinary maintenance includes items such as burnt-out signal lights,
broken pedestrian buttons, malfunctioning vehicle detection, and equipment knock downs.
Following is a history of additional allocations authorized for extraordinary maintenance. These
amounts are in addition to the $80,313.80:
Contract Year 2012-13
$0
$70,000
$80,000
Following discussion, the City Council directed staff to consider a budget revision to better
reflect the necessary extraordinary maintenance not included in the current contract with
AEGIS.
13.
DISCUSSION AND DECISION REGARDING PARTICIPATION IN THE NORTH
ORANGE COUNTY CITIES ENERGY PARTNERSHIP (NOCCEP)
Report by Doug Brodowski, Senior Management Analyst
Mr. Brodowski explained that the North Orange County Cities Energy Partnership (NOCCEP) is
a partnership of cities in conjunction with Southern California Edison (SCE) and the Southern
California Gas Company (“Gas Company”). The purpose of the NOCCEP is to promote smart
energy management and save energy dollars in residential, commercial, and municipal sectors.
The ultimate goal of the NOCCEP is for cities to complete energy efficiency projects at
municipal facilities and then educate other commercial, industrial, and residential energy
customers to do the same. By participating, the City could earn discounted energy rates.
Following discussion, the City Council favored participation in the NOCCEP and directed staff to
bring forward formal action.
14.
DISCUSSION AND DIRECTION REGARDING A PROPOSED CITYWIDE SIDEWALK
INSPECTION PROGRAM
Report by Gerry Lopez, Field Operations Manager
Mr. Lopez gave an overview of a proposed Sidewalk Maintenance Program. The purpose of the
program is to inspect the city-owned sidewalks every twelve months and to report and schedule
repairs for all hazardous conditions. The program will serve to minimize the possibility of injury
to residents and visitors to the City. The Sidewalk Maintenance program will provide standard
instructions for conducting sidewalk inspections and management of the records. Following the
overview, the City Council directed staff to proceed with implementing the Sidewalk
Maintenance Program as presented.
Item 01
15.
August 25, 2015
Vol. 47 Pg. 68
DISCUSSION AND DIRECTION REGARDING THE RENOVATION OF THE
WHITAKER-JAYNES ESTATE
Report by Gerry Lopez, Field Operations Manager
Mr. Lopez reported that Thirtieth Street Architects has completed its historical preservation
assessment of the Whitaker-Jaynes Estate and Bacon Houses. The assessment recommends
the following renovations:
Whitaker-Jaynes Estate
 Exterior Recommendations:
o New roof
o Replace all flashings, downspouts, and gutters
o Replace all deteriorated wood
o Prep, prime and paint all walls, windows, doors, deck
and crawlspace skirt
 Interior Recommendations:
o Remove existing wallpaper from ceilings
o Prep ceiling and install new wallpaper
o Remove carpeting, pad and sheet flooring
o Refinish wood floors
o Install appropriate area rugs where recommended
Cost: $152,000
Cost: $120,000
Bacon House
 Exterior Recommendations:
o New roof
o Clean walls, windows, and doors
o Prep, prime and paint exterior walls and lattices
o Install drip irrigation around building
 Interior Recommendations:
o Cleaning of ceiling, walls, and floor with non-abrasive means
Asbestos and Lead-Based Paint Results
 Asbestos found in Whitaker-Jaynes Estate only
 Lead-based paint in both homes
 Mitigation will be required if homes are refurbished
Cost: $34,000
Cost: $1,200
Cost: To Be Determined
Following discussion, the City Council recognized the need to restore the deteriorating
buildings. The City Council also agreed that the restoration materials and workmanship should
be historically accurate. The total renovation costs for both buildings are $307,200 (asbestos
and lead-based paint mitigation not included). The City Council appointed an ad hoc committee
of Council Member Berry and Council Member Swift to meet with the Buena Park Historical
Society on a possible cost sharing agreement for the renovations of both the Whitaker-Jaynes
Estate and the Bacon House.
16.
DISCUSSION AND DIRECTION REGARDING TECH SHOP ESTABLISHING IN
BUENA PARK
Report by Ruben M. Lopez, Economic Development Administrator
Mr. Lopez gave an overview of TechShop, which is a membership-based facility providing
access to professional equipment, technology, instruction, and staff expertise. The purpose of
TechShop is to provide a collaborative and creative environment to those who would not
normally have access to such advanced machinery and technology.
The City Council expressed desire to visit a TechShop location, tentatively in San Jose during
the League Conference. The City Council was open to additional information gathering on the
feasibility of locating a TechShop in Buena Park.
17.
DISCUSSION AND DECISION REGARDING YOUTH IN GOVERNMENT DAY
Mr. France reported that, at its June 9, 2015, meeting, the City Council directed staff to draft
guidelines for a Youth in Government Day. Mr. France presented a proposed one-day program
outline which provides for groups of high school students to rotate through presentations and
hands-on learning activities from each city department.
Item 01
August 25, 2015
Vol. 47 Pg. 69
Direction to proceed with a Youth in Government Day to be scheduled the second week in
November.
18.
The following items were calendared for future discussion:

City Council Protocols Review (Brown)
Council Member Swift requested a presentation on the Treasurer’s Report and Investment
Policy.
19.
CITY COUNCIL REPORT
No report.
20.
CITY MANAGER REPORT
City Manager Vanderpool reported on the following:
 September 15 Rock & Brews Ribbon Cutting & VFW Fundraiser
21.
COMMISSION/COMMITTEE APPOINTMENTS/REMOVALS
Direction to place the reappointment of Ken McKinney to the Beautification-Environmental
Commission on the next agenda.
ADJOURNMENT
There being no further business, Mayor Brown adjourned the meeting at 8:40 p.m. to Tuesday,
September 8, 2015, at 3:30 p.m. The regular meeting will begin at 5 p.m. The meeting was
adjourned in memory of Vince Parra, Buena Park Police Explorer.
____________________________
Mayor
ATTEST:
_________________________________
City Clerk
Item 01
Item 02
RESOLUTION NO ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS IN THE SUM OF $48,626.51 DEMAND NOS.
373983 THROUGH 373999
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA
PARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1: That in accordance with Section 37202 of the Government Code, the
Director of Finance or his designated representative hereby certify to the accuracy of the
following demands and to the availability of funds for payment thereof.
_____________________________
Director of Finance
SECTION 2: That claims and demands Nos. 373983 through 373999 in the sum of
$48,626.51 set forth on the 1-page register attached to this resolution and made a part hereof
have been audited as required by law and are hereby allowed as set forth.
PASSED AND ADOPTED this _____ day of _______________ 2015 by the following
called vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
___________________________
City Clerk
Item 02
RESOLUTION NO. _______
Page 2
I hereby certify that the foregoing Resolution was duly and regularly passed and
adopted at a regular meeting of the City Council of the City of Buena Park held this _____ day
of _______________ 2015.
_______________________________
City Clerk
Item 02
SUNGARD PUBLIC SECTOR
DATE: 08/20/2015
TIME: 14:50:38
PAGE NUMBER:
ACCTPA21
CITY OF BUENA PARK
CHECK REGISTER − DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between ’20150813 00:00:00.000’ and ’20150820 00:00:00.000’
ACCOUNTING PERIOD: 2/16
1
FUND − 11 − GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT −−−−−−−−−−−−−−VENDOR−−−− −−−−−−−−−ACTIVITY
−−−−−DESCRIPTION−−−−−−
SALES TAX
AMOUNT
1011
373983
08/20/15 00003929 AFLAC
73
ACCT#U8505
0.00
1,864.94
1011
373984
08/20/15 00007357 BP PD SWAT TEAM
73
DED:1101 SWAT
0.00
280.00
1011
373985
08/20/15 00000481 BUENA PARK POLICE ASSOCI 73
DED:1100 POLICE DUE
0.00
9,417.63
1011
373986
08/20/15 00007416 CALPERS LONG−TERM CARE P 73
DED:0875 PERS LTC
0.00
376.26
1011
373987
1011
373987
1011
373987
TOTAL CHECK
08/20/15 00007331 COLONIAL SUPPLEMENTAL IN 73
DED:0871 COL CANCER
DED:0843 COLONIAL
DED:0844 COLONIAL
0.00
0.00
0.00
0.00
46.10
678.82
123.06
847.98
1011
373988
1011
373988
TOTAL CHECK
08/20/15 10002129 CSAC EXCESS INSURANCE AU 73
08/20/15 10002129 CSAC EXCESS INSURANCE AU 73
(07/15)
(07/15)
0.00
0.00
0.00
3,203.26
1,435.23
4,638.49
1011
373989
08/20/15 00007335 EMPLOYMENT DEVELOPMENT D 196200
ACCT#932−0469−1
0.00
5,443.99
1011
373990
08/20/15 00001095 FRANCHISE TAX BOARD
DED:0071 MISC
0.00
75.00
1011
373991
08/20/15 10006665 INTERNAL REVENUE SERVICE 73
DED:0079 GARNISHMNT
0.00
50.00
1011
373992
08/20/15 00007341 OTILIA MARTINEZ
73
DED:0053 MISC
0.00
150.00
1011
373993
08/20/15 10004178 NATIONAL PAYMENT CENTER
73
DED:0076 GARNISHMNT
0.00
287.97
1011
373994
08/20/15 00009023 PREFERRED BENEFIT INSURA 73
GROUP#59 EIA14790
0.00
24,306.48
1011
373995
08/20/15 00000336 SOUTHERN CALIFORNIA EDIS 290130
800 AMPS/WM.PEAK PARK
0.00
297.00
1011
373996
08/20/15 10001485 UNITED STATES TREASURY
73
DED:0073 GARNISHMNT
0.00
250.00
1011
373997
08/20/15 10005907 UNITED STATES TREASURY
73
DED:0070 MISC
0.00
100.00
1011
373998
08/20/15 00007324 UNITED WAY OF ORANGE COU 73
DED:1000 UNI WAY
0.00
10.00
1011
373999
08/20/15 10003835 US BANKRUPTCY COURT
DED:0084 BANK COURT
0.00
230.77
TOTAL CASH ACCOUNT
0.00
48,626.51
TOTAL FUND
0.00
48,626.51
TOTAL REPORT
0.00
48,626.51
73
73
Item 02
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK, CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN
THE SUM OF $669,187.57 COVERING REGULAR PAYROLL ENDING
AUGUST 14, 2015.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That in accordance with Section 37208 of the Government Code,
the Director of Finance or his designated representative hereby certifies to the accuracy
of the following demands and to the availability of funds for payment thereof.
__________________________________
Director of Finance
SECTION 2: The claims and demands in the sum of $669,187.57 set forth on
this 9-page register attached to this resolution and made a part hereof have been
audited as required by law and are hereby allowed in the amount set forth.
PASSED AND ADOPTED this _____ day of _______________ 2015 by the following
called vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
__________________________
City Clerk
Item 02
Page 2
I hereby certify that the foregoing resolution was duly and regularly passed and
adopted at a regular meeting of the City Council of the City of Buena Park held this
_____ day of _______________ 2015.
_____________________________
City Clerk
Item 02
DATE: 08/31/2015
TIME: 15:56:09
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
CHECK REGISTER(CONCISE)
SELECTION CRITERIA: checkhis.pay_run in (’FH2’,’FH4’)
ALL CHECKS
PAYRUN: FH4
DATE: 08/13/2015
CHECK
NUMBER
DEPOSIT
AMOUNT
CHECK
AMOUNT
272770
.00
876.86
.00
876.86
PAYRUN TOTAL
CHECK:
1
MAN/VOID
−−−−−−−−−−EMPLOYEE−−−−−−−−−−
ID NUMBER
CABAN, ELLIE
703
1
Item 02
DATE: 08/31/2015
TIME: 15:56:09
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
PAYRUN: FH2
DATE: 08/21/2015
CHECK
NUMBER
V272771
V272772
V272773
V272774
V272775
V272776
V272777
V272778
V272779
V272780
V272781
V272782
V272783
V272784
V272785
V272786
V272787
V272788
V272789
V272790
V272791
V272792
V272793
V272794
V272795
V272796
V272797
V272798
V272799
V272800
V272801
V272802
V272803
V272804
V272805
V272806
V272807
V272808
V272809
V272810
V272811
V272812
V272813
V272814
V272815
V272816
V272817
V272818
V272819
V272820
V272821
DEPOSIT
AMOUNT
CHECK
AMOUNT
1,724.97
3,001.79
3,211.18
2,455.63
1,536.94
441.10
5,594.40
171.23
534.51
528.81
388.31
983.68
1,593.87
1,398.75
2,412.85
3,844.66
2,708.70
3,575.59
1,777.47
1,392.45
407.72
917.70
1,483.97
471.99
4,724.96
616.34
2,836.78
1,895.17
1,051.44
1,555.17
1,499.03
1,651.21
2,501.09
1,746.61
2,836.00
1,781.79
1,350.44
1,830.47
2,794.01
1,902.36
2,929.18
1,798.60
2,636.78
1,632.75
1,597.37
716.75
1,421.38
1,125.67
926.73
5,405.12
4,691.09
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
MAN/VOID
−−−−−−−−−−EMPLOYEE−−−−−−−−−−
ID NUMBER
COOK, MARSHA A.
COPPING, SARA R.
FRANCE, AARON
HOLMQUIST, MYRNA M.
PETERSON, JEREMY W.
RIECK, DEEDRE
VANDERPOOL, JAMES B.
BERRY, STEVE
BROWN, ARTHUR C.
SMITH, FRED
SWIFT, ELIZABETH A.
VAUGHN, VIRGINIA A.
GUERRA, SARAH E.
LEWIS, MICHELE L.
LONG, LINDA F.
TILTON, SHALICE M.
BURNETT, ALICE M.
FENTON, EDWARD S.
FLORES, LYDIA
KERN, DONNA L.
PREY, PATRICH JERALD J.
GLAVIN, BARBARA
HERNANDEZ, GLORIA
HUTCHINSON, SANDRA
HYUN, SUNG
MAHAN, MARK
MCLAUGHLIN, LISA
MENDOZA, MARIA D.
MYERS, CHRISTINE M.
RITTENHOUSE, DORA
SCHALLER, DIANE T.
UTKA, MARGARET
VARELA, DENNIS J.
BOLIN, DIANE M.
GERSCH, MICHAEL R.
TEMPLETON, JOHN R.
BELTRAN, CINDY
BERROTERAN, RAUL
CULL, ROBERT D.
GATES, GARY A.
HADLEY, BRIAN C.
LESTER, ALEXANDER
CAMACHO, MARIO
DAVIS, SUZANNE R.
LAGMAN, MARITA G.
LIN, YU HSUAN
MACIAS, JUDITH EILEEN
MONTOYA−HORN, ANA L.
ORTEGA, ROBERT J.
RESSLER, MICHAEL
ROSEN, JOEL
4659
951
1650
9247
4140
4392
5457
475
655
4937
5190
5472
1470
2858
2930
1549
684
1564
1584
2574
4246
1768
2092
2200
2248
5791
3188
3293
3629
4428
1937
5420
5463
554
1754
5267
467
476
1012
1750
1946
2868
731
1085
2760
2914
2996
3480
3878
4378
4531
2
Item 02
DATE: 08/31/2015
TIME: 15:56:09
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
V272822
V272823
V272824
V272825
V272826
V272827
V272828
V272829
V272830
V272831
V272832
V272833
V272834
V272835
V272836
V272837
V272838
V272839
V272840
V272841
V272842
V272843
V272844
V272845
V272846
V272847
V272848
V272849
V272850
V272851
V272852
V272853
V272854
V272855
V272856
V272857
V272858
V272859
V272860
V272861
V272862
V272863
V272864
V272865
V272866
V272867
V272868
V272869
V272870
V272871
V272872
V272873
V272874
V272875
V272876
V272877
V272878
3,143.95
669.17
2,641.48
1,997.14
1,592.11
47.39
47.39
47.39
47.39
47.39
47.39
47.39
2,039.62
1,821.99
668.43
2,180.90
1,847.01
3,339.67
3,021.04
1,683.33
3,780.35
1,536.17
179.15
5,886.05
3,002.16
4,192.86
3,070.30
2,008.33
680.07
2,427.66
2,793.40
2,658.52
1,642.37
2,254.36
1,399.70
580.92
380.21
2,175.71
2,237.60
289.57
170.10
1,433.62
597.67
427.44
2,579.78
418.02
483.60
317.21
2,836.89
2,688.33
385.95
255.20
266.11
2,115.39
1,728.03
727.30
482.66
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
SALTZBERG, JAY A.
SANCHEZ, VIVIANA G.
SANTOS, RUTH
SCHWARTZ, MONIQUE
ZAPIEN, ERNESTINE R.
BARSTOW, LARRY
CAPELLE, JOYCE
CHUNG, JAE JOON
DIEP, DEBORAH
GONZALES, PAUL D.
MCGUIRE, RICHARD
SCHOALES, JAMES
ARCHULETA, MARTHA B.
ARDAIZ, LANA
CORONA, JOSE A.
DHAUW, MELISSA
FEWER, JESSICA
LOPEZ, RUBEN
RIORDAN, DAVID SCOTT
COTA, LORRAINE
HENDRICKS, GARY T.
MAGRUDER−ENOS, CHARLENE
MOTE, ROBERT T.
SIANEZ, COREY S.
WILLIAMS, JUDITH
WORRALL, GARY J.
CARTER, BRET
COTA, RYAN M.
DAHLGREEN, DOLORES E.
LAM, DAVID
MIKIEWICZ, SIMON
NUNEZ, RICHARD CHRIS
SOLIS, DANIEL
SULLIVAN, STACEY
TENG, LING−FEI
ARCOS, IRMA E.
BENDEZU, JUANPABLO
BLOUGH, BRENT A.
BRANDSTETTER, JAMES C.
BRYDGES, KRISTEN
CARUSO, RACHEL
CONN, SANDRA
DIERINGER, REGINA
EARL, AIMEE E.
ESQUETINI, MARIA
GUERRERO, DENISE V.
HOLTMEIER, LAURA B.
LOPEZ, JESSICA D.
MAERKER, ELIZABETH
MCGRATH, CODY J.
MEHLI, SEANJIT S.
MIZYED, PETER
PATEL, VICKY B.
SHERIFF, SAMANTHA L.
TANIGUCHI, MELISSA A.
TERRILL, CARYNN N.
UMLAH, AMBER D.
4621
4616
4640
4658
5777
373
746
807
1208
1822
3222
4655
189
190
952
1170
580
2939
4419
954
2079
3016
3588
4882
5660
5723
767
955
1080
2790
3360
3815
5000
5160
2871
191
470
526
629
5564
2957
960
1515
1451
1536
1910
2192
2936
3017
3220
3225
3432
4045
2096
5230
5280
5435
3
Item 02
DATE: 08/31/2015
TIME: 15:56:09
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
V272879
V272880
V272881
V272882
V272883
V272884
V272885
V272886
V272887
V272888
V272889
V272890
V272891
V272892
V272893
V272894
V272895
V272896
V272897
V272898
V272899
V272900
V272901
V272902
V272903
V272904
V272905
V272906
V272907
V272908
V272909
V272910
V272911
V272912
V272913
V272914
V272915
V272916
V272917
V272918
V272919
V272920
V272921
V272922
V272923
V272924
V272925
V272926
V272927
V272928
V272929
V272930
V272931
V272932
V272933
V272934
V272935
312.61
2,074.64
1,614.76
1,575.72
1,641.77
1,421.78
1,392.97
704.51
426.33
913.01
1,597.48
1,654.59
1,652.47
2,109.79
2,888.40
3,034.08
3,261.50
2,305.52
2,519.87
3,418.16
2,380.07
2,234.95
2,485.80
2,666.01
3,413.35
3,253.24
3,544.25
2,621.51
3,896.56
2,188.55
3,264.26
2,693.02
3,327.48
2,833.91
2,369.39
2,654.94
4,217.04
3,062.73
2,863.09
3,290.14
2,911.42
2,296.36
3,237.63
2,651.13
2,276.04
2,722.71
3,304.87
2,181.87
2,270.24
3,238.45
2,410.85
3,635.04
3,916.89
4,131.46
3,724.95
2,732.74
2,021.25
.00
.00
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.00
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.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
VALDIVIA, CAROLINA N.
YOUNG, LORI
ALCALA, BRITTANY M.
CHAN, KARA K.
CHAVEZ, LULIE
FIORE, KATE A.
KOSKI, ALMA
KUHN, MICHELLE L.
KUHN, TARI J.
MAERTZ, DANA R.
NGO, CATHERINE
PENDLETON, SUN H.
SERRANO, ANGELA A.
VANPELT, LORRAINE A.
BAILEY, JOHN T.
BATES, PATRICK K.
BOYD, ROBERT
BOYER, CAMERON B.
BOYINGTON, DEVIN R.
BROOKS, KYLE L.
CARNEY, PATRICK
CARUSO, NATHANIEL
CATANZARITI, RONALD W.
CHARALAMBOUS, CHRISTOS N.
COLON, BOBBY S.
DAVENPORT, JOSEPH
DIERINGER, RYAN
ESCAMILLA, MARIO
FORSYTH, RICHARD A.
FRANKLIN, KEVIN
GALOS, MICHAEL
GENTNER, GEORGE
GEYER, BRADLEY
HAM, JASON D.
HARTLEY, BENJAMIN
HERST, RYAN A.
HOLLIDAY, STEVE W.
HONG, ALEX S.
HOOVER, JOEY V.
HORNUNG, FRANK M.
JIMENEZ, GUSTAVO
JOHNSON, BRYAN R.
KOTANI, DIANA
LEE, CONNOR
LOPEZ, WILLYVALDO F.
LUONG, ANDY
MARTINEZ, MANUEL
MOELLER, SARAH R.
MORENO, KRISTINE M.
MORGAN, SHAWN P.
MUGICA, MANUEL T.
NGUYEN, NGHIA T.
NUNES, FRANK E.
NYHUS, CHRISTOPHER M.
O’DETTE, DIRK W.
PANTOJA, DAVID
PATTON, DANA A.
5450
1671
58
795
800
1560
2717
2730
2747
3018
3752
4080
255
5455
355
378
584
585
594
645
752
756
759
802
900
1094
1145
1529
1639
1649
1680
1765
1692
1952
2040
2102
2133
2130
2153
9267
2285
2300
1585
2861
2941
2967
3138
3590
63
3549
3592
3755
3813
3808
3823
3986
4050
4
Item 02
DATE: 08/31/2015
TIME: 15:56:09
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
V272936
V272937
V272938
V272939
V272940
V272941
V272942
V272943
V272944
V272945
V272946
V272947
V272948
V272949
V272950
V272951
V272952
V272953
V272954
V272955
V272956
V272957
V272958
V272959
V272960
V272961
V272962
V272963
V272964
V272965
V272966
V272967
V272968
V272969
V272970
V272971
V272972
V272973
V272974
V272975
V272976
V272977
V272978
V272979
V272980
V272981
V272982
V272983
V272984
V272985
V272986
V272987
V272988
V272989
V272990
V272991
V272992
1,521.45
2,936.97
5,422.20
2,452.15
4,124.92
1,944.80
2,595.07
2,826.73
3,166.42
1,546.47
3,057.97
3,895.25
3,975.34
1,508.27
1,318.11
2,332.04
3,472.46
4,105.29
2,450.30
627.67
652.91
695.81
1,011.81
379.20
316.71
875.90
670.23
2,876.29
2,456.89
2,763.19
2,499.50
2,049.55
2,025.92
2,769.19
1,203.61
2,799.13
4,054.61
3,353.31
3,165.07
2,808.93
1,619.10
3,122.20
2,526.89
1,887.13
2,783.78
3,333.02
2,239.17
2,046.64
2,397.01
1,773.85
4,062.29
1,867.78
1,465.00
1,818.12
2,969.72
1,869.34
1,467.22
.00
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.00
.00
.00
.00
PEREZ, OSCAR
PINO, RICHARD P.
PLUMLEE, ROGER A.
RAMIREZ JR., ANGEL
SHEA, KEVIN J.
SIMON, CHARLOTTE F.
TOMSICK, MARTIN S.
WEAVER, CHAD L.
WOO, JAMES J.H.
BAGGIO−GULCHER, TINA M.
GONZALES III, JUAN F.
KIMERY, ERIC R.
KOHANEK, WILLIAM M.
MCCLOUD, BRENDA
MENDIVEL, CHRISTINA M.
NASMAN, LORENA
POWELL, ROGER W.
RICE, JAMES R.
VU, JEFFREY D.
BAIR, JOHN M.
BRETTA, RALPH A.
BRICE, ARTHUR
CASEY, DROUETT B.
LEN, JORGE L.
MARTINEZ, DAVID
PEGG, ARTHUR R.
UNGLES, LARRY D.
ALFONZO, JESSE
ALFONZO, TARA L.
BANKS, TAMRA JO
BISBING, KRISTOPHER D.
BONFILS, TIMEA
BURCIAGA, ERIC
CARNEY, THOMAS
CHARNES, LANCE W.
FRANSSEN, TODD
GANO, KEVIN
LEPE, SERGIO
LOVCHIK, MICHAEL
MORISON, MARK
O’DETTE, NANCY
PELTON, GREGORY S.
PIMENTEL, CHRIS W.
REYES, NADIA S.
SANG, DAVID M.
SHADDOW, JON−MICHAEL
TEWELL, MELISSA
TREADWAY, SARA P.
VONGRIES, JERRY G.
WELCH, PATRICK L.
BIERY, JAMES
JONES, ELLA
THOMAS, KIMBERLY R.
ALMANZA, MINERVA
BARNES, DENNIS
BRADLEY, JOHN J.
DAHL, TERRY
4130
4171
4180
4314
4767
4892
5360
5577
5720
320
1784
2657
2700
3208
3299
3690
4228
4408
5519
284
638
653
771
2900
3132
4070
5440
64
1961
68
508
579
676
751
783
1652
1742
2901
2943
3568
1920
4086
4153
4740
4639
4837
5282
4210
5482
5605
493
2363
5320
79
376
632
1084
5
Item 02
DATE: 08/31/2015
TIME: 15:56:09
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
V272993
V272994
V272995
V272996
V272997
V272998
V272999
V273000
V273001
V273002
V273003
V273004
V273005
V273006
V273007
V273008
V273009
V273010
V273011
V273012
V273013
V273014
V273015
V273016
V273017
V273018
V273019
V273020
V273021
V273022
V273023
V273024
V273025
V273026
V273027
V273028
V273029
V273030
V273031
V273032
V273033
V273034
V273035
V273036
V273037
V273038
V273039
V273040
V273041
V273042
V273043
V273044
V273045
V273046
V273047
V273048
V273049
2,516.46
2,710.45
1,713.79
3,194.69
2,713.87
2,277.97
2,094.34
2,290.56
1,553.65
3,061.63
2,162.64
1,105.81
2,101.22
1,707.06
3,236.34
1,719.80
2,137.32
3,255.31
1,408.03
1,611.03
2,650.14
1,114.33
1,523.04
2,515.37
1,595.38
837.49
1,579.26
1,739.08
2,992.61
2,705.40
2,190.48
2,065.23
4,191.18
1,705.72
2,729.60
2,319.94
2,026.98
2,265.88
2,129.64
1,859.20
1,332.81
1,382.47
3,156.46
1,574.14
1,512.96
1,651.64
1,655.65
1,666.86
2,185.69
723.20
1,864.11
1,416.40
646.04
2,020.79
2,024.72
1,273.85
3,997.12
.00
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.00
.00
.00
FORMANES, LEAH
GUTIERREZ, FRANCISCO J.
HENEIN, NABIL S.
JACOBS, DAVID T.
KIM, KENNETH
LANNAN, GREGORY P.
NOUSOME, WOOD V.
TAYLOR, KRISTIN
THOMAS, DAVID
TOWNSEND, JEFFREY
WINKLE, CHARLES E.
WONG, KATHERINE L.
WRAY, NORMAN C.
AUBUCHON, LAURIE
BRODOWSKI, DOUGLAS E.
GENERA, ELIZABETH A.
HUNT, JOSEPH T.
LOPEZ, GERARDO
LUX, ANDREA
GONZALEZ, ALEJANDRO
LIBUNAO, NINO C.
MAGDALENO, CARLOS C.
VAZQUEZ, JOE L.
ARMENDARIZ, RICHARD A.
CARRILLO, EDWARD
EISENREICH, PAUL
FINCH, BARRETT A.
GONZALEZ, ANGEL A.
GRISSO, MICHAEL J.
HAGAN, KEVIN J.
HUNT, ROBERT S.
LANFORD, JOHN R.
MCGEE, MICHAEL J.
MENDOZA, JOHN G.
MOORE, FRANK
PARKER, TRAVIS J.
SANCHEZ, JUAN
SPEAR, ANTHONY
TEJADA, JOSE
TRAHAN, KALANI
AMARO, MOSES
BRISENO, ANDRES
BRITO, BOBBY
BRITO, MICHAEL L.
GUERRA, JOSE
MARTLARO, MICHAEL A.
MASON, DANIEL
MELLADO, KIM
MERROW, MATTHEW C.
MESA, VAN E.
PORTER, JEFFREY A.
RAI, MANBIR
VILLAFANA JR., RICHARD
DURAN, CESAR
MACIAS, RAYMOND M.
MULLENBACH, PETER J.
WHITESIDE, JOHN S.
4144
1913
2078
2270
2587
2791
3727
5233
5316
5375
5675
5715
5725
250
650
1685
2249
2942
2972
1783
2912
3034
5473
197
765
1481
1574
1825
1883
1947
2252
2766
9306
3292
3486
4008
4617
5011
5246
5397
125
639
640
642
1912
3124
3164
3289
3316
3320
4174
4313
5479
1450
2998
3595
5631
6
Item 02
DATE: 08/31/2015
TIME: 15:56:09
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
V273050
V273051
V273052
V273053
V273054
V273055
V273056
V273057
V273058
V273059
V273060
V273061
V273062
V273063
V273064
V273065
V273066
V273067
V273068
V273069
V273070
V273071
V273072
V273073
V273074
V273075
V273076
V273077
V273078
V273079
V273080
V273081
V273082
V273083
V273084
V273085
V273086
V273087
V273088
V273089
V273090
V273091
V273092
V273093
V273094
V273095
V273096
V273097
V273098
V273099
V273100
V273101
V273102
V273103
V273104
V273105
V273106
1,903.78
2,902.57
4,079.28
2,014.99
1,841.48
2,040.52
1,949.26
1,035.70
221.75
1,095.17
1,149.39
1,660.13
1,847.60
135.19
713.22
574.44
532.20
140.45
195.54
217.50
319.59
119.98
508.65
434.63
365.68
708.84
454.85
323.72
112.40
124.82
193.19
172.64
286.44
239.50
344.65
154.87
315.45
261.47
145.55
1,426.86
258.40
223.97
243.86
158.18
332.53
311.75
170.66
178.57
226.36
150.92
79.09
358.94
319.72
174.61
202.12
353.33
193.19
.00
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.00
.00
.00
.00
.00
.00
.00
COLES−GUZMAN, MARY P.
KURATA, DALE
RILEY, MARGARET
TOLLIVER, IMANI Y.
BACA, ANDREW
ESCATEL−OROSCO, PEDRO
MOJARRO, ANDREW
MUNOZ, GENE R.
PALACIOS, JOEL A.
PAULINO, REY O.
ROMERO, FIDEL
VANDEWEERD, JEREMY
WELLS, ANTHONY G.
AGUILAR, KENNETH
AGUIRRE, CARLOS
ALCANTER, MICHAEL F.
ARIAS, ANGELA M.
ATIENZA, JONATHAN
BALANDRAN, GABRIELLA E.
BANUELOS, VANESSA N.
BENYAMIEN, DANIEL S.
BUI, RICKY D.
CAMPOS, ALBERTO A.
CANSECO, EDMUNDO X.
CASTILLO, JULIANA
CASTRO, ANDREW C.
CHAVEZ, ARIANA H.
CHAVEZ, MARISSA
CHEAV, SOVANNDY B.
CORTES, KIMBERLY
COVARRUBIAS, KATIA
DEJESUS, ESTHER M.
EWING, ROGER
FLORES, GUILLERMO
FLORES, NATHAN D.
FRIAS, JESSICA
GARCIA, WINGARD F.
GOMEZ, YVONNE R.
GUERRERO, MARY CARMEN S.
GUTIERREZ, SHAYNA L.
GUZMAN, NADINE
GUZMAN, YVONNE L.
HERNANDEZ−MERCADO, CRISTINA E.
JORDAN, LAURYN D.
MCGUIRE, JESSICA
MCKAY, AYRON
MCKAY, MATTHEW
MCSHEA, MORGAN
MERCADO, IRENE
MONTERO−LIMA, SARAHI M.
MOORE, TEHNYSHA M.
MOREIRA, CELESTE D.
PARANAL, BRYAN
PARKS, LINDSAY L.
PERAZA−ROMERO, JOHNCITO F.
POWERS, COURTNEY M.
RAMIREZ, SANTA GABRIELA
950
2749
4607
5356
315
1537
3082
3600
3960
4063
4530
5458
5610
26
24
59
196
237
360
361
460
682
725
715
769
740
788
787
824
956
970
1097
1540
1576
1580
1658
1665
1775
1905
5459
1917
1919
2105
2390
3171
3215
3218
3224
3304
3470
3484
3552
4009
4007
4113
4230
4330
7
Item 02
DATE: 08/31/2015
TIME: 15:56:09
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
V273107
V273108
V273109
V273110
V273111
V273112
V273113
V273114
V273115
V273116
V273117
V273118
V273119
V273120
V273121
V273122
V273123
V273124
V273125
V273126
V273127
V273128
V273129
V273130
V273131
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V273134
V273135
V273136
V273137
V273138
V273139
V273140
V273141
V273142
V273143
V273144
V273145
V273146
V273147
V273148
V273149
V273150
V273151
V273152
V273153
V273154
V273155
V273156
V273157
V273158
V273159
V273160
V273161
V273162
V273163
1,521.91
309.23
48.42
52.72
233.12
168.69
216.15
229.07
93.68
205.63
579.30
298.87
450.81
642.23
166.27
1,678.43
210.15
319.59
232.57
182.50
131.19
502.02
836.80
736.89
823.17
754.64
327.87
1,291.42
489.86
932.42
870.87
863.54
752.89
790.97
642.39
874.65
21.97
621.48
13.84
1,014.08
1,447.41
638.75
578.23
527.22
399.63
798.59
915.75
981.68
516.76
552.87
248.89
515.81
687.04
166.09
447.67
240.60
471.25
.00
.00
.00
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.00
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.00
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.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
RAMIREZ, VERONICA
RIOS, CORINA
RITZO, SHELBY J.
ROBLEDO, ALEXANDRA
RODARTE, RYAN P.
RODRIGUEZ, ENRIQUE M.
ROMERO, SELENA
SCANLON, MEGAN N.
SILVA, SAUL R.
SIPES, JONATHAN W.
SIPES, KIMBERLY
SOTO, MIGUEL A.
STRICKLER, LINDA L.
SUZUKI, JORDAN K.
TOLEDO, ANDREW T.
VANSICKLE, MICHELLE
VARGAS, AMANDA R.
VAZQUEZ, MARIO
VERA, DIANA
WILKERSON, JAKE T.
ZAVALETA, TERESA
APPLEBAUM, STERLING K.
BENJAMIN, SARAH E.
BOTELLO, JERRY A.
CABAN, ELLIE
CABAN, KAYLA
CABRAL, GABRIEL
CHAVEZ, ALEJANDRO
CHAVEZ, ISMAEL
CISNEROS, STEPHANIE
FLORES, DENISE
HARRISON, LISA C.
KLOEPFER, CODY T.
KUCUKARSLAN, STEFANIE V.
LAWLOR, SARAH E.
LOVETERE, COLETTE B.
LUGO, SARAH H.
MEDIRAN, JOHN
MENDOZA, MIA G.
OWENS, CHANNON N.
RABANERA, AL
SANCHEZ, HALI B.
SONG, YOUI J.
TAYLOR, TABETHA R.
TORDIL, AMANTE
WHYTE, LAURYN
WRIGHT, KEVIN S.
WRIGHT, SEAN
BELLER−LETCHER, MICHAEL J.
BONILLAS, GREGORIO H.
HERNANDEZ, PHILLIP
KURPJUWEIT, MATTHEW A.
MILLIGAN, AARON G.
NASMAN, TYLER E.
PEREZ, FELIPE D.
ROMERO, IVAN E.
SEVILLA, LUIS
4336
4425
4427
4475
4478
4484
4521
4654
4887
4897
4900
5005
5135
5170
5358
2076
5454
5474
5478
5655
5780
179
340
581
703
704
701
785
822
810
1578
1980
2704
2728
2778
2950
2963
3317
3295
3880
4307
4614
5001
5234
5361
5649
5736
5740
2866
575
2095
2745
3370
3693
4138
4522
4730
8
Item 02
DATE: 08/31/2015
TIME: 15:56:09
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
V273164
V273165
V273166
V273167
V273168
V273169
V273170
V273171
V273172
V273173
V273174
V273175
V273176
V273177
V273178
V273179
V273180
V273181
V273182
V273183
V273184
V273185
V273186
V273187
332.07
301.81
298.58
279.06
255.91
428.17
278.59
421.92
540.79
274.64
522.33
1,711.91
1,870.09
338.23
357.69
1,383.22
1,230.69
409.77
265.59
401.57
1,990.57
573.05
184.19
321.82
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
PAYRUN TOTAL
CHECK:
417
668,310.71
.00
TOTAL
CHECKS:
668,310.71
876.86
418
VALENCIA, LEROY C.
ANDRADE, GLORIA R.
BLATTER, MAHLON D.
CAMPBELL, PHYLLIS J.
CEVALLOS, VANESSA
DOMINGO, ROMMEL D.
ESCALERA, RICARDO
GILES, NICOLE E.
HAN, HOON J.
LOVATTO, DONNA
LUGO, JUANA
MARTINEZ, EDWARD J.
NIELSEN, ROSEMARY
PARAJULI, SABIRA
PHILBROOK, RAMONA L.
RICO, ALYSSA
ROGERS, PATRICK J.
ROMERO, SOCORRO
RUIZ, ANA M.
SANCHEZ, RENEE A.
SAUCEDA, MARK G.
SMITH, ESTHER L.
TURNER, CURTIS J.
VALVERDE, DEREK
5452
140
520
700
770
1360
1520
1758
1974
2944
2964
3143
3760
4005
4142
4409
4480
4528
4591
4619
4642
4930
5430
5464
9
Item 02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK, CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN
THE SUM OF $24,993.13 COVERING RETIREE PAYROLL ENDING
AUGUST 31, 2015.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That in accordance with Section 37208 of the Government Code, the
Director of Finance or his designated representative hereby certifies to the accuracy of the
following demands and to the availability of funds for payment thereof.
__________________________________
Director of Finance
SECTION 2: The claims and demands in the sum of $24,993.13 set forth on
the 4-page register attached to this resolution and made a part hereof have been
audited as required by law and are hereby allowed in the amount set forth.
PASSED AND ADOPTED this _____ day of _______________ 2015 by the following called
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
__________________________
City Clerk
Item 02
Page 2
I hereby certify that the foregoing resolution was duly and regularly passed and
adopted at a regular meeting of the City Council of the City of Buena Park held this
_____ day of _______________ 2015.
_______________________________
City Clerk
Item 02
DATE: 08/31/2015
TIME: 16:07:55
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
SELECTION CRITERIA: checkhis.pay_run=’FR8’
ALL CHECKS
PAYRUN: FR8
DATE: 08/28/2015
CHECK
NUMBER
DEPOSIT
AMOUNT
CHECK
AMOUNT
273188
273189
273190
273191
273192
273193
273194
273195
273196
273197
273198
273199
273200
273201
273202
273203
273204
273205
273206
273207
273208
273209
273210
273211
273212
273213
273214
273215
273216
273217
273218
273219
273220
273221
273222
273223
273224
273225
273226
273227
273228
273229
273230
273231
273232
273233
273234
273235
273236
273237
273238
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
4.00
4.00
4.00
50.00
78.00
4.00
38.00
4.00
38.00
78.00
188.00
4.00
78.00
38.00
4.00
4.00
188.00
4.00
4.00
4.00
4.00
298.00
78.00
50.00
188.00
38.00
188.00
4.00
186.00
38.00
78.00
188.00
50.00
298.00
78.00
4.00
186.00
186.00
50.00
4.00
38.00
186.00
188.00
188.00
188.00
4.00
188.00
4.00
78.00
4.00
78.00
MAN/VOID
−−−−−−−−−−EMPLOYEE−−−−−−−−−−
ID NUMBER
ALDRICH, DARLINE W.
ALLARD, LILLIAN
BAKER, DOLORES B
BECKER, LLOYD R
BEILKE, DONALD F
BETTINI, JUANITA S
BEVINS, RONALD H
BINGER, GEZA
BRANDER, DONNA
BRIGHT, CLEMENTINE T
BROMLEY, AMY L
CANEZ, ANGELINA T.
CHANEY, VICTORIA A.
CHESSEN, DONNA L
CHILES, CARROL M
COLLIER, MARGARET S
DENNY, JOHNNIE F
DRAKE, BEATRICE L
DUNN, JOHN E
ERWIN, ETHEL J
EVANS, JOANE B
FAIRMAN, ERIC A
FIPPS, PHYLLIS E
FRAZIER, MAUREEN
FROST, FRANK E
GARBER−BOND, KIM
GONZALES, ROBERT
GONZALES, RUDY R
GRIFFIN, DON
HAMBY, PAUL D
HARBERT, CLAUDE M
HAYES, JAMES M
HICKEY, SUZY
HOLGUIN, ALEXANDER
JACKSON, GARY D
JONES, SUSAN
KIRCHNER, THOMAS L
KUBA, TOSHIO
LAMBERT JR, SCOTT E
LOMELI, ANGELO
MACIS, NORMA J
MAYS, DERRELL
L
MCCAY, DONALD W
MCNEILLY, MICHAEL J
NATALE, RODNEY R
NUNEZ, RAUL D
ORTIZ, GILBERT O
PARR, VERA M
POBIS, LILA
RAMIREZ, MARIE T
REDDICK, SUZANNE
9400
9401
9407
9409
9410
9412
9413
9639
9609
9419
9484
9623
9648
9428
9439
9432
9440
9402
9446
9449
9450
9451
9452
9602
9458
9653
9461
9460
9462
9466
9469
9472
9476
9604
9482
9603
9489
9491
9494
9500
9504
9514
9517
9522
9531
9533
9536
9537
9607
9546
9655
1
Item 02
DATE: 08/31/2015
TIME: 16:07:55
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
273239
273240
273241
273242
273243
273244
273245
273246
273247
273248
273249
273250
273251
273252
273253
273254
273255
273256
V273257
V273258
V273259
V273260
V273261
V273262
V273263
V273264
V273265
V273266
V273267
V273268
V273269
V273270
V273271
V273272
V273273
V273274
V273275
V273276
V273277
V273278
V273279
V273280
V273281
V273282
V273283
V273284
V273285
V273286
V273287
V273288
V273289
V273290
V273291
V273292
V273293
V273294
V273295
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
73.00
4.00
188.00
188.00
4.00
209.00
4.00
188.00
680.00
4.00
38.00
1,336.83
78.00
186.00
78.00
78.00
4.00
298.00
4.00
78.00
38.00
188.00
4.00
78.00
188.00
188.00
38.00
78.00
186.00
73.00
38.00
553.00
50.00
78.00
209.00
188.00
188.00
298.00
78.00
78.00
78.00
188.00
78.00
38.00
4.00
38.00
188.00
4.00
188.00
4.00
188.00
186.00
188.00
188.00
78.00
38.00
4.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
ROBLES, AMPARO M
RUSSELL, LENAETTA D
SCHWENGEL, LLOYD H
SELLS, JOHNNY J
SIGLER, CAROL S.
SLOCKBOWER, CAROLINE M.
SNAVELY, DONALD V
STANLEY, LARRY L
STEPHEN, MARCELINE M.
STEWARD, GREGORY L
TAFOYA, LUPE R
TAYLOR, ROBERT L
TUTHILL, LOREN A
WADELL, VERN J
WHEELER, LEE R
WILLSON, VERNA M
WINNER JR, SAMUEL J
WRIGHT, ALICE C
AGUIRRE, RICHARD
APDUHAN, ALICE F
ASH, KENNETH G
BAGULEY, KENNETH W
BARLOW, WILLIAM A
BEAUBIEN, GREGORY A
BOLES, WANDA L
BORREGARD, MICHAEL D
BRANUM, TERRY W
BROWN, GRACE
CAIN, ALCENE M
CHAPMAN, BRIAN
CIAMPA, LISA K
CISNEROS, RUDY
CLARK, LAURENCE L
CLEMENTS, THOMAS E
COLE, CARL A
COOVERT, KENNETH P.
CORNETT, CHARLOTTE J
COX, BARBARA L
CRISP, BEVERLY
DASCENZI, PHILLIP C
DAVIS, IRVING A
DESOUCY, DOLORES A
DIXON, JAMES S
DOCK, HENRY N
EERNISSE, NOLA M
FLANAGAN, DANIEL M
FONCECA, ARTHUR E
FOWLER, CHARLES
GELLING, ELSIE I
HAINLEY, LAWRENCE
HALL, JOHN A
HAMM, DONNA
HENEIN, NABIL
HESTER, KATHLEEN
HICKEN, GARY C
HORNUNG, EDISON L
HUGGINS, JULAINE
9550
9552
9558
9562
9620
9616
9569
9570
9619
9572
9575
9576
9581
9584
9585
9613
9589
9591
9624
9403
9404
9406
9408
9594
9414
9416
9418
9420
9421
9660
9429
9625
9430
9431
9596
9621
9434
9435
9612
9438
9437
9441
9442
9443
9448
9453
9456
9626
9459
9651
9465
9467
9662
9627
9475
9479
9480
2
Item 02
DATE: 08/31/2015
TIME: 16:07:55
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
V273296
V273297
V273298
V273299
V273300
V273301
V273302
V273303
V273304
V273305
V273306
V273307
V273308
V273309
V273310
V273311
V273312
V273313
V273314
V273315
V273316
V273317
V273318
V273319
V273320
V273321
V273322
V273323
V273324
V273325
V273326
V273327
V273328
V273329
V273330
V273331
V273332
V273333
V273334
V273335
V273336
V273337
V273338
V273339
V273340
V273341
V273342
V273343
V273344
V273345
V273346
V273347
V273348
V273349
V273350
V273351
V273352
78.00
186.00
1,170.00
78.00
186.00
298.00
230.63
188.00
298.00
38.00
50.00
188.00
50.00
38.00
186.00
78.00
188.00
4.00
78.00
188.00
38.00
78.00
298.00
78.00
78.00
50.00
188.00
78.00
188.00
553.00
4.00
188.00
188.00
188.00
188.00
298.00
4.00
78.00
399.18
78.00
4.00
188.00
50.00
188.00
78.00
188.00
4.00
78.00
78.00
188.00
1,028.65
78.00
4.00
78.00
1,075.32
188.00
186.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
ISAACSON, ELIZABETH L
JACKSON, TERESA
JONES, MICHAEL
JONES, SHIRLEY F
JONES, WILLIAM L
KELLY, ANDREA
KERBAUGH, MARILYN
KIRBY, GEORGE T
KIRK, BRET L
KYLE, LESLIE F
LAWSON, CHARLES G
LININGER, RODNEY C
LITCHFIELD, WILLIAM H.
LOCH, CHARLES
LOEHR, LOTHAR
LOWRY, MARILYN
LUCENTI, THOMAS J
MACASPAC, CONNIE
MALOUFF, JOSEPHINE
MANNING, BRUCE W
MARSHALL, PATSY
MARTIN, GLORIA F
MARTINEZ, DAVID
MC MILLEN, RICHARD L
MCALVAIN, CHARLENE A
MEALER, JAMES C
MILLER, JACK R
MILLS, ROBERT D
MONSON, THOMAS
MOTE, ROBERT T
MULLIGAN, CHRISTINE
PENA, RICHARD W
POTTER, BRUCE B
PRESLEY, CHARLES R
PROVOST, JAMES R
QUAM, MICHAEL J.
RADNEY, LEONA E
REIFF, DORIS M
ROGERS, REGINA
ROONEY, MARIAN
RUIZ, LOUIE
SANDERS, DARYL R
SANDOVAL, SANTIAGO
SAVINO, DOMINIC J
SCHALKLE, GLORIA A
SCHOALES, JAMES C
SCHOFIELD, OLIVE
SCHWARTZ, MICHAEL A
SCOTT, CECELIA M
SEEGER, ERVIN
SELLS, ROBIN M.
SHEARN, WYNNETTE
SIORDIA, SYLVIA
SMOCK, GERALD L
SWISHER, JOHN H.
SYLVESTER, DAVID L
THEAL, ALFRED R
9481
9628
9656
9486
9485
9661
9654
9488
9490
9493
9496
9497
9630
9498
9499
9501
9502
9503
9505
9506
9636
9508
9649
9521
9516
9523
9524
9527
9638
9600
9644
9598
9541
9543
9544
9650
9545
9548
9631
9622
9647
9553
9658
9554
9519
9555
9556
9557
9559
9560
9659
9641
9642
9568
9652
9574
9578
3
Item 02
DATE: 08/31/2015
TIME: 16:07:55
PAGE NUMBER:
PAYREP83
CITY OF BUENA PARK
ALL CHECKS
V273353
V273354
V273355
V273356
V273357
V273358
V273359
V273360
V273361
V273362
78.00
186.00
4.00
139.70
848.82
188.00
4.00
188.00
78.00
186.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
PAYRUN TOTAL
CHECK:
175
19,081.13
5,912.00
TOTAL
CHECKS:
19,081.13
5,912.00
175
TILLMANN, ARDITH V
TRUCHON, DORENA
TRUJILLO, DIANA L.
VREDENBURGH, JOHN
WARSINSKI, RICKY J.
WHITLOCK, JOHN F.
WILSON, THOMAS E
WOOFTER, DAVID L
WYMAN, GUADALUPE
ZIMMER, JIMMY H
9579
9611
9632
9657
9645
9633
9588
9590
9592
9593
4
Item 03
AGENDA REPORT TO CITY COUNCIL
MEETING DATE:
September 8, 2015
TO:
The Mayor and City Council
TITLE:
COMMISSION/COMMITTEE APPOINTMENTS AND RESIGNATIONS
1) Confirm the reappointment of Ken McKinney to the
RECOMMENDED ACTION:
Beautification-Environmental Commission for a term that will expire August 8, 2018.
PURPOSE: To appoint commissioners as recommended by Mayor Brown.
DISCUSSION: The City has eight established City commissions and committees which serve
as advisory bodies to the City Council. These commissions and committees facilitate public
input and citizen participation in the determination of City policies. The Mayor, with the approval
of Council, appoints citizens to serve on these commissions and committees. Mayor Brown
recommends the above appointment(s) and/or resignation(s) be ratified by the City Council.
BUDGET IMPACT: There is no budget impact.
Prepared by:
Approved by:
Shalice Tilton, City Clerk
Jim Vanderpool, City Manager
Presented by:
Item 04
MEETING DATE:
September 8, 2015
TO:
TITLE:
RESOLUTION TO JOIN THE NORTH ORANGE COUNTY CITIES
ENERGY PARTNERSHIP (NOCCEP)
RECOMMENDED ACTION: 1) Adopt a Resolution to join the North Orange County Cities
Energy Partnership (NOCCEP).
PURPOSE: To join the partnership and benefit from increased communication with utility
providers as well as access residential and commercial rebates and incentives not offered to
non-partnership cities.
DISCUSSION: The North Orange County Cities Energy Partnership (NOCCEP) is a partnership
of cities in conjunction with Southern California Edison (SCE) and the Southern California Gas
Company (“Gas Company”). The mission of the NOCCEP is to build positive relationships
among cities, energy consumers, and their serving utilities, as well as educate communities
about sustainable and efficient energy practices. The purpose of the NOCCEP is to link cities
with their constituents to promote smart energy management and save energy dollars in
residential, commercial, and municipal sectors. The ultimate goal of the NOCCEP is for cities to
complete energy efficiency projects at municipal facilities and then educate other commercial,
industrial, and residential energy customers to do the same.
The City Council discussed this issue at the August 25, 2015, study session and directed staff to
draft this resolution for formal adoption.
BUDGET IMPACT: There is no immediate budget impact with this action. Any projects that
result from participation in the NOCCEP will be included in future budgets.
Prepared by:
Approved by:
Jim Biery, Director of Public Works
Presented by:
Doug Brodowski, Senior Management Analyst
ATTACHMENTS:
1) Resolution
2) Staff report – August 25
Item 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUENA PARK, CALIFORNIA, DECLARING SUPPORT
FOR
AND
PARTICIPATION
IN
AN
ENERGY
PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA
EDISON COMPANY, SOUTHERN CALIFORNIA GAS
COMPANY, AND THE CITY OF BREA TO BE KNOWN
AS “NORTH ORANGE COUNTY CITIES ENERGY
PARTNERSHIP”
WHEREAS, the City of Buena Park supports “energy efficiency” initiatives, policies, and
construction standards in order to ensure that its communities follow and encourage sustainable
practices; and
WHEREAS, local demand for electricity has grown, and it is expected that demand for
electricity will continue to grow in the near future in order to support a growing population and economy;
and
WHEREAS, as citizens and businesses spend significant amounts for energy, it makes
economic sense and good public policy to encourage energy efficiency in the City of Buena Park; and
WHEREAS, energy efficiency programs enhance the environment by improving air quality,
reducing greenhouse gases and other pollution, and conserving natural resources; and
WHEREAS, it is vital for the community to keep spending locally and to encourage
innovations in the way it behaves, builds, and incorporates energy into everyday business and personal
lives; and
WHEREAS, there is a growing movement within California communities and businesses to
improve everyday practices and create more sustainable and “greener” cities; and
WHEREAS, the communities comprised of the North Orange County Cities Energy
Partnership seek to promote innovative methods and state-of-the-art technologies used in the design
and construction of new residential and commercial buildings within the region, in order to bring energy
and natural resource consumption in line with their sustainability goals; and
WHEREAS, the City of Brea has been identified by the participating partnership jurisdictions
to enter into an agreement with Southern California Edison (SCE) and Southern California Gas (SCG)
on their behalf to represent them and implement the activities of the participating jurisdictions of the
North Orange County Cities Energy Partnership; and
WHEREAS, the North Orange County Cities Energy Partnership brings together the City of
Brea, SCE, SCG and the other member agencies in a cooperative program to promote energy
efficiency, regional sustainability goals, and collaboration; and
WHEREAS, the City Council of the City of Buena Park finds that the City’s goals are
consistent with the programs identified in SCE and SCG’s proposed local government partnership.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Item 04
Page 2
Section 1. That the above recitations are true and correct.
Section 2. That the City of Buena Park supports the mission of the North Orange County
Cities Energy Partnership.
Section 3. That the City of Buena Park supports a commitment to sustainable practices
through energy efficiency, and will provide leadership and guidance in promoting, facilitating, and
instituting such practices in the region.
Section 4. That the City of Buena Park supports and endorses the North Orange County
Cities Energy Partnership as an effective method to help meet long-term regional economic and
environmental goals.
Section 5. That the City of Buena Park will participate in the North Orange County Cities
Energy Partnership in accordance with the agreements relating to the North Orange County Leader
Energy Partnership Program entered between the City of Brea and Southern California Edison
Company and Southern California Gas Company, respectively, and that the City of Buena Park
authorizes the City of Brea to act on its behalf solely in accordance with these agreements and only as
necessary to further the Partnership’s goals and objectives.
Section 6. That the City of Buena Park designates Douglas Brodowski as its “Energy
Champion” and primary contact. Douglas Brodowski shall have the authority to act on behalf of the City
with respect to its participation in the North Orange County Cities Energy Partnership Program.
PASSED AND ADOPTED this 8th day of September, 2015, by the following called vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_________________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Shalice Tilton, City Clerk of the City of Buena Park, California, hereby certify that the
foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City
Council of the City of Buena Park, held this _____ day of ________________ _____.
______________________________________
City Clerk
Item 04
STUDY & EXECUTIVE SESSIONS
STUDY SESSION
EXECUTIVE SESSION
SUMMARY SHEET
MEETING DATE: August 25, 2015
TOPIC: DISCUSSION AND DECISION REGARDING PARTICIPATION IN THE NORTH
ORANGE COUNTY CITIES ENERGY PARTNERSHIP (NOCCEP)
FROM: Doug Brodowski, Senior Management Analyst
EXECUTIVE SESSION: INFORMATION REQUIRED BY THE BROWN ACT:
License Permit Determination 54956.7
Conf w/Legal Counsel-Existing Lit. 54956.9(d)(1)
Liability Claims 54956.95
Worker’ Compensation Claims 54956.95
Public Employee Appointment 54957
Public Employee Performance Evaluation 54957
Conference with Labor Negotiator 54957.6
Case Review/Planning 54957.8
Pursuant to Government Code Section
Applicant:
Property:
Negotiating Parties:
Under Negotiation:
Name of Case:
Title (public employee items):
Employee Organization (labor items):
Subject Matter:
Other:
BACK-UP MATERIAL?
Conference with Real Property Negotiator 54956.8
Conf w/Legal-Anticipated Lit. (exposure to) 54956.9(d)(2)
Conf w/ Legal-Anticipation Lit. (city initiated) 54956.9(d)(4)
Threat to Public Services or Facilities 54957
Public Employment 54957
Public Employee Discipline/Dismissal/Release 54957
Report Involving Trade Secret
Hearings
(example: 54956.8, 54957.6)
YES
REQUESTED OF COUNCIL/AGENCY BOARD:
Receive report and provide direction.
Rev. 08/2013
NO
IN C.C. CONF. ROOM
Item 04
STUDY SESSION
MEETING DATE:
August 25, 2015
TO:
TITLE:
DISCUSSION AND DECISION REGARDING PARTICIPATION IN THE
NORTH ORANGE COUNTY CITIES ENERGY PARTNERSHIP (NOCCEP)
DISCUSSION: The North Orange County Cities Energy Partnership (NOCCEP) is a partnership
of cities in conjunction with Southern California Edison (SCE) and the Southern California Gas
Company (“Gas Company”). The mission of the NOCCEP is to build positive relationships
among cities, energy consumers, and their serving utilities, as well as educate communities
about sustainable and efficient energy practices. The purpose of the NOCCEP is to link cities
with their constituents to promote smart energy management and save energy dollars in
residential, commercial, and municipal sectors.
The City of Brea is the lead agency in this effort. Brea has entered into an agreement with SCE
and the Gas Company to implement the NOCCEP. If Buena Park determines to participate in
this effort we will adopt a Resolution to participate with Brea in the NOCCP. The utility
companies are responsible for providing a team of resources to ensure NOCCEP success.
Additionally, the utility companies reward and motivate NOCCEP member cities to achieve more
energy efficiency by offering larger rebates and incentives than those which are available to
non-partnership cities. The Partnership will focus on achieving energy savings and behavioral
changes in the residential, commercial, and municipal sectors.
Some examples of benefits Brea has realized through energy partnerships include:
• Over 30% of municipal energy savings over Brea’s 2006 kWh baseline
• Distribution of over 5,300 compact fluorescent light (CFL) bulbs to Brea residents free of
charge
• Completion of approximately 1,000 "Residential Tune-ups" in single-family homes,
apartments and mobile homes
• Distribution of up to $200 in energy-efficient products per household provided at no
charge to Brea residents (weather stripping, CFLs, faucet aerators, low-flow
showerheads, set-back thermostats, table fans, etc.)
• Completion of approximately 200 "Small Business Tune-ups" that included $500 to
$1,000 in energy-efficient products per business at no cost to the business owners
(installation of CFLs, replacement of T-12 lights with T-8 lights (smaller diameter bulb),
replacement of incandescent exit signs with LED exit signs, installation of occupancy
sensors, etc.)
• Receipt of technical assistance with preliminary calculations of potential energy savings
for new projects being explored by the City
• Installation of energy-efficient lighting and fixtures
• Receipt of approximately $11,000 towards energy-efficient lighting controls in parking
structures
• Assistance with the development of an Energy Action Plan
Item 04
Page 2
Meeting Date:
Subject:
August 25, 2015
CONSIDERATION TO PARTICIPATE IN NORTH ORANGE COUNTY
CITIES ENERGY PARTNERSHIP
The other participants in the NOCCEP include the cities of La Habra, La Palma, Orange,
Placentia, and Yorba Linda. Participation in the NOCCEP will require some staff time each
month to attend meetings and to conduct research regarding energy efficiency projects. The
ultimate goal of the NOCCEP is for cities to complete projects at municipal facilities and then to
play a role in educating other commercial, industrial, and residential energy customers to do the
same.
Prepared by:
Approved by:
Presented by:
Doug Brodowski, Senior Management Analyst
Item 05
MEETING DATE:
September 8, 2015
TO:
TITLE:
FULL RELEASE AND ASSIGNMENT OF CLAIM WITH FIDELITY
AND DEPOSIT COMPANY OF MARYLAND RELATING TO
DISHONEST ACTS OF PUBLIC EMPLOYEES FORMERLY WITH
THE COMMUNITY SERVICES DEPARTMENT – PARKS
DIVISION
RECOMMENDED ACTION: 1) Approve the Full Release and Assignment of Claim with Fidelity
and Deposit Company of Maryland relating to dishonest acts of public employees formerly with
the Community Services Department, Parks Division, and settlement amount of $343,156.25 to
be paid to the City of Buena Park; and 2) Authorize the City Manager and City Clerk to execute
the document.
PURPOSE: To recover losses relating to dishonest acts of former Parks Division employees.
DISCUSSION: On November 14, 2013, the City submitted to its insurer, Fidelity and Deposit
Company, a proof of loss in the sum of $822,622.67 due to employee theft by former employees
of the Parks Division. On April 10, 2014, the City received partial settlement from Fidelity and
Deposit Company in the amount of $797,622.67 related to the same proof of loss. On
April 22, 2014, the City also received $20,000 from the Hartford Fire Insurance Company
related to the same proof of loss. On June 30, 2015, the City submitted an additional loss claim
in the amount of $343,156.25 related to added evidence of further dishonest acts of those
former employees. Fidelity and Deposit Company completed its review of the claim and
submitted the full release and settlement of all related claims. If the City Council approves this
settlement, this will be the final insurance payment related to the dishonest acts of those former
employees of the City.
BUDGET IMPACT: Payment in the amount of $343,156.25 will go to the General Fund to
recoup the losses covered under the insurance policy.
Prepared by:
Approved by:
Eddie Fenton, Director of Human Resources and Risk Management
Presented by:
Eddie Fenton, Director of Human Resources and Risk Management
ATTACHMENT:
1) Full Release and Assignment
Item 05
Item 06
MEETING DATE:
September 8, 2015
TO:
TITLE:
AGREEMENT WITH THE FULLERTON JOINT UNION HIGH
SCHOOL DISTRICT (FJUHSD) FOR SCHOOL RESOURCE
OFFICER SERVICES AT BUENA PARK HIGH SCHOOL (BPHS)
FOR THE 2015/16 SCHOOL YEAR
RECOMMENDED ACTION: 1) Approve the agreement with the Fullerton Joint Union High
School District for school resources officer; and 2) Authorize the City Manager to execute the
agreement.
PURPOSE: To renew the agreement with FJUHSD for school resource officer services at
Buena Park High School. The City is reimbursed by FJUHSD for these services.
DISCUSSION: Since 1991, the Buena Park Police Department has provided specially-trained
school resource officers dedicated to supporting Buena Park High School (BPHS). Police
officers selected for this assignment receive specialized training, which enables them to
effectively perform their duties and successfully deal with juveniles. The school resource officers
also acts as liaisons with other law enforcement or governmental agencies that come to BPHS.
School resource officers mentor and counsel students, provide consultation to school staff, and
ensure the safety of all personnel on campus. This interaction has an immeasurable impact on
these teenagers during their high school experience. School resource officers also cooperatively
work with school administration to resolve campus incidents, provide supervision at afternoon
activities, visit classrooms to discuss juvenile and law enforcement issues, and ensure that
unauthorized visitors are kept off school grounds. School resource officers may also be called
upon to assist at after-school events, such as PTA meetings, Back-to-School Nights, Open
House, sporting events, dances, prom or other school-sponsored activities. The school resource
officer assigned at the school relieves patrol officers from responding to calls for service at the
high school. During the summer months and non-student days, the school resource officer is
assigned to work regular patrol.
This agreement is renewed annually and commences prior to the start of each school year.
BUDGET IMPACT: Funds in the amount of $97,833 for this program are allocated in the FY
2015-2016 budget; Account Number 11-3538-650406. FJUHSD reimburses the City in full for
these services.
Prepared by:
Approved by:
Corey S. Sianez, Police Chief
Presented by:
Chris Nunez, Police Sergeant
ATTACHMENT:
1) Agreement
Item 06
Item 06
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Item 07
MEETING DATE:
September 8, 2015
TO:
TITLE:
AGREEMENT WITH ORANGE COUNTY HEALTH CARE AGENCY
(OCHCA) FOR PROVISION OF POINT OF DISPENSING (POD) SITE
EQUIPMENT SERVICES FOR YEARS 2014 TO 2020
RECOMMENDED ACTION: 1) Approve an agreement with the Orange County Health Care
Agency (“OCHCA”) to provide Point of Dispensing (“POD”) site equipment services for the
Buena Park Community Center and the Ehlers Event Center; and 2) Authorize the City
Manager and City Clerk to execute the agreement.
PURPOSE: To renew an agreement with the County to store emergency-related equipment at
Ehlers Event Center and the Buena Park Community Center.
DISCUSSION: On January 14, 2014, the City Council approved a contract with OCHCA to
establish POD sites at the Buena Park Community Center and the Ehlers Event Center. The
City’s Emergency Services Coordinator completed and submitted these plans to the OCHCA by
the contractual delivery date of June 15, 2014.
On July 22, 2014, the City Council approved a contract with the OCHCA for the City to accept,
on loan from the OCHCA, two rolling containers of materials needed to set up and operate the
POD sites at the Ehlers Event Center and the Buena Park Community Center. These
containers have been in place since September 2014.
The proposed agreement is effective through the end of June 2020 and continues the current
POD equipment storage (Attachment 1). The basic contract is largely the same as those
previously approved by the City Council. The list of equipment is presented on the last two
pages of the contract. This equipment (mostly signs, easels, and minor administrative supplies)
will continue to be stored at the Ehlers Event Center and the Buena Park Community Center. It
is the City’s responsibility to maintain this equipment in usable order for as long as the City
plans to operate POD sites.
BUDGET IMPACT: There is no budgetary impact with the execution of this agreement.
Prepared by:
Approved by:
Corey S. Sianez, Police Chief
Presented by:
Lance Charnes, Emergency Services Coordinator
ATTACHMENTS:
1) OCHCA POD Equipment Services Agreement
2) Staff report January 14, 2014
ATTACHMENT
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AGREEMENT FOR PROVISION OF
POINT OF DISPENSING SITE EQUIPMENT SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF BUENA PARK
JULY 1, 2015 THROUGH JUNE 30, 2020
THIS AGREEMENT entered into this 1st day of July 2015, which date is enumerated for purposes
of reference only, is by and between the COUNTY OF ORANGE (COUNTY) and CITY OF BUENA
PARK, a local government agency (CONTRACTOR). This Agreement shall be administered by the
County of Orange Health Care Agency (ADMINISTRATOR).
W I T N E S S E T H:
WHEREAS, COUNTY wishes to contract with CONTRACTOR for the provision of Point of
Dispensing Site Equipment Services described herein to the residents of Orange County; and
WHEREAS, CONTRACTOR is agreeable to the rendering of such services on the terms and
conditions hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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CONTENTS
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
XXII.
XXIII.
XXIV.
I.
II.
PARAGRAPH
PAGE
Title Page.................................................................................................................................. 1
Contents .................................................................................................................................... 2
Referenced Contract Provisions .............................................................................................. 3
Acronyms ................................................................................................................................. 4
Alteration of Terms .................................................................................................................. 5
Compliance .............................................................................................................................. 5
Confidentiality.......................................................................................................................... 8
Delegation, Assignment and Subcontracts .............................................................................. 8
Employee Eligibility Verification ........................................................................................... 10
Facilities, Payments and Services ............................................................................................ 10
Indemnification and Insurance ................................................................................................ 10
Inspections and Audits ............................................................................................................. 14
Licenses and Laws ................................................................................................................... 15
Literature, Advertisements, and Social Media ........................................................................ 16
Maximum Obligation ............................................................................................................... 16
Nondiscrimination.................................................................................................................... 17
Notices ...................................................................................................................................... 19
Notification Of Public Events And Meetings ......................................................................... 19
Records Management and Maintenance ................................................................................. 19
Research and Publication ......................................................................................................... 20
Right to Work and Minimum Wage Laws .............................................................................. 20
Severability............................................................................................................................... 21
Status of Contractor ................................................................................................................. 21
Term ......................................................................................................................................... 21
Termination .............................................................................................................................. 22
Third Party Beneficiary ........................................................................................................... 23
Waiver of Default or Breach.................................................................................................... 24
Signature Page ......................................................................................................................... 25
CONTENTS
EXHIBIT A
PAGE
Definitions ................................................................................................................................ 1
Services .................................................................................................................................... 1
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X:\CONTRACTS - 2015 -\2015-2020\MS\POD-EQUIPMENT MASTER 15-20 BG.DOCX
CITY OF BUENA PARK
CBP03MAPOD03MIKK20
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REFERENCED CONTRACT PROVISIONS
Term: July 1, 2015 through June 30, 2016
Maximum Obligation:
$0
Notices to COUNTY and CONTRACTOR:
COUNTY:
County of Orange
Health Care Agency
Contract Services
405 West 5th Street, Suite 600
Santa Ana, CA 92701-4637
County of Orange
Health Care Agency
Program Manager
Health Disaster Management Division
405 West 5th Street, Suite 310
Santa Ana, CA 92701
CONTRACTOR: City of Buena Park
Lance Charnes
6640 Beach Blvd
Buena Park, CA 90622
[email protected]
714-562-3960
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I. ACRONYMS
The following standard definitions are for reference purposes only and may or may not apply in their
entirety throughout this Agreement:
A. ARRA
American Recovery and Reinvestment Act
B. ASRS
Alcohol and Drug Programs Reporting System
C. CCC
California Civil Code
D. CCR
California Code of Regulations
E. CEO
County Executive Office
F. CFR
Code of Federal Regulations
G. CHPP
COUNTY HIPAA Policies and Procedures
H. CHS
Correctional Health Services
I. COI
Certificate of Insurance
J. D/MC
Drug/Medi-Cal
Department of Health Care Services
K. DHCS
L. DPFS
Drug Program Fiscal Systems
M. DRS
Designated Record Set
N. ePHI
Electronic Protected Health Information
O. GAAP
Generally Accepted Accounting Principles
P. HCA
Health Care Agency
Q. HHS
Health and Human Services
R. HIPAA
Health Insurance Portability and Accountability Act of 1996, Public
Law 104-191
S. HSC
California Health and Safety Code
T. ISO
Insurance Services Office
U. MHP
Mental Health Plan
V. OCJS
Orange County Jail System
W. OCPD
Orange County Probation Department
X. OCR
Office for Civil Rights
Y. OCSD
Orange County Sheriff’s Department
Z. OIG
Office of Inspector General
AA. OMB
Office of Management and Budget
AB. OPM
Federal Office of Personnel Management
AC. PA DSS
Payment Application Data Security Standard
AD. PC
State of California Penal Code
AE. PCI DSS
Payment Card Industry Data Security Standard
AF. PHI
Protected Health Information
AG. PII
Personally Identifiable Information
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AH. PRA
AI. SIR
AJ. The HITECH Act
AK. USC
AL. WIC
Public Record Act
Self-Insured Retention
The Health Information Technology for Economic and Clinical Health
Act, Public Law 111-005
United States Code
State of California Welfare and Institutions Code
II. ALTERATION OF TERMS
A. This Agreement, together with Exhibit A attached hereto and incorporated herein, fully
expresses the complete understanding of COUNTY and CONTRACTOR with respect to the subject
matter of this Agreement.
B. Unless otherwise expressly stated in this Agreement, no addition to, or alteration of the terms of
this Agreement or any Exhibits, whether written or verbal, made by the parties, their officers, employees
or agents shall be valid unless made in the form of a written amendment to this Agreement, which has
been formally approved and executed by both parties.
III. COMPLIANCE
A. ADMINISTRATOR has established a Compliance Program for the purpose of ensuring
adherence to all rules and regulations related to federal and state health care programs.
1. ADMINISTRATOR shall provide CONTRACTOR with a copy of the relevant HCA
policies and procedures relating to HCA’s Compliance Program, HCA’s Code of Conduct and General
Compliance Trainings.
2. CONTRACTOR has the option to adhere to HCA’s Compliance Program and Code of
Conduct or establish its own, provided CONTRACTOR’s Compliance Program and Code of Conduct
have been verified to include all required elements by ADMINISTRATOR’s Compliance Officer as
described in subparagraphs below.
3. If CONTRACTOR elects to adhere to HCA’s Compliance Program and Code of Conduct;
the CONTRACTOR shall submit to the ADMINISTRATOR within thirty (30) calendar days of award
of this Agreement a signed acknowledgement that CONTRACTOR shall comply with HCA’s
Compliance Program and Code of Conduct.
4. If CONTRACTOR elects to have its own Compliance Program and Code of Conduct then it
shall submit a copy of its Compliance Program, Code of Conduct and relevant policies and procedures
to ADMINISTRATOR within thirty (30) calendar days of award of this Agreement.
ADMINISTRATOR’s Compliance Officer shall determine if CONTRACTOR Compliance Program
and Code of Conduct contains all required elements. CONTRACTOR shall take necessary action to
meet said standards or shall be asked to acknowledge and agree to the HCA’s Compliance Program and
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Code of Conduct if the CONTRACTOR’s Compliance Program and Code of Conduct does not contain
all required elements.
5. Upon written confirmation from ADMINISTRATOR’s Compliance Officer that the
CONTRACTOR Compliance Program and Code of Conduct contains all required elements,
CONTRACTOR shall ensure that all Covered Individuals relative to this Agreement are made aware of
CONTRACTOR’s Compliance Program, Code of Conduct and related policies and procedures.
6. Failure of CONTRACTOR to submit its Compliance Program, Code of Conduct and
relevant policies and procedures shall constitute a material breach of this Agreement. Failure to cure
such breach within sixty (60) calendar days of such notice from ADMINISTRATOR shall constitute
grounds for termination of this Agreement as to the non-complying party.
B. SANCTION SCREENING – CONTRACTOR shall adhere to all screening policies and
procedures and screen all Covered Individuals employed or retained to provide services related to this
Agreement to ensure that they are not designated as Ineligible Persons, as pursuant to this Agreement.
Screening shall be conducted against the General Services Administration's Excluded Parties List
System or System for Award Management, the Health and Human Services/Office of Inspector General
List of Excluded Individuals/Entities, and the California Medi-Cal Suspended and Ineligible Provider
List and/or any other as identified by the ADMINISTRATOR.
1. Covered Individuals includes all contractors, subcontractors, agents, and other persons who
provide health care items or services or who perform billing or coding functions on behalf of
ADMINISTRATOR. Notwithstanding the above, this term does not include part-time or per-diem
employees, contractors, subcontractors, agents, and other persons who are not reasonably expected to
work more than one hundred sixty (160) hours per year; except that any such individuals shall become
Covered Individuals at the point when they work more than one hundred sixty (160) hours during the
calendar year. CONTRACTOR shall ensure that all Covered Individuals relative to this Agreement are
made aware of ADMINISTRATOR’s Compliance Program, Code of Conduct and related policies and
procedures.
2. An Ineligible Person shall be any individual or entity who:
a. is currently excluded, suspended, debarred or otherwise ineligible to participate in
federal and state health care programs; or
b. has been convicted of a criminal offense related to the provision of health care items or
services and has not been reinstated in the federal and state health care programs after a period of
exclusion, suspension, debarment, or ineligibility.
3. CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement.
CONTRACTOR shall not hire or engage any Ineligible Person to provide services relative to this
Agreement.
4. CONTRACTOR shall screen all current Covered Individuals and subcontractors semiannually to ensure that they have not become Ineligible Persons. CONTRACTOR shall also request that
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its subcontractors use their best efforts to verify that they are eligible to participate in all federal and
State of California health programs and have not been excluded or debarred from participation in any
federal or state health care programs, and to further represent to CONTRACTOR that they do not have
any Ineligible Person in their employ or under contract.
5. Covered Individuals shall be required to disclose to CONTRACTOR immediately any
debarment, exclusion or other event that makes the Covered Individual an Ineligible Person.
CONTRACTOR shall notify ADMINISTRATOR immediately if a Covered Individual providing
services directly relative to this Agreement becomes debarred, excluded or otherwise becomes an
Ineligible Person.
6. CONTRACTOR acknowledges that Ineligible Persons are precluded from providing
federal and state funded health care services by contract with COUNTY in the event that they are
currently sanctioned or excluded by a federal or state law enforcement regulatory or licensing agency.
If CONTRACTOR becomes aware that a Covered Individual has become an Ineligible Person,
CONTRACTOR shall remove such individual from responsibility for, or involvement with, COUNTY
business operations related to this Agreement.
7. CONTRACTOR shall notify ADMINISTRATOR immediately if a Covered Individual or
entity is currently excluded, suspended or debarred, or is identified as such after being sanction
screened. Such individual or entity shall be immediately removed from participating in any activity
associated with this Agreement. ADMINISTRATOR will determine appropriate repayment from, or
sanction(s) to CONTRACTOR for services provided by ineligible person or individual.
CONTRACTOR shall promptly return any overpayments within forty-five (45) business days after the
overpayment is verified by the ADMINISTRATOR.
C. COMPLIANCE TRAINING – ADMINISTRATOR shall make General Compliance Training
and Provider Compliance Training, where appropriate, available to Covered Individuals.
1. CONTRACTOR shall use its best efforts to encourage completion by Covered Individuals;
provided, however, that at a minimum CONTRACTOR shall assign at least one (1) designated
representative to complete all Compliance Trainings when offered.
2. Such training will be made available to Covered Individuals within thirty (30) calendar
days of employment or engagement.
3. Such training will be made available to each Covered Individual annually.
4. Each Covered Individual attending training shall certify, in writing, attendance at
compliance training. CONTRACTOR shall retain the certifications. Upon written request by
ADMINISTRATOR, CONTRACTOR shall provide copies of the certifications.
D. MEDICAL BILLING, CODING, AND DOCUMENTATION COMPLIANCE STANDARDS
1. CONTRACTOR shall take reasonable precaution to ensure that the coding of health care
claims, billings and/or invoices for same are prepared and submitted in an accurate and timely manner
and are consistent with federal, state and county laws and regulations.
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2. CONTRACTOR shall not submit any false, fraudulent, inaccurate and/or fictitious claims
for payment or reimbursement of any kind.
3. CONTRACTOR shall bill only for those eligible services actually rendered which are also
fully documented. When such services are coded, CONTRACTOR shall use accurate billing codes
which accurately describes the services provided and must ensure compliance with all billing and
documentation requirements.
4. CONTRACTOR shall act promptly to investigate and correct any problems or errors in
coding of claims and billing, if and when, any such problems or errors are identified.
5. CONTRACTOR shall promptly return any overpayments within forty-five (45) business
days after the overpayment is verified by the ADMINISTRATOR.
IV. CONFIDENTIALITY
A. CONTRACTOR shall maintain the confidentiality of all records, including billings and any
audio and/or video recordings, in accordance with all applicable federal, state and county codes and
regulations, as they now exist or may hereafter be amended or changed.
B. Prior to providing any services pursuant to this Agreement, all members of the Board of
Directors or its designee or authorized agent, employees, consultants, subcontractors, volunteers and
interns of the CONTRACTOR shall agree, in writing, with CONTRACTOR to maintain the
confidentiality of any and all information and records which may be obtained in the course of providing
such services. This Agreement shall specify that it is effective irrespective of all subsequent
resignations or terminations of CONTRACTOR members of the Board of Directors or its designee or
authorized agent, employees, consultants, subcontractors, volunteers and interns.
C. If CONTRACTOR is a public institution, COUNTY understands and agrees the
CONTRACTOR is subject to the provisions of the California Public Records Act. In the event
CONTRACTOR receives a request to produce this Agreement , or identify any term, condition, or
aspect of this Agreement, CONTRACTOR shall notify COUNTY no less than three (3) business days
prior to releasing such information.
V. DELEGATION, ASSIGNMENT AND SUBCONTRACTS
A. CONTRACTOR may not delegate the obligations hereunder, either in whole or in part, without
prior written consent of COUNTY.
CONTRACTOR shall provide written notification of
CONTRACTOR’s intent to delegate the obligations hereunder, either in whole or part, to
ADMINISTRATOR not less than sixty (60) calendar days prior to the effective date of the delegation.
Any attempted assignment or delegation in derogation of this paragraph shall be void.
B. CONTRACTOR may not assign the rights hereunder, either in whole or in part, without the
prior written consent of COUNTY.
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1. If CONTRACTOR is a nonprofit organization, any change from a nonprofit corporation to
any other corporate structure of CONTRACTOR, including a change in more than fifty percent (50%)
of the composition of the Board of Directors within a two (2) month period of time, shall be deemed an
assignment for purposes of this paragraph, unless CONTRACTOR is transitioning from a community
clinic/health center to a Federally Qualified Health Center and has been so designated by the Federal
Government. Any attempted assignment or delegation in derogation of this subparagraph shall be void.
2. If CONTRACTOR is a for-profit organization, any change in the business structure,
including but not limited to, the sale or transfer of more than ten percent (10%) of the assets or stocks of
CONTRACTOR, change to another corporate structure, including a change to a sole proprietorship, or a
change in fifty percent (50%) or more of Board of Directors of CONTRACTOR at one time shall be
deemed an assignment pursuant to this paragraph. Any attempted assignment or delegation in
derogation of this subparagraph shall be void.
3. If CONTRACTOR is a governmental organization, any change to another structure,
including a change in more than fifty percent (50%) of the composition of its governing body (i.e. Board
of Supervisors, City Council, School Board) within a two (2) month period of time, shall be deemed an
assignment for purposes of this paragraph. Any attempted assignment or delegation in derogation of
this subparagraph shall be void.
4. Whether CONTRACTOR is a nonprofit, for-profit, or a governmental organization,
CONTRACTOR shall provide written notification of CONTRACTOR’s intent to assign the obligations
hereunder, either in whole or part, to ADMINISTRATOR not less than sixty (60) calendar days prior to
the effective date of the assignment.
5. Whether CONTRACTOR is a nonprofit, for-profit, or a governmental organization,
CONTRACTOR shall provide written notification within thirty (30) calendar days to
ADMINISTRATOR when there is change of less than fifty percent (50%) of Board of Directors of
CONTRACTOR at one time.
C. CONTRACTOR’s obligations undertaken pursuant to this Agreement may be carried out by
means of subcontracts, provided such subcontracts are approved in advance, in writing by
ADMINISTRATOR, meet the requirements of this Agreement as they relate to the service or activity
under subcontract, and include any provisions that ADMINISTRATOR may require.
1. After approval of a subcontract, ADMINISTRATOR may revoke the approval of a
subcontract upon five (5) calendar days written notice to CONTRACTOR if the subcontract
subsequently fails to meet the requirements of this Agreement or any provisions that
ADMINISTRATOR has required.
2. No subcontract shall terminate or alter the responsibilities of CONTRACTOR to COUNTY
pursuant to this Agreement.
3. ADMINISTRATOR may disallow, from payments otherwise due CONTRACTOR,
amounts claimed for subcontracts not approved in accordance with this paragraph.
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4. This provision shall not be applicable to service agreements usually and customarily
entered into by CONTRACTOR to obtain or arrange for supplies, technical support, and professional
services provided by consultants.
VI. EMPLOYEE ELIGIBILITY VERIFICATION
CONTRACTOR warrants that it shall fully comply with all federal and state statutes and
regulations regarding the employment of aliens and others and to ensure that employees, subcontractors,
and consultants performing work under this Agreement meet the citizenship or alien status requirement
set forth in federal statutes and regulations. CONTRACTOR shall obtain, from all employees,
subcontractors, and consultants 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 USC §1324 et seq., as they currently
exist and as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all
covered employees, subcontractors, and consultants for the period prescribed by the law.
VII. FACILITIES, PAYMENTS AND SERVICES
CONTRACTOR agrees to provide the services, staffing, facilities, and supplies in accordance with
Exhibit A to this Agreement. COUNTY shall compensate, and authorize, when applicable, said
services. CONTRACTOR shall operate continuously throughout the term of this Agreement with at
least the minimum number and type of staff which meet applicable federal and state requirements, and
which are necessary for the provision of the services hereunder.
VIII. INDEMNIFICATION AND INSURANCE
A. CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY,
and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special
districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board
(COUNTY INDEMNITEES) harmless from any claims, demands or liability of any kind or nature,
including but not limited to personal injury or property damage, arising from or related to the services,
products or other performance provided by CONTRACTOR pursuant to this Agreement. If judgment is
entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the
concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and
COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request
a jury apportionment.
B. COUNTY agrees to indemnify, defend and hold CONTRACTOR, its officers, employees,
and/or agents harmless from any claims, demands, or liability of any kind or nature, including but not
limited to personal injury or property damage, arising from or related to the services, products or other
performance provided by COUNTY pursuant to this Agreement. If judgment is entered against
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COUNTY and CONTRACTOR by a court of competent jurisdiction because of the concurrent active
negligence of CONTRACTOR, COUNTY and CONTRACTOR agree that liability will be apportioned
as determined by the court. Neither party shall request a jury apportionment.
C. Each party agrees to provide the indemnifying party with written notification of any claim
related to services provided by either party pursuant to this Agreement within thirty (30) calendar days
of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation,
each party shall cooperate with the indemnifying party in its defense.
D. Prior to the provision of services under this contract, CONTRACTOR agrees to purchase all
required insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary
to satisfy the County that the insurance provisions of this contract have been complied with.
CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance, and endorsements
on deposit with the COUNTY during the entire term of this contract. In addition, all subcontractors
performing work on behalf of CONTRACTOR pursuant to this contract shall obtain insurance subject to
the same terms and conditions as set forth herein for CONTRACTOR.
E. Contractor shall ensure that all subcontractors performing work on behalf of CONTRACTOR
pursuant to this agreement shall be covered under Contractor’s insurance as an Additional Insured or
maintain insurance subject to the same terms and conditions as set forth herein for CONTRACTOR.
CONTRACTOR shall not allow subcontractors to work if subcontractors have less than the level of
coverage required by COUNTY from CONTRACTOR under this agreement. It is the obligation of
CONTRACTOR to provide notice of the insurance requirements to every subcontractor and to receive
proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be
maintained by Contractor through the entirety of this agreement for inspection by COUNTY
representative(s) at any reasonable time.
F. All self-insured retentions (SIRs) and deductibles shall be clearly stated on the Certificate of
Insurance. If no SIRs or deductibles apply, indicate this on the Certificate of Insurance with a zero (0)
by the appropriate line of coverage.
G. If the Contractor fails to maintain insurance acceptable to COUNTY for the full term of this
contract, COUNTY may terminate this contract.
H. QUALIFIED INSURER
1. The policy or policies of insurance must be issued by an insurer with a minimum rating of
A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current
edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred,
but not mandatory, that the insurer be licensed to do business in the state of California (California
Admitted Carrier).
2. If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of
Risk Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
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3. The policy or policies of insurance maintained by CONTRACTOR shall provide the
minimum limits and coverage as set forth below:
Coverage
Minimum Limits
Commercial General Liability
$1,000,000 per occurrence
$2,000,000 aggregate
Automobile Liability including coverage
for owned, non-owned and hired vehicles
Workers' Compensation
Statutory
Employers' Liability Insurance
I.
REQUIRED COVERAGE FORMS
1. The Commercial General Liability coverage shall be written on Insurance Services Office
(ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.
2. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05,
CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.
J. REQUIRED ENDORSEMENTS – The Commercial General Liability policy shall contain the
following endorsements, which shall accompany the Certificate of Insurance:
1. An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least
as broad naming the County of Orange its elected and appointed officials, officers, agents and
employees as Additional Insureds.
2. A primary non-contributing endorsement evidencing that the Contractor’s insurance is
primary and any insurance or self-insurance maintained by the County of Orange shall be excess and
non-contributing.
K. The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving
all rights of subrogation against the County of Orange, its elected and appointed officials, officers,
agents and employees.
L. All insurance policies required by this contract shall waive all rights of subrogation against the
County of Orange, its elected and appointed officials, officers, agents and employees when acting within
the scope of their appointment or employment.
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M. CONTRACTOR shall notify COUNTY in writing within thirty (30) days of any policy
cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation
notice to COUNTY. Failure to provide written notice of cancellation may constitute a material breach
of the contract, upon which the County may suspend or terminate this contract.
N. The Commercial General Liability policy shall contain a severability of interests clause also
known as a “separation of insureds” clause (standard in the ISO CG 0001 policy).
O. Insurance certificates should be forwarded to the agency/department address listed on the
solicitation.
P. If CONTRATOR fails to provide the insurance certificates and endorsements within seven (7)
days of notification by CEO/Purchasing or the agency/department purchasing division, award may be
made to the next qualified vendor.
Q. County expressly retains the right to require CONTRACTOR to increase or decrease insurance
of any of the above insurance types throughout the term of this contract. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect
COUNTY.
R. COUNTY shall notify CONTRACTOR in writing of changes in the insurance requirements. If
CONTRACTOR does not deposit copies of acceptable Certificates of Insurance and endorsements with
COUNTY incorporating such changes within thirty (30) days of receipt of such notice, this contract may
be in breach without further notice to CONTRACTOR, and COUNTY shall be entitled to all legal
remedies.
S. The procuring of such required policy or policies of insurance shall not be construed to limit
CONTRACTOR's liability hereunder nor to fulfill the indemnification provisions and requirements of
this contract, nor act in any way to reduce the policy coverage and limits available from the insurer.
T. SUBMISSION OF INSURANCE DOCUMENTS
1. The COI and endorsements shall be provided to COUNTY as follows:
a. Prior to the start date of this Agreement.
b. No later than the expiration date for each policy.
c. Within thirty (30) calendar days upon receipt of written notice by COUNTY regarding
changes to any of the insurance types as set forth in Subparagraph F. of this Agreement.
2. The COI and endorsements shall be provided to the COUNTY at the address as referenced
in the Referenced Contract Provisions of this Agreement.
3. If CONTRACTOR fails to submit the COI and endorsements that meet the insurance
provisions stipulated in this Agreement by the above specified due dates, ADMINISTRATOR shall
have sole discretion to impose one or both of the following:
//
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a. ADMINISTRATOR may withhold or delay any or all payments due CONTRACTOR
pursuant to any and all Agreements between COUNTY and CONTRACTOR until such time that the
required COI and endorsements that meet the insurance provisions stipulated in this Agreement are
submitted to ADMINISTRATOR.
b. CONTRACTOR may be assessed a penalty of one hundred dollars ($100) for each late
COI or endorsement for each business day, pursuant to any and all Agreements between COUNTY and
CONTRACTOR, until such time that the required COI and endorsements that meet the insurance
provisions stipulated in this Agreement are submitted to ADMINISTRATOR.
c. If CONTRACTOR is assessed a late penalty, the amount shall be deducted from
CONTRACTOR’s monthly invoice.
4. In no cases shall assurances by CONTRACTOR, its employees, agents, including any
insurance agent, be construed as adequate evidence of insurance. COUNTY will only accept valid
COI’s and endorsements, or in the interim, an insurance binder as adequate evidence of insurance.
IX. INSPECTIONS AND AUDITS
A. ADMINISTRATOR, any authorized representative of COUNTY, any authorized representative
of the State of California, the Secretary of the United States Department of Health and Human Services,
the Comptroller General of the United States, or any other of their authorized representatives, shall have
access to any books, documents, and records, including but not limited to, financial statements, general
ledgers, relevant accounting systems, medical and client records, of CONTRACTOR that are directly
pertinent to this Agreement, for the purpose of responding to a beneficiary complaint or conducting an
audit, review, evaluation, or examination, or making transcripts during the periods of retention set forth
in the Records Management and Maintenance Paragraph of this Agreement. Such persons may at all
reasonable times inspect or otherwise evaluate the services provided pursuant to this Agreement, and the
premises in which they are provided.
B. CONTRACTOR shall actively participate and cooperate with any person specified in
Subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this
Agreement, and shall provide the above–mentioned persons adequate office space to conduct such
evaluation or monitoring.
C. CONTRACTOR shall not be subject to disallowances as the result of audits of the cost of
services.
D. AUDIT RESPONSE
1. Following an audit report, in the event of non–compliance with applicable laws and
regulations governing funds provided through this Agreement, COUNTY may terminate this Agreement
as provided for in the Termination Paragraph or direct CONTRACTOR to immediately implement
appropriate corrective action. A plan of corrective action shall be submitted to ADMINISTRATOR in
writing within thirty (30) calendar days after receiving notice from ADMINISTRATOR.
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2. If the audit reveals that money is payable from one party to the other, that is, reimbursement
by CONTRACTOR to COUNTY, or payment of sums due from COUNTY to CONTRACTOR, said
funds shall be due and payable from one party to the other within sixty (60) calendar days of receipt of
the audit results. If reimbursement is due from CONTRACTOR to COUNTY, and such reimbursement
is not received within said sixty (60) calendar days, COUNTY may, in addition to any other remedies
provided by law, reduce any amount owed CONTRACTOR by an amount not to exceed the
reimbursement due COUNTY.
E. CONTRACTOR shall forward to ADMINISTRATOR a copy of any audit report within
fourteen (14) calendar days of receipt. Such audit shall include, but not be limited to, management,
financial, programmatic or any other type of audit of CONTRACTOR’s operations, whether or not the
cost of such operation or audit is reimbursed in whole or in part through this Agreement.
X. LICENSES AND LAWS
A. CONTRACTOR, its officers, agents, employees, affiliates, and subcontractors shall, throughout
the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates,
accreditations, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws, regulations and requirements of the United States, the State of California,
COUNTY, and all other applicable governmental agencies. CONTRACTOR shall notify
ADMINISTRATOR immediately and in writing of its inability to obtain or maintain, irrespective of the
pendency of any hearings or appeals, permits, licenses, approvals, certificates, accreditations, waivers
and exemptions. Said inability shall be cause for termination of this Agreement.
B. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS
1. CONTRACTOR agrees to furnish to ADMINISTRATOR within thirty (30) calendar days
of the award of this Agreement:
a. In the case of an individual contractor, his/her name, date of birth, social security
number, and residence address;
b. In the case of a contractor doing business in a form other than as an individual, the
name, date of birth, social security number, and residence address of each individual who owns an
interest of ten percent (10%) or more in the contracting entity;
c. A certification that CONTRACTOR has fully complied with all applicable federal and
state reporting requirements regarding its employees;
d. A certification that CONTRACTOR has fully complied with all lawfully served Wage
and Earnings Assignment Orders and Notices of Assignment, and will continue to so comply.
2. Failure of CONTRACTOR to timely submit the data and/or certifications required by
Subparagraphs 1.a., 1.b., 1.c., or 1.d. above, or to comply with all federal and state employee reporting
requirements for child support enforcement, or to comply with all lawfully served Wage and Earnings
Assignment Orders and Notices of Assignment, shall constitute a material breach of this Agreement;
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and failure to cure such breach within sixty (60) calendar days of notice from COUNTY shall constitute
grounds for termination of this Agreement.
3. It is expressly understood that this data will be transmitted to governmental agencies
charged with the establishment and enforcement of child support orders, or as permitted by federal
and/or state statute.
XI. LITERATURE, ADVERTISEMENTS, AND SOCIAL MEDIA
A. Any written information or literature, including educational or promotional materials,
distributed by CONTRACTOR to any person or organization for purposes directly or indirectly related
to this Agreement must be approved at least thirty (30) days in advance and in writing by
ADMINISTRATOR before distribution. For the purposes of this Agreement, distribution of written
materials shall include, but not be limited to, pamphlets, brochures, flyers, newspaper or magazine ads,
and electronic media such as the Internet.
B. Any advertisement through radio, television broadcast, or the Internet, for educational or
promotional purposes, made by CONTRACTOR for purposes directly or indirectly related to this
Agreement must be approved in advance at least thirty (30) days and in writing by ADMINISTRATOR.
C. If CONTRACTOR uses social media (such as Facebook, Twitter, YouTube or other publicly
available social media sites) in support of the services described within this Agreement,
CONTRACTOR shall develop social media policies and procedures and have them available to
ADMINISTRATOR upon reasonable notice. CONTRACTOR shall inform ADMINISTRATOR of all
forms of social media used to either directly or indirectly support the services described within this
Agreement. CONTRACTOR shall comply with COUNTY Social Media Use Policy and Procedures as
they pertain to any social media developed in support of the services described within this Agreement.
CONTRACTOR shall also include any required funding statement information on social media when
required by ADMINISTRATOR.
D. Any information as described in Subparagraphs A. and B. above shall not imply endorsement
by COUNTY, unless ADMINISTRATOR consents thereto in writing.
XII. MAXIMUM OBLIGATION
The Aggregate Maximum Obligation of COUNTY for services provided in accordance with all
agreements for Point of Dispensing Site Services is as specified in the Referenced Contract Provisions
of this Agreement. This specific Agreement with CONTRACTOR is only one of several agreements to
which this Aggregate Maximum Obligation applies. It therefore is understood by the parties that
reimbursement to CONTRACTOR will be only a fraction of this Aggregate Maximum Obligation.
//
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XIII. NONDISCRIMINATION
A. EMPLOYMENT
1. During the term of this Agreement, CONTRACTOR and its Covered Individuals shall not
unlawfully discriminate against any employee or applicant for employment because of his/her ethnic
group identification, race, religion, ancestry, color, creed, sex, marital status, national origin, age (40
and over), sexual orientation, medical condition, or physical or mental disability. Additionally, during
the term of this Agreement, CONTRACTOR and its Covered Individuals shall require in its
subcontracts that subcontractors shall not unlawfully discriminate against any employee or applicant for
employment because of his/her ethnic group identification, race, religion, ancestry, color, creed, sex,
marital status, national origin, age (40 and over), sexual orientation, medical condition, or physical or
mental disability.
2. CONTRACTOR and its Covered Individuals shall not discriminate against employees or
applicants for employment in the areas of employment, promotion, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection
for training, including apprenticeship.
3. CONTRACTOR shall not discriminate between employees with spouses and employees
with domestic partners, or discriminate between domestic partners and spouses of those employees, in
the provision of benefits.
4. CONTRACTOR shall post in conspicuous places, available to employees and applicants for
employment, notices from ADMINISTRATOR and/or the United States Equal Employment
Opportunity Commission setting forth the provisions of the Equal Opportunity clause.
5. All solicitations or advertisements for employees placed by or on behalf of
CONTRACTOR and/or subcontractor shall state that all qualified applicants will receive consideration
for employment without regard to ethnic group identification, race, religion, ancestry, color, creed, sex,
marital status, national origin, age (40 and over), sexual orientation, medical condition, or physical or
mental disability. Such requirements shall be deemed fulfilled by use of the term EOE.
6. Each labor union or representative of workers with which CONTRACTOR and/or
subcontractor has a collective bargaining agreement or other contract or understanding must post a
notice advising the labor union or workers' representative of the commitments under this
Nondiscrimination Paragraph and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
B. SERVICES, BENEFITS AND FACILITIES – CONTRACTOR and/or subcontractor shall not
discriminate in the provision of services, the allocation of benefits, or in the accommodation in facilities
on the basis of ethnic group identification, race, religion, ancestry, color, creed, sex, marital status,
national origin, age (40 and over), sexual orientation, medical condition, or physical or mental disability
in accordance with Title IX of the Education Amendments of 1972 as they relate to 20 USC §1681 §1688; Title VI of the Civil Rights Act of 1964 (42 USC §2000d); the Age Discrimination Act of 1975
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(42 USC §6101); and Title 9, Division 4, Chapter 6, Article 1 (§10800, et seq.) of the California Code of
Regulations,) as applicable, and all other pertinent rules and regulations promulgated pursuant thereto,
and as otherwise provided by state law and regulations, as all may now exist or be hereafter amended or
changed. For the purpose of this Nondiscrimination paragraph, Discrimination includes, but is not
limited to the following based on one or more of the factors identified above:
1. Denying a client or potential client any service, benefit, or accommodation.
2. Providing any service or benefit to a client which is different or is provided in a different
manner or at a different time from that provided to other clients.
3. Restricting a client in any way in the enjoyment of any advantage or privilege enjoyed by
others receiving any service or benefit.
4. Treating a client differently from others in satisfying any admission requirement or
condition, or eligibility requirement or condition, which individuals must meet in order to be provided
any service or benefit.
5. Assignment of times or places for the provision of services.
C. COMPLAINT PROCESS – CONTRACTOR shall establish procedures for advising all clients
through a written statement that CONTRACTOR and/or subcontractor’s clients may file all complaints
alleging discrimination in the delivery of services with CONTRACTOR, subcontractor, and
ADMINISTRATOR or the U.S. Department of Health and Human Services' OCR.
1. Whenever possible, problems shall be resolved informally and at the point of service.
CONTRACTOR shall establish an internal informal problem resolution process for clients not able to
resolve such problems at the point of service. Clients may initiate a grievance or complaint directly with
CONTRACTOR either orally or in writing.
2. Within the time limits procedurally imposed, the complainant shall be notified in writing as
to the findings regarding the alleged complaint and, if not satisfied with the decision, may file an appeal.
D. PERSONS WITH DISABILITIES – CONTRACTOR and/or subcontractor agree to comply
with the provisions of §504 of the Rehabilitation Act of 1973, as amended, (29 USC 794 et seq., as
implemented in 45 CFR 84.1 et seq.), and the Americans with Disabilities Act of 1990 (42 USC 12101
et seq.),as applicable, pertaining to the prohibition of discrimination against qualified persons with
disabilities in all programs or activities; and if applicable, as implemented in Title 45, CFR, §84.1 et
seq., as they exist now or may be hereafter amended together with succeeding legislation.
E. RETALIATION – Neither CONTRACTOR nor subcontractor, nor its employees or agents shall
intimidate, coerce or take adverse action against any person for the purpose of interfering with rights
secured by federal or state laws, or because such person has filed a complaint, certified, assisted or
otherwise participated in an investigation, proceeding, hearing or any other activity undertaken to
enforce rights secured by federal or state law.
F. In the event of non-compliance with this paragraph or as otherwise provided by federal and
state law, this Agreement may be canceled, terminated or suspended in whole or in part and
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CONTRACTOR or subcontractor may be declared ineligible for further contracts involving federal,
state or county funds.
XIV. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements
authorized or required by this Agreement shall be effective:
1. When written and deposited in the United States mail, first class postage prepaid and
addressed as specified in the Referenced Contract Provisions of this Agreement or as otherwise directed
by ADMINISTRATOR;
2. When faxed, transmission confirmed;
3. When sent by Email; or
4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel
Service, or other expedited delivery service.
B. Termination Notices shall be addressed as specified in the Referenced Contract Provisions of
this Agreement or as otherwise directed by ADMINISTRATOR and shall be effective when faxed,
transmission confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United
Parcel Service, or other expedited delivery service.
C. CONTRACTOR shall notify ADMINISTRATOR, in writing, within twenty-four (24) hours of
becoming aware of any occurrence of a serious nature, which may expose COUNTY to liability. Such
occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or
damage to any COUNTY property in possession of CONTRACTOR.
D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by
ADMINISTRATOR.
XV. NOTIFICATION OF PUBLIC EVENTS AND MEETINGS
A. CONTRACTOR shall notify ADMINISTRATOR of any public event or meeting funded in
whole or part by the COUNTY, except for those events or meetings that are intended solely to serve
clients or occur in the normal course of business.
B. CONTRACTOR shall notify ADMINISTRATOR at least thirty (30) business days in advance
of any applicable public event or meeting. The notification must include the date, time, duration,
location and purpose of public event or meeting. Any promotional materials or event related flyers must
be approved by ADMINISTRATOR prior to distribution.
XVI. RECORDS MANAGEMENT AND MAINTENANCE
A. CONTRACTOR, its officers, agents, employees and subcontractors shall, throughout the term
of this Agreement, prepare, maintain and manage records appropriate to the services provided and in
accordance with this Agreement and all applicable requirements.
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B. CONTRACTOR shall ensure appropriate financial records related to cost reporting,
expenditure, revenue, billings, etc., are prepared and maintained accurately and appropriately.
C. CONTRACTOR shall ensure all appropriate state and federal standards of documentation,
preparation, and confidentiality of records related to participant, client and/or patient records are met at
all times.
D. CONTRACTOR shall retain all financial records for a minimum of seven (7) years from the
commencement of the contract, unless a longer period is required due to legal proceedings such as
litigations and/or settlement of claims.
E. CONTRACTOR shall make records pertaining to the costs of services, participant fees, charges,
billings, and revenues available at one (1) location within the limits of the County of Orange.
F. If CONTRACTOR is unable to meet the record location criteria above, ADMINISTRATOR
may provide written approval to CONTRACTOR to maintain records in a single location, identified by
CONTRACTOR.
G. CONTRACTOR may be required to retain all records involving litigation proceedings and
settlement of claims for a longer term which will be directed by the ADMINISTRATOR.
H. CONTRACTOR shall notify ADMINISTRATOR of any PRA requests related to, or arising out
of, this Agreement, within forty-eight (48) hours. CONTRACTOR shall provide ADMINISTRATOR
all information that is requested by the PRA request.
XVII. RESEARCH AND PUBLICATION
CONTRACTOR shall not utilize information and data received from COUNTY or developed as a
result of this Agreement for the purpose of personal publication.
XVIII. RIGHT TO WORK AND MINIMUM WAGE LAWS
A. In accordance with the United States Immigration Reform and Control Act of 1986,
CONTRACTOR shall require its employees directly or indirectly providing service pursuant to this
Agreement, in any manner whatsoever, to verify their identity and eligibility for employment in the
United States. CONTRACTOR shall also require and verify that its contractors, subcontractors, or any
other persons providing services pursuant to this Agreement, in any manner whatsoever, verify the
identity of their employees and their eligibility for employment in the United States.
B. Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and
State of California Labor Code, §1178.5, CONTRACTOR shall pay no less than the greater of the
federal or California Minimum Wage to all its employees that directly or indirectly provide services
pursuant to this Agreement, in any manner whatsoever. CONTRACTOR shall require and verify that
all its contractors or other persons providing services pursuant to this Agreement on behalf of
CONTRACTOR also pay their employees no less than the greater of the federal or California Minimum
Wage.
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C. CONTRACTOR shall comply and verify that its contractors comply with all other federal and
State of California laws for minimum wage, overtime pay, record keeping, and child labor standards
pursuant to providing services pursuant to this Agreement.
D. Notwithstanding the minimum wage requirements provided for in this clause, CONTRACTOR,
where applicable, shall comply with the prevailing wage and related requirements, as provided for in
accordance with the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the
State of California (§§1770, et seq.), as it exists or may hereafter be amended.
XIX. SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or application thereof
to any person or circumstances to be invalid or if any provision of this Agreement contravenes any
federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or
the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain
in full force and effect, and to that extent the provisions of this Agreement are severable.
XX. STATUS OF CONTRACTOR
CONTRACTOR is, and shall at all times be deemed to be, an independent contractor and shall be
wholly responsible for the manner in which it performs the services required of it by the terms of this
Agreement. CONTRACTOR is entirely responsible for compensating staff, subcontractors, and
consultants employed by CONTRACTOR. This Agreement shall not be construed as creating the
relationship of employer and employee, or principal and agent, between COUNTY and CONTRACTOR
or any of CONTRACTOR’s employees, agents, consultants, or subcontractors. CONTRACTOR
assumes exclusively the responsibility for the acts of its employees, agents, consultants, or
subcontractors as they relate to the services to be provided during the course and scope of their
employment. CONTRACTOR, its agents, employees, consultants, or subcontractors, shall not be
entitled to any rights or privileges of COUNTY’s employees and shall not be considered in any manner
to be COUNTY’s employees.
XXI. TERM
A. This specific Agreement with CONTRACTOR is only one of several agreements to which the
term of this Agreement applies. This specific Agreement shall commence as specified in the Reference
Contract Provisions of this Agreement or the execution date, whichever is later. This specific
Agreement shall terminate as specified in the Referenced Contract Provisions of this Agreement, unless
otherwise sooner terminated as provided in this Agreement; provided, however, CONTRACTOR shall
be obligated to perform such duties as would normally extend beyond this term, including but not
limited to, obligations with respect to confidentiality, indemnification, audits, reporting and accounting.
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B. Any administrative duty or obligation to be performed pursuant to this Agreement on a
weekend or holiday may be performed on the next regular business day.
XXII. TERMINATION
A. Either party may terminate this Agreement, without cause, upon thirty (30) calendar day’s
written notice given the other party.
B. Unless otherwise specified in this Agreement, COUNTY may terminate this Agreement upon
five (5) calendar days written notice if CONTRACTOR fails to perform any of the terms of this
Agreement. At ADMINISTRATOR’s sole discretion, CONTRACTOR may be allowed up to thirty
(30) calendar days for corrective action.
C. COUNTY may terminate this Agreement immediately, upon written notice, on the occurrence
of any of the following events:
1. The loss by CONTRACTOR of legal capacity.
2. Cessation of services.
3. The delegation or assignment of CONTRACTOR’s services, operation or administration to
another entity without the prior written consent of COUNTY.
4. The neglect by any physician or licensed person employed by CONTRACTOR of any duty
required pursuant to this Agreement.
5. The loss of accreditation or any license required by the Licenses and Laws Paragraph of
this Agreement.
6. The continued incapacity of any physician or licensed person to perform duties required
pursuant to this Agreement.
7. Unethical conduct or malpractice by any physician or licensed person providing services
pursuant to this Agreement; provided, however, COUNTY may waive this option if CONTRACTOR
removes such physician or licensed person from serving persons treated or assisted pursuant to this
Agreement.
D. CONTINGENT FUNDING
1. Any obligation of COUNTY under this Agreement is contingent upon the following:
a. The continued availability of federal, state and county funds for reimbursement of
COUNTY’s expenditures, and
b. Inclusion of sufficient funding for the services hereunder in the applicable budget
approved by the Board of Supervisors.
2. In the event such funding is subsequently reduced or terminated, COUNTY may suspend,
terminate or renegotiate this Agreement upon thirty (30) calendar day’s written notice given
CONTRACTOR. If COUNTY elects to renegotiate this Agreement due to reduced or terminated
funding, CONTRACTOR shall not be obligated to accept the renegotiated terms.
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E. In the event this Agreement is suspended or terminated prior to the completion of the term as
specified in the Referenced Contract Provisions of this Agreement, ADMINISTRATOR may, at its sole
discretion, reduce the Maximum Obligation of this Agreement in an amount consistent with the reduced
term of the Agreement.
F. In the event this Agreement is terminated by either party pursuant to Subparagraphs B., C. or D.
above, CONTRACTOR shall do the following:
1. Comply with termination instructions provided by ADMINISTRATOR in a manner which
is consistent with recognized standards of quality care and prudent business practice.
2. Obtain immediate clarification from ADMINISTRATOR of any unsettled issues of contract
performance during the remaining contract term.
3. Until the date of termination, continue to provide the same level of service required by this
Agreement.
4. If clients are to be transferred to another facility for services, furnish ADMINISTRATOR,
upon request, all client information and records deemed necessary by ADMINISTRATOR to effect an
orderly transfer.
5. Assist ADMINISTRATOR in effecting the transfer of clients in a manner consistent with
client’s best interests.
6. If records are to be transferred to COUNTY, pack and label such records in accordance
with directions provided by ADMINISTRATOR.
7. Return to COUNTY, in the manner indicated by ADMINISTRATOR, any equipment and
supplies purchased with funds provided by COUNTY.
8. To the extent services are terminated, cancel outstanding commitments covering the
procurement of materials, supplies, equipment, and miscellaneous items, as well as outstanding
commitments which relate to personal services. With respect to these canceled commitments,
CONTRACTOR shall submit a written plan for settlement of all outstanding liabilities and all claims
arising out of such cancellation of commitment which shall be subject to written approval of
ADMINISTRATOR.
G. The rights and remedies of COUNTY provided in this Termination Paragraph shall not be
exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement.
XXIII. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in third parties
including, but not limited to, any subcontractors or any clients provided services pursuant to this
Agreement.
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XXIV. WAIVER OF DEFAULT OR BREACH
Waiver by COUNTY of any default by CONTRACTOR shall not be considered a waiver
subsequent default. Waiver by COUNTY of any breach by CONTRACTOR of any provision
Agreement shall not be considered a waiver of any subsequent breach. Waiver by COUNTY
default or any breach by CONTRACTOR shall not be considered a modification of the terms
Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
PARA XXV SIG
CITY OF BUENA PARK
BY:
DATED:
TITLE:
City Manager
ATTEST:
BY:
DATED:
TITLE:
City Clerk
COUNTY OF ORANGE
BY:
DATED:
HEALTH CARE AGENCY
APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY:
DATED:
DEPUTY
If the contracting party is a corporation, two (2) 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.
If the contract is signed by one (1) authorized individual only, a copy of the corporate resolution or by-laws whereby the board of directors
has empowered said authorized individual to act on its behalf by his or her signature alone is required by ADMINISTRATOR.
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EXHIBIT A
TO AGREEMENT FOR PROVISION OF
POINT OF DISPENSING SITE EQUIPMENT SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF BUENA PARK
July 1, 2015 THROUGH June 30, 2020
I. DEFINITIONS
A. “Equipment” means moveable property of a relatively permanent nature with significant value.
Equipment which costs $5,000 or over, including sales taxes, freight charges and other taxes are
considered Fixed Assets. Equipment which cost less than $5,000, including sales taxes, freight charges
and other taxes are considered Minor Equipment or Controlled Assets.
B. “Exercise” means an event designed to test and evaluate the POD site plan using the guidelines
set forth by Homeland Security Exercise and Evaluation Program (HSEEP) requirements.
C. “Health Emergency” means a situation where a potential threat to the health of the community
from a disease agent (i.e. Anthrax, Smallpox, Influenza, etc.) requires medication, medical supplies,
and/or equipment to be dispensed in mass quantity. Designation of a situation as a Health Emergency
requires an emergency declaration by the County Executive Officer and the Public Health Officer.
D. “Point of Dispensing (POD) Site” means any pre-identified location within a city and/or agency
designed to provide public citizens with medications, supplies, equipment, and/or other resources in the
event of a Health Emergency.
II. SERVICES
A COUNTY is loaning CONTRACTOR Equipment. Title to these items shall remain vested in
COUNTY and the Equipment shall be deemed to be "Loaned Equipment" while in the possession of
CONTRACTOR.
B. CONTRACTOR agrees to the transportation, presence, and storage of Loaned Equipment at
designated POD site(s) or location of CONTRACTOR’s choosing with ADMINISTRATOR’S written
approval, in support of this Agreement. POD site locations may be changed with written mutual consent
of CONTRACTOR and ADMINISTRATOR. The Loaned Equipment, listed in Table A below, is
appropriate for preparation of a public health emergency and/or exercise. In a public health emergency
or exercise, the Loaned Equipment shall serve to:
1. Identify staff within the POD site;
2. Provide instructions to direct and orientate individuals through the POD site; and
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3. Allow individuals to receive the necessary material during an exercise or Health
Emergency.
C. With respect to the Loaned Equipment, CONTRACTOR and/or authorized representatives
shall:
1. Establish a defined and designated secure location(s) and storage area for the Loaned
Equipment;
2. Continuously and properly maintain and store Loaned Equipment;
3. Develop internal policy and procedures for:
a. The preparation for mobilization of Loaned Equipment;
b. Transportation of Loaned Equipment;
c. The training of assigned staff on these policies and procedures; and
D. CONTRACTOR may use Loaned Equipment in the course of its everyday provision of services
or for training purpose; provided, however, said Loaned Equipment are readily available and in good
working order in the event of a public health emergency and/or exercise.
E. During a public health emergency and/or exercise, CONTRACTOR is responsible for:
1. Transporting Loaned Equipment to POD site and returning Loaned Equipment to the
designated secure locations expressed in II.C. above;
2. Setting-up and breaking down the POD site;
3. Providing all non-medical POD staff;
4. Providing all non-medical Equipment, including but not limited to, tents, tables and chairs;
5. Notifying the local community of the event;
6. Providing traffic and/or crowd control;
7. Disseminating forms to the public; and
8. Providing general assistance to the public and COUNTY staff.
F. COUNTY shall loan to CONTRACTOR the following Equipment for each of CONTRACTOR’s
POD Sites:
Item
POD Storage Case & Step Stool
Signage
Fill Out Form (36 x 48)
Show Form (36 x 48)
Pick Up Medicine (36 x 48)
Get Vaccine (36 x 48)
Turn In Form & Exit (36 x 48)
Medical Services Facility (22 x 28)
Bioterrorism Agent Information (22 x 28)
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Signage
Bioterrorism Symptoms (22 x 28)
Four Simple Steps (22 x 28)
Prohibited (22 x 28)
Exit (11 x 17)
No Exit (11 x 17)
Incident Command Post (11 x 17)
Staff Person Wearing Vest can Assist (11 x 17)
Break/Staging (11 x 17)
First Aid (11 x 17)
Ambulance (11 x 17)
Staff Registration (11 x 17)
Please Wait (11 x 17)
Family Line (11 x 17)
Adult Line (11 x 17)
Arrows
Entrance Banner (22 x 28)
Stop - Fill Out Form (22 x 28)
Stop - Turn in Form & Exit (22 x 28)
Hardware
Metal A-frames
Collapsible Easels
Metal Stantions (Part# 05-015CH)
6-foot Cardboard Poles and Mount Caps
Wire Feet
Plastic Display Sleeves
Vests
Red - XL
Orange - XL
Blue - XL
Yellow - XL
Lime Green - XL
General Supplies
Clipboards
Pens - Boxes
POD Field Operations Guide
Quantity
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G. CONTRACTOR and ADMINISTRATOR may mutually agree, in writing, to modify the
Equipment set forth in subparagraph II. F., above.
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MEETING DATE:
January 14, 2014
TO:
TITLE:
(OCHCA) TO PROVIDE POINT OF DISPENSING (POD) SITE PLANNING
SERVICES FOR THE BUENA PARK COMMUNITY CENTER AND
EHLERS COMMUNITY CENTER FOR FISCAL YEAR 2013-2014
RECOMMENDED ACTION: 1) Approve an agreement with the Orange County Health Care
Agency (OCHCA) to provide point of dispensing (POD) site planning services for the Buena
Park Community Center and the Water D. Ehlers Community Recreation Center; and 2)
Authorize the City Manager to execute the agreement.
PURPOSE: To approve a contract with the OCHCA to provide POD site planning services at
the Buena Park Community Center and Ehlers Community Center in the event of an emergency
or pandemic that requires mass inoculations or dispensing of therapies.
DISCUSSION: The OCHCA is responsible for planning the County’s response to healthcare
disasters. One such disaster could be a pandemic affecting a large portion of the County’s
population. Pandemics can be caused by naturally occurring diseases, such as influenza or
other viruses. Some examples include the 2002-2013 Severe Acute Respiratory Syndrome
(SARS) or the current Mideast Respiratory Syndrome. They can also be caused through the
accidental or deliberate release of biological warfare agents. Such pandemics arise periodically
and can cause large-scale disruption in the County’s economic and social fabric.
The Centers for Disease Control and Prevention (CDC) have developed the Strategic National
Stockpile (SNS) to counter this threat. SNS has large quantities of medicines and medical
supplies to protect the American public if there is a public health emergency (e.g. terrorist
attack, flu outbreak, earthquake) severe enough to cause local supplies to run out. Once
Federal and local authorities agree that the SNS is needed, medicines will be delivered to any
state in the U.S. within 12 hours. California and OCHCA are engaged in planning to receive and
distribute the needed medicines to our community.
The SNS supplies are distributed through Points of Dispensing (PODs). Each POD is meant to
deliver 500 to 1725 doses per hour to the nearby population, with an overall goal of inoculating
100% of the County’s population within 48 hours. OCHCA has so far contracted with 25 cities to
provide 64 POD sites. This Agreement will add the Buena Park Community Center and Ehlers
Senior Center to that number.
This Agreement lasts through the end of June 2014 and covers POD site planning services
only. It includes attendance at OCHCA training sessions as well as the development of POD
Item 07
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Meeting Date:
Subject:
January 14, 2014
(OCHCA) TO PROVIDE POINT OF DISPENSING (POD) SITE PLANNING
SERVICES FOR THE BUENA PARK COMMUNITY CENTER AND
EHLERS COMMUNITY CENTER FOR FISCAL YEAR 2013-2014
Site Plans for each location. OCHCA will reimburse the City at set rates for certain deliverables
listed in Exhibit C. The FY 2014-2015 Agreement will likely include POD exercise services.
This Agreement will not give OCHCA the right to unilaterally open a POD in a City facility on
demand. It also does not require the City to provide clinical services; OCHCA is responsible for
identifying, training, and providing clinical staff and medical equipment and supplies for each
POD. The portions of the Agreement regarding clinical services and the associated recordkeeping do not apply to the City. It also does not require the City to store pharmaceuticals,
except during the operation of a POD. Under the terms of the Agreement, the City will provide
the facility itself, security, traffic control, and a certain number of non-clinical administrative staff
to operate the POD when activated.
Buena Park’s residents and visitors will benefit from having two potential POD sites within the
city limits. During an emergency, they will be able to go to places that are nearby and familiar to
get the vaccinations or other therapies they may need to avoid becoming victims of a pandemic
or biological attack. Planning for and training to operate these POD sites expands the City’s
choices and capabilities with minimal additional cost, helping the City be better prepared for
future emergencies.
BUDGET IMPACT: There is no budgetary impact with the execution of this agreement. OCHCA
will reimburse the City at set rates for planning deliverables. Subsequent agreements will define
reimbursement rates for exercises and activations.
Prepared by:
Approved by:
Presented by:
ATTACHMENTS:
1) OCHCA POD Agreement
2) Compliance training approval memo
Item 08
MEETING DATE:
September 8, 2015
TO:
TITLE:
LETTER OF SUPPORT FOR THE IMMEDIATE
RE-AUTHORIZATION OF THE EB-5 REGIONAL CENTER
PROGRAM
RECOMMENDED ACTION: 1) Authorize the City Manager to sign a letter of support for the
immediate re-authorization of the EB-5 Regional Center Program.
PURPOSE: To demonstrate City support for the re-authorization of the EB-5 Regional Center
Program.
DISCUSSION: The United States Citizen and Immigration Services (USCIS) created the EB-5
Program to stimulate the economy by attracting immigrant investors to the United States. The
EB-5 program allows immigrant investors to obtain a Visa by investing a minimum of $500,000
into a new commercial enterprise. The new commercial enterprise must create 10 full-time jobs
for every $500,000 of investment in exchange for the immigrant’s Visa.
Regional Centers have been established throughout the United States to pool EB-5 capital from
multiple foreign investors for investment in the USCIS-approved economic development projects
within a defined geographic region. The EB-5 Regional Center Program has become a vital
economic development tool in communities all over the United States. M&D serves as a
Regional Center for the EB-5 Program within our region. The EB-5 Program has been the main
source of funding for The Source Project and has created numerous jobs in our community.
The EB-5 Regional Center Program is scheduled to end on September 30, 2015. M&D is a
member of Invest in the USA (IIUSA), a nonprofit EB-5 trade organization for the EB-5 Regional
Center Program. M&D is requesting the City to sign a letter of support written by IIUSA asking
Congress to pass legislation for the immediate re-authorization of the EB-5 Regional Center
Program.
Prepared by:
Approved by:
Ruben M. Lopez, Economic Development Administrator
Presented by:
ATTACHMENT:
1) IIUSA Letter of Support
Item 08
K. David Andersson, President
Robert C. Divine, Vice President
Robert G. Honts, Secretary-Treasurer
Creating Jobs Through EB-5 Investment
Angelique Brunner, Director
George W. Ekins, Director
William P. Gresser, Director
Patrick F. Hogan, Director
Jill Jones, Director
Peter D. Joseph, Executive Director
Email: [email protected]
Telephone: 202-795-9669
www.iiusa.org
VIA USPS/EMAIL/FASCIMILE
Robert Kraft, Director
Tom Rosenfeld, Director
David Souders, Director
William J. Stenger, Director
Cletus M. Weber, Director
Henry Liebman, Director Emeritus
Stephen Yale-Loehr, President Emeritus
DATE
RE: Support immediate re-authorization of the EB-5 Regional Center Program
Dear Honorable Members of Congress:
On behalf of Invest in the USA (IIUSA), the national trade association of the EB-5 Regional Center
industry, EB-5 industry stakeholders and the undersigned supporters, I write to you urgently asking
Congress to enact an immediate reauthorization of the EB-5 Regional Center Program (the “Program”).
Since its inception in 1992, the Program has become a vital economic development tool in communities
all across the United States, creating much-needed jobs, improving economic infrastructure and
providing necessary funding for projects that otherwise would not have it, especially in the wake of the
Great Recession.
In 2012, the Program was reauthorized by unanimous consent in the Senate and 412-3 vote in the
House of Representatives, demonstrating broad and bipartisan support. Also, with “pilot” removed
from the statute, Congress sent a signal that it is indeed time to make the Program a permanent part of
U.S. economic development policy. Over the last three years since reauthorization, the Program has
grown in popularity as a source for funding critical economic development projects, but more
importantly has continued to create American jobs, all at no cost to the taxpayer. From FY2005-2014,
the Program accounted for over $9 billion in capital investment that supported over 181,000 U.S. jobs.
In addition, a comprehensive peer-reviewed economic study found that during FY2013, investments
made through the EB-5 program contributed $3.58 billion to U.S. GDP and supported over 41,000 U.S.
jobs.
To maintain confidence in the Program, action must be taken to pass legislation to reauthorize EB-5
before September 30, 2015 so it can continue to create jobs and attract significant investment to the
United States. The Program is essential to many state and local government economic development
entities as well as numerous industry groups and private sector project and business developers.
Additionally, the Program’s reauthorization has been endorsed by the U.S. Conference of Mayors,
National Association of Counties, Council of Development Finance Agencies and many state and local
governments whose communities have deeply benefited from the Program’s economic impact
firsthand. These organizations and others, both public and private, are depending on Congress’ support
300 New Jersey Avenue NW, Suite 1075
Washington, DC 20001
Page 1 of 2
Item 08
to keep this important program a vital part of economic development in communities across the
country.
If the Program is allowed to sunset, hundreds of thousands of U.S. jobs will be lost and hundreds of
projects will cease to develop or finish. With IIUSA member regional centers serving 47 states, this
would include jobs and projects lost in nearly every state. Permanent authorization of the Program is an
essential affirmation of confidence to domestic entrepreneurs and foreign investors who are using the
EB-5 Program to create jobs for Americans today and are developing plans to do so in the future.
The EB-5 Immigrant Investor Program is a practical U.S. job creating program that has been scored by
the Congressional Budget Office as budget neutral. It has been extended with bipartisan support since
its commencement in 1992, which has allowed for continuous job-creating opportunities and essential
economic development projects to get off the ground, particularly in recent years. As Congress
considers reauthorization, we welcome the opportunity to offer our suggestions to make the Program a
more efficient, effective and secure economic development tool.
Below is a list of organizations from all around the United States who see and feel the benefit of EB-5
in their communities and businesses every day and have signed on to this letter in support of IIUSA and
the reauthorization of the EB-5 Regional Center Program:
Sincerely,
Peter D. Joseph
Executive Director
Page 2 of 2
Item 09
MEETING DATE:
September 8, 2015
TO:
TITLE:
AGREEMENT WITH BUENA PARK NOON LIONS CLUB FOR
USE OF THE CITY FACILITIES AT WILLIAM PEAK PARK FOR
THE 2015 SILVERADO DAYS CELEBRATION
RECOMMENDED ACTION: 1) Approve an agreement with the Buena Park Noon Lions Club for
use of William Peak Park for the 2015 Silverado Days Celebration; and 2) Authorize the Mayor
and City Clerk to execute the agreement.
PURPOSE: To allow the Buena Park Noon Lions to use William Peak Park for the 2015
Silverado Days Celebration.
DISCUSSION: Silverado Days is scheduled to commence on October 16, 2015, and conclude
on October 18, 2015. Silverado Days is an annual event held at William Peak Park that consists
of a carnival and a variety of social activities during a three-day celebration. The event is
expected to attract over 200,000 people.
The Buena Park Noon Lions Club coordinates the event and the City assists by providing staff,
equipment and public facilities for the event. In order to reduce potential liability associated with
this public event, the proposed agreement calls for coordination of various activities and the
provision of insurance indemnification to the City.
This agreement is annually renewed and has been reviewed by the City Attorney.
BUDGET IMPACT: Funds in the amount of $100,120 are allocated in the FY 205-16 budget for
this event (Account No. 106119). The following represents a breakdown of the expenditures:
• Overtime
• Part-Time
• Contract Services
• Hardware Supplies
$66,200
$16,430
$ 9,490
$ 8,000
(Police, Community Services, and Public Works)
(Community Services and Police)
(Electrical Support and Equipment Rental)
Prepared by:
Approved by:
Margaret Riley, Director of Community Services
Presented by:
Dale Kurata, Parks and Recreation Manager
ATTACHMENT:
1) Agreement
Item 09
AGREEMENT FOR USE OF CITY FACILITIES
This agreement is made and entered into this 8th day of September 2015, by and
between the CITY OF BUENA PARK, a California charter city and municipal corporation
(hereinafter referred to as “CITY”) and the BUENA PARK NOON LIONS CLUB, a nonprofit corporation (hereinafter referred to as “LIONS CLUB”).
A.
Recitals.
(i) LIONS CLUB has applied for a permit to use William Peak Park for an
event known as Silverado Days and Carnival.
(ii) LIONS CLUB desires to conduct a carnival, consisting of rides and
attractions as well as various food and drink concession stands and related activities in
conjunction with Silverado Days and Carnival.
(iii)
The City Council of the City of Buena Park has determined that
allowing the special, temporary use described in the Recitals, above, subject to the
terms of this Agreement, will benefit the CITY, including its residents, visitors, and
businesses.
NOW, THEREFORE, it is agreed by and between CITY and LIONS
CLUB as follows:
1.
In consideration of the benefits to the CITY provided by the special,
temporary use authorized herein, the CITY hereby issues, and this Agreement shall
serve as, a special use permit, subject to the terms and conditions herein, authorizing
the LIONS CLUB to conduct the annual Silverado Days and Carnival (“Event”), at
William Peak Park and adjoining, publicly accessible areas thereto (collectively, “Park”).
2.
LIONS CLUB, consistent with its Articles of Incorporation and
Constitution, warrants that none of its officers, employees, or volunteers shall engage in
campaigning of a political nature while present within the Park for purposes of the Event.
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The Lions Club may restrict political campaigning by persons at, and during the Event,
to the extent permitted by law.
3.
The CITY shall provide stage facilities at the Park.
4.
The
Director
of
Community
Services
or
designee
(“CITY
REPRESENTATIVE”), may allow the pool at the Park to be used by LIONS CLUB and
its guests and invitees upon written request of the LIONS CLUB.
5. Not less than ninety (90) days prior to the Event, LIONS CLUB shall
submit to the CITY REPRESENTATIVE, a written diagram indicating the location of the
booths, carnival rides and attractions, stage areas, parking areas, related walks and
paths and security fencing within the Park (collectively, “facilities”) that LIONS CLUB will
use for the Event. The CITY REPRESENTATIVE shall review the diagram and may
make such changes or
alterations in the designated areas as
the CITY
REPRESENTATIVE deems necessary in the CITY REPRESENTATIVE’s sole
discretion. LIONS CLUB shall not modify the location of any of the facilities as depicted
on
the
approved
diagram,
REPRESENTATIVE.
without
the
prior
written consent
of
the CITY
LIONS CLUB shall be solely responsible for designating the
intended areas of use, including parking areas, with appropriate, temporary signs and
markings, approved by the CITY REPRESENTATIVE, all of which shall be removed
upon conclusion of
the Event.
LIONS CLUB shall meet with the CITY
REPRESENTATIVE one week prior to the Event to coordinate the location of the
facilities.
6. Concurrent with submission of the diagram referenced in Section 5,
above, LIONS CLUB shall submit to the CITY REPRESENTATIVE a diagram indicating
the location of temporary electrical outlets and related appurtenances convenient and
necessary for the conduct of the Event. The submitted diagram of available electrical
power shall have such specificity as the CITY REPRESENTATIVE shall require. No
electrical power outlets or related appurtenances shall be energized or may be used
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without prior approval of the CITY REPRESENTATIVE. If deemed necessary by the
CITY REPRESENTATIVE, LIONS CLUB shall provide additional electricity from portable
generators and electrical cords as needed to safely and properly run the Event. LIONS
CLUB must also provide and pay the cost of installing water heaters and any other
equipment required by the State and/or County Department of Health. The operation of
any such generators or other equipment of any nature, necessary to conduct the Event,
shall be in compliance with any and all local, State, and federal rules, regulations,
ordinances, safety orders, laws and statutes, and otherwise as required by the CITY’s
Public Works Director.
7. LIONS CLUB shall submit to the CITY REPRESENTATIVE one week
prior to the Event a schedule setting forth all dates and times when the legally required
inspection of rides, attractions, and similar contrivances by appropriate State agencies
will occur.
LIONS CLUB shall coordinate inspection of such facilities with CITY
REPRESENTATIVE and State officials to ensure that the CITY REPRESENTATIVE will
be able to observe the inspection.
LIONS CLUB shall correct any deficiencies,
violations, and/or conditions identified in any such inspection, to the satisfaction of the
CITY REPRESENTATIVE, prior to the Event.
8. LIONS CLUB will not permit the sale of alcoholic beverages during the
Event unless approved in writing by the CITY REPRESENTATIVE, in compliance with
conditions imposed by the CITY REPRESENTATIVE and provided all legally required
permits have been obtained from all governmental entities having jurisdiction over the
sale of alcoholic beverages.
9. LIONS CLUB shall ensure that all carnival equipment, vehicles and
sleeping facilities for carnival and security personnel are located only in those areas
approved in writing by the CITY REPRESENTATIVE.
10. The Event shall be conducted and the gates shall open to the public
only during the following dates and times:
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Friday
October 16, 2015
5 p.m. – 12 a.m.
Saturday
October 17, 2015
10 a.m. – 12 a.m.
Sunday
October 18, 2015
8 a.m. – 10 p.m. *
* Prior to opening on Sunday there will be a Pancake Breakfast beginning at 7:00 a.m.
LIONS CLUB is authorized to move equipment, vehicles, booths and related
appurtenances into the Park prior to October 16, 2015, pursuant to a schedule approved
in writing by the CITY REPRESENTATIVE.
11. LIONS CLUB shall, not later than October 5, 2015, mail or hand
deliver a written notice, approved by the CITY REPRESENTATIVE, to all residents
whose properties are immediately adjacent to the areas where the carnival equipment,
vehicles and sleeping facilities for carnival and security personnel will be located,
informing the residents of the days the Event will be conducted and the nature of the
Event.
LIONS CLUB shall also mail a copy of the notice to the CITY
REPRESENTATIVE at the same time the notice is mailed or hand delivered to the
residents.
12.
LIONS CLUB shall immediately close the Event or any portion
thereof, if so directed by a member of the CITY’s police department. LIONS CLUB shall
be responsible for payment of all costs incurred by the CITY in providing supplemental
police services, if such services are deemed necessary by CITY’s police chief.
13. Prior to the opening of the Event, LIONS CLUB shall provide copies
of all necessary permits and licenses required for the preparation and sale of food at the
Event to the CITY REPRESENTATIVE.
14. The CITY may terminate this Agreement when deemed to be in the
best interest of the City by the City Council, by giving written “Notice of Termination” to
LIONS CLUB at least fifteen (15) days prior to the date of termination. If this Agreement
is terminated by CITY, LIONS CLUB shall cause all activities pertaining to the Event to
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be concluded no later than the effective date of termination. The CITY shall not be
liable to LIONS CLUB for any damages or losses incurred by LIONS CLUB as a result
of CITY’s termination of the Agreement.
LIONS CLUB may not terminate this
Agreement except for cause. Within three (3) days of the conclusion of the Event,
and/or upon termination of this Agreement, LIONS CLUB shall cause all equipment,
including all carnival equipment, rides, booths, signs, markings, trash, and any and all
other items and personal property of any kind, located in the Park, due to, or as a result
of the Event, to be removed in their entirety.
15. Patrick Donnelly shall be the representative of the LIONS CLUB, with
respect to this Agreement, and CITY may rely on decisions made by Patrick Donnelly on
behalf of LIONS CLUB.
16. Any and all notices, demands, invoices and written communications
between the parties hereto shall be addressed as set forth below:
MARGARET RILEY
Director of Community Services,
City of Buena Park
6688 Beach Boulevard, Buena Park, California 90622
PATRICK DONNELLY, Chairman
c/o Buena Park Noon Lions Club
P.O. Box 6782, Buena Park, California 90622
Any such notices, demands, invoices and written communications sent by mail postage,
postage prepaid and properly addressed shall be deemed to have been received by the
parties on the second business day following deposit in the mail.
17.
LIONS CLUB shall, upon execution of this Agreement, obtain all
insurance required hereunder from a company or companies acceptable to CITY.
LIONS CLUB shall not permit any of its volunteers, employees, contractors,
representatives of other persons operating under its authority, including, but not limited
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to, carnival operators, to enter the Park property in connection with the Event, until all
insurance required of such parties has been obtained. LIONS CLUB agrees to take out
and maintain at all times during the term of this Agreement the following policies of
insurance:
(a) Workers' compensation insurance as required by law.
The policy
shall be evidenced by furnishing of a certificate of insurance as proof that LIONS CLUB
has taken out the required workers' compensation insurance in full accordance with the
laws of the State of California.
LIONS CLUB shall also require its subcontractors,
including the carnival operators, to provide workers’ compensation insurance as
required by law.
(b) Throughout the term of this Agreement, LIONS CLUB shall, at its sole
cost and expense, maintain, or cause to be maintained, in full force and effect, for the
mutual benefit of CITY and LIONS CLUB, the following insurance coverage: (i)
comprehensive, broad form, commercial general liability with coverage of One Million
Dollars ($1,000,000) 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 the
Event or the general aggregate limit shall be twice the required occurrence limit, and
shall contain specified language creating a duty to defend against any suit seeking
damages); and (ii) automobile liability insurance (any auto) with coverage of One Million
Dollars ($1,000,000) per accident for bodily injury and property damage. LIONS CLUB
shall require any carnival operator retained by LIONS CLUB to conduct activities during
the Event, to provide identical insurance.
(c) All insurance required by this Agreement shall be provided by
insurance companies licensed to conduct business in the State of California by the
Department of Insurance and rated “A:VIII” in the most recent A.M. Best’s Key
Insurance Rating Guide.
All such policies, except for the Workers’ Compensation
6
Item 09
policies, shall name CITY, its elected officials, officers, employees, agents and
representatives as additional insureds. All such policies shall be endorsed as follows:
(1) The insurer waives the right of subrogation against the CITY and
CITY’s elected officials, officers, employees, agents and representatives;
(2) The policies are primary and non-contributing with any insurance that
may be carried by CITY; and
(3) The policies cannot be canceled or materially changed except after
thirty (30) days notice by the insurer to the CITY REPRESENTATIVE by certified mail.
Prior to entering the Park in connection with the Event, LIONS CLUB shall furnish the
CITY REPRESENTATIVE with evidence of the insurance required by this Section,
satisfactory to the Assistant to the City Manager of CITY. Such evidence shall consist of
original certificates of insurance and amendatory endorsements, including an additional
insured endorsement using Insurance Services Office form CG 20 10 11 85.
The
endorsements shall be on forms provided by the CITY REPRESENTATIVE or on such
other forms approved by the CITY REPRESENTATIVE in writing and amended to
conform to the CITY's requirements.
LIONS CLUB shall provide complete certified
copies of all required insurance policies and endorsements promptly upon the CITY
REPRESENTATIVE’S request. LIONS CLUB may effect for its own account insurance
not required under this Agreement.
18. LIONS CLUB shall, to the maximum extent permitted by law, defend,
indemnify and save harmless CITY, its elected and appointed officials, officers, agents,
employees, and volunteers, from all liability for loss, damages of any kind, death or
injury to persons, and/or damage to property, including payment of all legal costs and
attorneys’ fees, in any manner arising out of the acts and/or omissions of LIONS CLUB,
its officers, agents, contractors, and employees, including the carnival operators, arising
out of or related to this Agreement. LIONS CLUB shall be responsible for paying all
costs incurred by the CITY to repair or replace any CITY property or facility damaged or
7
Item 09
destroyed by any LIONS CLUB invitee, employee, official, agent, or contractor, including
any carnival operator.
19.
LIONS CLUB may not assign this Agreement or any part or
obligation hereunder without the prior written consent of the CITY.
20. LIONS CLUB and its employees, officers, subcontractors, volunteers
and agents are and shall remain as to CITY, wholly independent contractors and are not
for any purpose employees of the CITY. LIONS CLUB shall be free to dispose of all
portions of its time and activities in such a manner and to such persons, firms or
activities as LIONS CLUB sees fit except as expressly provided in this Agreement.
Neither the CITY REPRESENTATIVE nor any of its agents shall have control over the
conduct of LIONS CLUB or any of its employees, except as set forth in this Agreement.
Neither LIONS CLUB nor any of its employees, officers, subcontractors, volunteers and
agents shall have the status of an employee under this Agreement, or be entitled to
participate in any insurance, medical care, vacation, sick leave or other benefits
provided by CITY to its officers or employees. LIONS CLUB shall have no power to
incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of the
CITY. LIONS CLUB shall not, at any time, or in any manner, represent that it or any of
its agents or employees are in any manner agents or employees of the CITY.
21. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Venue for any legal action shall be the Orange
County Superior Court, State of California.
22. If any legal proceeding is instituted to enforce any term or provision
of this Agreement, the prevailing party in such legal proceeding shall be entitled to
recover actual attorneys’ fees and costs from the opposing party.
23. If CITY’s facilities provided to LIONS CLUB hereunder, or any portion
thereof, shall be unavailable due to war, riot, civil insurrection or disturbance, fire, flood,
act of God or otherwise, then this Agreement shall be of no further force and effect with
8
Item 09
respect to such unavailable facilities or portions thereof and CITY shall have no
obligation to provide alternative facilities to LIONS CLUB. CITY shall not be liable to
LIONS CLUB if the Park, or any portion thereof, are unavailable for use by LIONS
CLUB.
24. This Agreement supersedes any and all other agreements, either
oral or in writing, between the parties with respect to the subject matter herein. Each
party to this Agreement acknowledges that no representation by any party, which is not
embodied herein, nor any other agreement, statement, or promise not contained in this
Agreement shall be valid or binding on the parties. This Agreement may be amended,
modified and/or expanded only with written instrument signed by all parties.
WITNESS WHEREOF the parties hereto have executed this Agreement as of
the day and year first above written.
APPROVED AS TO FORM:
__________________________
Steven L. Dorsey, City Attorney
CITY OF BUENA PARK
By _____________________________________
Mayor
ATTEST:
________________________________________
City Clerk
BUENA PARK NOON LIONS CLUB
By _____________________________________
PATRICK DONNELLY
2015 Silverado Days General Chairman
Date _________________
9
Item 09
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Item 10
MEETING DATE:
September 8, 2015
TO:
TITLE:
AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS
(RFPs) FOR TRAFFIC ENGINEERING SERVICES
RECOMMENDED ACTION: 1) Approve the Scope of Services for Traffic Engineering Services;
and 2) Authorize the Director of Public Works to solicit the RFPs and bring back the preferred
consultants to the City Council at a later date for approval.
PURPOSE: To authorize the Director of Public Works to solicit an RFP for Traffic Engineering
Services.
DISCUSSION: In recent years, the demand for traffic engineering services has increased in
Buena Park. With the change to contract signal maintenance, there has been challenges and an
additional workload placed on office staff to provide engineering support for a 24/7 signal
operation. In addition, with the upturn in the economy, there has been increased private, public,
and utility activity requiring traffic engineering review and support. Due to this increased
demand, staff recommends creating an RFP that will address the City’s needs. Such RFP may
include the following Scope of Services:
• Response to traffic engineering requests from the City’s signal maintenance contractor
(AEGIS)
• Field investigation and adjustment of traffic signals and timing
• Operation of signal coordination in the Traffic Management Center (TMC)
• Research related to citizen/business traffic requests
• Review and approval of signage and stripping plans
• Management of multiple OCTA, grant-funded Traffic Signal Synchronization Projects
(TSSP) in the City
• Review of claims and reports related to traffic accidents
• Review of site plans and traffic impact reports for private developments
• Preparation of grant applications and annual reports for Measure M2 - OCTA
• Review and approval of traffic control plans and new traffic signal improvement plans
• Coordination with in-house engineering staff on projects
The RFP process will include reviewing industry practices and alternatives for service delivery.
Staff will review submitted proposals and interview potential qualified firms. The evaluation
process will require approximately two months and the results will be presented to City Council
for final approval.
Item 10
Page 2
Meeting Date:
Subject:
September 8, 2015
AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS (RFPs) FOR
TRAFFIC ENGINEERING SERVICES
BUDGET IMPACT: There is no budget impact from releasing an RFP. Fiscal impacts will be
discussed during the final approval by the Council.
Prepared by:
Approved by:
Presented by:
Item 11
MEETING DATE:
August 25, 2015
TO:
TITLE:
AGREEMENT WITH SQLA, INC. FOR DESIGN SERVICES FOR
THE BEACH BOULEVARD STREETSCAPE IMPROVEMENTS
PROJECT – PHASE 2
RECOMMENDED ACTION: 1) Approve an agreement with SQLA, Inc. in the amount of
$37,210; 2) Authorize the City Manager and City Attorney to make any necessary, nonmonetary changes to the agreement; and 3) Authorize the City Manager and City Clerk to
execute the agreement.
PURPOSE: To hire a consultant to provide design services for the Beach Boulevard
Streetscape Improvements Project – Phase 2. This project will be funded by former
Redevelopment Agency (RDA) bond proceeds.
DISCUSSION: At the July 14, 2015, study session, staff presented an update on Phase 1 and
Phase 2 of the Beach Boulevard Streetscape Improvements Project. After discussion, Council
directed staff to proceed with Phase 2 of the project, which includes two Beach Boulevard
median segments: State Route (SR) 91 to Orangethorpe Avenue and 10th Street to 9th Street.
Two firms were asked to submit proposals to develop bid documents, provide coordination with
the California Department of Transportation (Caltrans), and deliver construction support. After
careful review and consideration, it has been determined that SQLA's proposal best meets the
City and project requirements. SQLA originally designed the on-going median landscaping
improvements on Beach Boulevard between Orangethorpe and 10th Street, adjacent to The
Source project, which is currently under construction. SQLA has also completed streetscape
designs for the Cities of Los Angeles, Huntington Park, Pomona, and Riverside.
This agreement was coordinated with the City Attorney.
BUDGET IMPACT: The cost for design services and other related support is $37,210. This task
is within the existing budget of the Beach Boulevard Streetscape Improvements Project. This
project will be funded by former Redevelopment Agency (RDA) bond proceeds (Account No. 97997400-9806).
Prepared by:
Approved by:
Presented by:
Leah Formanes, Assistant Engineer
ATTACHMENTS:
1) Agreement
2) Location Map
3) July 14, 2015 Study Session Minutes and Staff Report
Item 11
PROFESSIONAL SERVICES AGREEMENT
NO. 15-33
DATE:
September 8, 2015
PROJECT:
Design and Civil Engineering Services for the Beach Boulevard Streetscape
Improvements Project Phase 2
PARTIES TO THE AGREEMENT:
“CITY” The CITY OF BUENA PARK, a California municipal corporation
Designated Official:
Name:
David Jacobs
Title:
Assistant City Engineer
Telephone:
714-562-3679
Mailing Address:
6650 Beach Boulevard
P.O. Box 5009
Buena Park, CA 90622-5009
THE CONSULTANT
SQLA, Inc.
Name of Business
Representative:
Name:
Samuel K. Kim, ASLA
Title:
Principal
Telephone:
562-905-0800
380 N. Palm Street, Suite B
Address:
Brea, CA 92821
TERM OF SERVICE:
Commencement Date:
September 21, 2015
June 30, 2016
Not to Exceed $37,210
Completion Date:
CONTRACT AMOUNT:
APPROVED BY: ( X ) City Council
(
) City Manager
(
) Director of Public Works
APPROVED: _______________ DATE: ________
PAGE 1 OF 14
Revised: 27-Aug-15
Item 11
THIS AGREEMENT MUST BE FIRST EXECUTED BY THE CONSULTANT OR ITS
REPRESENTATIVE AND APPROVED AS TO FORM BY THE CITY ATTORNEY BEFORE
THE AGREEMENT MAY BE EXECUTED ON BEHALF OF THE CITY OF BUENA PARK.
This Professional Services Agreement (“Agreement”) is dated September 8, 2015, and
is between SQLA, Inc., a California corporation (the "CONSULTANT") and the CITY OF
BUENA PARK, a California municipal corporation (the "CITY"). The CONSULTANT and the
CITY are sometimes referred to herein collectively as the “Parties” and singularly as “Party”.
RECITALS
A.
The CITY desires to enter into this Agreement with CONSULTANT as an
independent contractor to perform the following services:
Landscape architectural design, bid document preparation, and construction observation
services for Beach Boulevard Streetscape Improvements Phase 2 from 91 Freeway to
Orangethorpe Avenue and from 10th Street to 9th Street (collectively, the “Project”).
B.
The CONSULTANT is fully qualified to perform the tasks necessary for this
Project by virtue of its experience and the training, education and expertise of its principals and
employees.
The Parties therefore agree as follows:
1.0
EMPLOYMENT OF CONSULTANT. The CITY shall engage the CONSULTANT
and the CONSULTANT shall perform the services required under this Agreement.
2.0
SCOPE OF SERVICES. The CONSULTANT shall perform during the term of
this Agreement, those services set forth in the “Scope of Work” on pages 1-2 of the
CONSULTANT’s PROPOSAL, dated August 24, 2015, attached hereto as Exhibit "A"
(collectively, the “Services”), all to CITY’s reasonable satisfaction. The CONSULTANT shall
commence performance of the Services upon receipt of a written notice from the Designated
Official authorizing the CONSULTANT to proceed, and only to the extent of such authorization.
The CITY may, from time to time, request changes in the scope of services of the
CONSULTANT to be performed under this Agreement. Such changes shall be in the form of a
written amendment to this Agreement signed by both Parties and shall include any additional
compensation agreed to by the Parties.
3.0
TIME OF PERFORMANCE. The CONSULTANT shall commence performance
of the Services immediately upon receipt of a written notice for such services from the
Designated Official and shall perform the Services with reasonable diligence consistent with
professional skill and care for like professionals under similar circumstances, and otherwise as
required herein.
4.0
TERM. The term of this Agreement shall commence on September 21, 2015,
and shall remain in full force and effect until June 30, 2016, unless sooner terminated as
provided in Section 10 of this Agreement.
5.0
COMPENSATION. As full and complete compensation for CONSULTANT’s
services provided under this Agreement, CITY shall pay CONSULTANT the total “NOT-TOAPPROVED: _______ DATE: _________
PSA # 15-33
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R:\Projects\97\Beach Streetscape Improvements\Phase 2\BP - PSA No 15-33 91 to Orangethorpe (SQLA Inc ).doc
Item 11
EXCEED” amount of $37,210, as set forth on page 3 of Exhibit “A” based on the standard
hourly billing rates set forth on page 4 of Exhibit A. No claims for additional compensation shall
be allowed unless authorized in advance by the CITY in writing. Any additional work or
expenses authorized by the CITY shall be compensated at the standard hourly billing rates set
forth on page 4 of Exhibit “A”, or, if not specified, at a rate agreed to by the Parties. The CITY
shall make payment for additional services and expenses in accordance with Section 6.0 of this
Agreement.
6.0
PAYMENT. Each month, the CONSULTANT shall submit invoices to the CITY
for the services performed and any authorized reimbursable expenses incurred. The invoices
shall describe in detail the services rendered during each day of the period, and shall show the
days worked, personnel performing the services, number of hours worked, the hourly rates
charged, milestone achievements, and, if applicable, reimbursable expenses incurred, including
blueprinting, plotting, messenger service and travel expense. The CONSULTANT shall remit
the invoices to the address for the CITY specified on page one of this Agreement. The CITY
shall review all invoices and notify the CONSULTANT in writing within ten (10) business days of
any disputed amounts. The CITY shall pay all undisputed portions of the invoice within thirty
(30) calendar days after receipt, up to the maximum compensation amount set forth in Section
5.0 of this Agreement. The CITY shall not withhold federal or state payroll or other taxes, or
make deductions, from payments made to the CONSULTANT.
7.0
STANDARD OF SKILL. The CONSULTANT warrants that it possesses the
professional expertise necessary to perform the Services. The CITY relies upon the skill of the
CONSULTANT, and the CONSULTANT's staff, if any, to do and perform the Services in a
skillful, competent, and professional manner, and the CONSULTANT and CONSULTANT’s
staff, shall perform the Services in such manner. The CONSULTANT shall, at all times, meet or
exceed any and all applicable professional standards of care. The acceptance of the
CONSULTANT's work by the CITY shall not operate as a release of the CONSULTANT from
such standard of care and workmanship.
8.0
INDEPENDENT CONTRACTOR. The CONSULTANT is retained by the CITY
only to the extent set forth in this Agreement, and the CONSULTANT's relationship to the CITY
is that of an independent contractor. The CONSULTANT shall be free to dispose of all portions
of the CONSULTANT's time and activities that the CONSULTANT is not obligated to devote to
the CITY in such a manner, and to such persons, firms or corporations, as the CONSULTANT
sees fit except as expressly provided in this Agreement. Neither the CITY nor any of its agents
shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's
employees, except as set forth in this Agreement. The CONSULTANT shall not have the status
of an employee under this Agreement, or be entitled to participate in any insurance, medical
care, vacation, sick leave or other benefits provided for the CITY's officers or employees. The
CONSULTANT shall have no power to incur any debt, obligation or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. The CONSULTANT shall not, at any
time, or in any manner, represent that it or any of its agents or employees are in any manner
agents or employees of the CITY. The CONSULTANT shall pay all required taxes on amounts
paid to the CONSULTANT under this Agreement, and indemnify and hold the CITY harmless
from any and all taxes, assessments, penalties and interest asserted against the CITY by
reason of the independent contractor relationship created by this Agreement.
The
CONSULTANT shall fully comply with applicable workers’ compensation laws regarding the
CONSULTANT and the CONSULTANT’s employees. The CONSULTANT shall indemnify and
hold the CITY harmless from any failure of the CONSULTANT to comply with applicable
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 3 OF 15
Item 11
workers’ compensation laws. The CITY may offset against the amount of any compensation
due to the CONSULTANT under this Agreement any amount due to the CITY from the
CONSULTANT as a result of the CONSULTANT’s failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Section 8.0.
9.0
INDEMNIFICATION. The CONSULTANT and the CITY agree that the CITY, its
employees, agents and officials should, to the fullest extent permitted by law, be fully protected
from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys fees, litigation
costs, defense costs, court costs or any other cost arising out of or in any way related to the
performance of this Agreement. Accordingly, the provisions of this indemnity provision are
intended by the Parties to be interpreted and construed to provide the fullest protection possible
under the law to the CITY and the Indemnitees. The CONSULTANT acknowledges that the
CITY would not have entered into this Agreement in the absence of the commitment of the
CONSULTANT to indemnify and protect the CITY and the Indemnitees, as set forth in this
Agreement.
9.1
Indemnity for Design Professional Services. To the fullest extent
permitted by law, the CONSULTANT shall, at its sole cost and expense, indemnify and hold
harmless the CITY, its elected officials, officers, attorneys, agents, employees, designated
volunteers, successors, assigns and those CITY agents serving as independent contractors in
the role of CITY officials (collectively “Indemnitees” in this Section 9.0), from and against any
and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants
and other professionals, and all costs associated therewith, and reimbursement of attorneys’
fees and costs of defense (collectively “Claims”), whether actual, alleged or threatened, which
arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful
misconduct of the CONSULTANT, or its officers, agents, servants, employees, subcontractors,
contractors or their officers, agents, servants or employees (or any entity or individual that the
CONSULTANT shall bear the legal liability thereof) in the performance of design professional
services under this Agreement by a “design professional,” as the term is defined under
California Civil Code § 2782.8(c)(2).
9.2
Other Indemnities. Other than in the performance of professional
services, and to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and
expense, to protect, defend, hold harmless and indemnify the Indemnitees from and against
any and all damages, costs, expenses, liabilities, claims, demands, causes of action,
proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of
accountants, attorneys and other professionals, and all costs associated therewith, and the
payment of all consequential damages (collectively “Damages”), in law or equity, whether
actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of
CONSULTANT, its officers, agents, servants, employees, subcontractors, materialmen,
suppliers, or contractors, or their officers, agents, servants or employees (or any entity or
individual that CONSULTANT shall bear the legal liability thereof) in the performance of this
Agreement, including the Indemnitees’ active or passive negligence, except for Damages
arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final
arbitration or court decision or by the agreement of the Parties. CONSULTANT shall defend
the Indemnitees in any action or actions filed in connection with any Damages with counsel of
the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and
experts’ costs actually incurred in connection with such defense. CONSULTANT shall
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 4 OF 15
Item 11
reimburse the Indemnitees for any and all legal expenses and costs incurred by the
Indemnitees in connection therewith.
9.3
The obligations of the CONSULTANT under this or any other provision of
this Agreement shall not be limited by the provisions of any workers’ compensation act or
similar act. The CONSULTANT expressly waives any statutory immunity under such statutes or
laws as to the Indemnitees. The CONSULTANT’s indemnity obligation set forth in this Section
9.0 shall not be limited by the limits of any policies of insurance required or provided by the
CONSULTANT pursuant to this Agreement.
9.4
The CONSULTANT’s covenant under this Section 9.0 shall survive the
expiration or termination of this Agreement.
10.0 TERMINATION OF AGREEMENT. The CITY may terminate this Agreement at
any time during the term of the Agreement by giving the CONSULTANT not less than thirty (30)
calendar days’ prior written notice. The CONSULTANT may only terminate this Agreement for
cause, and by giving the CITY prior notice in writing with a reasonable opportunity to cure any
purported default. If the Agreement is terminated by the CITY, and provided CONSULTANT is
not then in breach, the CONSULTANT shall be paid for services satisfactorily rendered to the
last working day the Agreement is in effect, and the CONSULTANT shall have no other claim
against the CITY by reason of such termination. This Agreement may be extended beyond the
term only by the written agreement of both Parties prior to the expiration of the term of the
Agreement.
11.0 SAFETY REQUIREMENTS. All work performed under this Agreement shall be
performed in such a manner as to provide safety to the public and to meet or exceed the safety
standards outlined by CAL OSHA. The CITY may issue restraint or cease and desist orders to
the CONSULTANT when unsafe or harmful acts are observed or reported relative to the
performance of the Services. The CONSULTANT shall maintain the work sites free of hazards
to persons and property resulting from its operations. The CONSULTANT shall immediately
report to the CITY any hazardous condition noted by the CONSULTANT.
12.0 MANDATORY INSURANCE. The CONSULTANT shall maintain the following
insurance coverage throughout the term of this Agreement, and, upon the CITY’s request, the
CONSULTANT shall provide the CITY with evidence of such coverage, which may include
visual inspection of all policies, copies of declarations page, endorsements signed by an
authorized representative of the underwriting company, or certificates of insurance. Insurance
coverage shall be provided in the forms and coverage amounts set forth in this Section 12.0.
12.1 Minimum Scope of Insurance.
policies with coverage at least as broad as:
The CONSULTANT shall maintain
(a)
Insurance Services Office Commercial General Liability insurance
(occurrence Form Number CG 00 01).
(b)
Automobile Liability insurance with coverage at least as broad as
Insurance Services Office Form Number CA 0001 covering “Any Auto” (Symbol 1).
(c)
Workers Compensation insurance as required by the State of
California, and Employer's Liability insurance.
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 5 OF 15
Item 11
(d)
Professional Liability Insurance.
12.2 Minimum Limits of Insurance.
insurance coverage limits not less than:
The CONSULTANT shall maintain
(a)
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, and shall contain specific language creating a duty to defend against any suit seeking
damages.
(b)
Automobile Liability: $1,000,000 per accident for bodily injury and
(c)
Employer's Liability: $1,000,000 per accident for bodily injury or
property damage.
disease.
(d)
Professional Liability: $2,000,000 per occurrence, with an
extended reporting period of not less than two (2) years.
12.3 Deductibles and Self-insured Retentions:
Any deductibles or
self-insured retentions must be declared to and approved by the CITY prior to the
CONSULTANT commencing any work under this Agreement. At the CITY’s option, either: (i)
the insurer shall reduce or eliminate the deductibles or self–insured retentions with respect to
the CITY, its elected officials, officers, attorneys, agents, employees and designated volunteers;
or (ii) the CONSULTANT shall provide a bond or other financial guarantee, satisfactory to the
CITY, guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
12.4 Required Endorsements.
Section 12.0 shall be endorsed as follows:
Each insurance policy required by this
(a)
Except with respect to any employer’s liability or professional
liability/errors and omission liability policies required by this Section 12.0, the CITY, its elected
officials, officers, attorneys, agents, employees, independent contractors serving in the role of
city officials and designated volunteers shall be named as additional insureds (collectively,
“Additional Insureds” sometimes hereafter in this Section 12.0).
(b)
Additional Insured Endorsements shall not:
(1)
Be limited to “Ongoing Operations”;
(2)
Exclude “Contractual Operations”;
(3)
Restrict
(4)
Contain any other exclusion contrary to this Agreement.
coverage
to
the
“Sole”
liability
of
the
CONSULTANT; or
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 6 OF 15
Item 11
(c)
For any claims related to the Project, this Agreement or the
services performed under this Agreement, the CONSULTANT's insurance coverage shall be
primary to any other similar insurance carried by the CITY. Any insurance or self-insurance
maintained by the CITY or any of the Additional Insureds, shall be in excess of the
CONSULTANT's insurance and shall not be called upon to contribute with it.
(d)
All insurance coverage shall contain a provision that prohibits
cancellation, modification or lapse without thirty (30) calendar days' prior written notice from
insurer to the CITY. The notice shall be provided via certified mail, return receipt requested.
The CONSULTANT shall require its insurer to modify the applicable policy and all certificates of
insurance to delete any exculpatory wording stating that failure of the insurer to mail written
notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to
any notice provisions.
(e)
Each policy shall be endorsed to state that the insurer waives the
right of subrogation against the CITY and its officers, employees, agents, independent
contractors serving in the role of city officials and designated volunteers.
12.5
agree as follows:
Other Insurance Provisions. The CONSULTANT and the CITY further
(a)
All insurance coverage and limits provided pursuant to this
Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing
contained in this Agreement or any other agreement relating to the CITY or its operations limits
the application of the insurance coverage.
(b)
Requirements of specific coverage features or limits contained in
this Section 12.0 are not intended as a limitation on coverage, limits or other requirements, or a
waiver of any coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only and is not intended by any Party to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
(c)
All insurance coverage
operations pursuant to the terms of this Agreement.
shall
cover
the
CONSULTANT’s
(d)
Any actual or alleged failure on the part of the CITY or any other
additional insured under these requirements to obtain proof of insurance required under this
Agreement in no way waives any right or remedy of the CITY or any additional insured, in this
or any other regard.
(e)
In the event any policy of insurance required under this
Agreement does not comply with these requirements or is canceled and not replaced, the CITY
has the right, but not the duty, to obtain the insurance it deems necessary and the
CONSULTANT shall promptly reimburse to the CITY any premium paid by the CITY.
(f)
The CONSULTANT shall provide immediate notice to the CITY of
any claim or loss against the CONSULTANT that includes the CITY or any of the Additional
Insureds as a defendant. The CITY assumes no obligation or liability from the notice. The
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 7 OF 15
Item 11
CITY shall have the right, but not the duty, to monitor the handling of the claim or claims if they
are likely to involve the CITY.
12.6 Acceptability of Insurers. All insurance coverage required by this
Section 12.0 shall be written by insurers admitted to conduct business in the State of California
by the Department of Insurance and rated “A:VIII” in the most recent A.M. Best's Insurance
Rating Guide.
12.7 Verification of Coverage. The CONSULTANT shall furnish the CITY
with evidence of the insurance required by this Section 12.0, satisfactory to the CITY. The
evidence shall consist of original certificates of insurance and amendatory endorsements,
including an additional insured endorsement. The endorsements shall be on forms provided by
the CITY or on such other forms approved by the CITY in writing, and amended to conform to
the CITY's requirements. The CONSULTANT shall file all certificates of insurance and fully
executed endorsements with the CITY before commencing performance of the Services.
Thereafter, the CONSULTANT shall provide proof that the policies of insurance required under
this Agreement and expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. The CONSULTANT shall furnish such
proof to the CITY prior to the expiration of the affected coverages. The CITY may require
complete, certified copies of all required insurance policies, including endorsements effecting
the coverage required by these specifications at any time. The CONSULTANT shall provide
complete copies of policies to the CITY upon request.
12.8 Subcontractors. The CONSULTANT shall include all subcontractors, or
any other party involved in the performance of the Services, as insureds under its policies or
shall require subcontractors or any other party involved in the Project by the CONSULTANT to
carry the same insurance as required in this Section 12.0. The CONSULTANT shall obtain
certificates evidencing the coverage and make reasonable efforts to ensure that the coverage is
provided as required in this Section 12.0. The CONSULTANT shall require that no contract
used by any subcontractor, or contract the CONSULTANT enters into on behalf of the CITY,
shall reserve the right to charge back to the CITY the cost of insurance required by this
Agreement. The CONSULTANT shall, upon request, submit to the CITY for review, all
agreements with subcontractors or others with whom the CONSULTANT contracts with on
behalf of the CITY, and all certificates of insurance obtained in compliance with this Section
12.8. The CITY’s failure to request copies of the documents shall not impose any liability on
the CITY, or its employees, or be deemed a waiver of any of the CITY’s rights.
13.0
WORK PRODUCT.
13.1 Deliverables. The CONSULTANT shall, in such time and in such form
as the CITY may require, furnish reports concerning the status of services required under this
Agreement. The CONSULTANT shall, upon request by the CITY and upon completion or
termination of this Agreement, deliver to the CITY all material furnished to the CONSULTANT
by the CITY.
13.2
Ownership.
(a) All draft and final reports, documents and other written material, and
any and all images, ideas, concepts, designs including website designs, source code, object
code, electronic data and files or other media whatsoever, created or developed by the
APPROVED: _______ DATE: _________
PSA # 15-33
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Item 11
CONSULTANT in the performance of this Agreement (collectively, “Work Product”) shall be
considered to be “works made for hire” for the benefit of the CITY. All Work Product and any
and all intellectual property rights arising from their creation, including all copyrights and other
proprietary rights, shall be and remain the property of CITY without restriction or limitation upon
their use, duplication or dissemination by the CITY upon final payment being made. The
CONSULTANT shall not obtain or attempt to obtain copyright protection as to any of the Work
Product.
(b) The CONSULTANT hereby assigns to the CITY all rights of
ownership to the Work Product, including any and all related intellectual property and
proprietary rights that are not otherwise vested in the CITY pursuant to subsection (a) above.
(c) The CONSULTANT warrants and represents that it has secured all
necessary licenses, consents or approvals necessary to the production of the Work Product,
and that upon final payment, the CITY shall have full legal title to the Work Product, and full
legal authority and the right to use and reproduce the Work Product for any purpose. The
CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers,
employees, servants, attorneys, designated volunteers and agents serving as independent
contractors in the role of city officials, harmless from any loss, claim or liability in any way
related to a claim that the CITY’s use of any of the Work Product is violating federal, state or
local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses,
franchises, copyrights, patents or other means of protecting intellectual property rights or
interests in products, ideas or inventions. Consultant shall bear all costs arising from the use of
patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices
or processes in connection with its provision of the Work Product produced under this
Agreement. In the event any the use of any of the Work Product or other deliverables
hereunder by the CITY is held to constitute an infringement and the use of any of the same is
enjoined, CONSULTANT, at its expense, shall: (a) secure for the CITY the right to continue
using the Work Product and other deliverables by suspension of any injunction, or by procuring
a license or licenses for the CITY; or (b) modify the Work Product and other deliverables so that
they become non-infringing while remaining in compliance with the requirements of this
Agreement. The CONSULTANT’s covenants under this Section 13.2 shall survive the
expiration or termination of this Agreement.
13.3 Confidentiality.
Except as otherwise required by law, the
CONSULTANT shall not disclose, publish or authorize others to disclose or publish, design
data, drawings, specifications, reports or other information pertaining to the Project assigned to
the CONSULTANT by the CITY or other information to which the CONSULTANT has had
access during the term of this Agreement without the Designated Official’s prior written
approval. CONSULTANT’s covenant under this Section 13.3 shall survive the expiration or
termination of this Agreement.
13.4 Records. The CONSULTANT shall maintain complete and accurate
records with respect to sales, costs, expenses, receipts and other such information relating to
the Services, as required by the CITY or the Designated Official. The CONSULTANT shall
maintain adequate records on services provided in sufficient detail to permit an evaluation of
the Services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. At all times during
regular business hours, the CONSULTANT shall provide access to such books and records to
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 9 OF 15
Item 11
the Designated Official, or his or her designees, and shall give the Designated Official, or his or
her designees, the right to examine and audit such books and records and to make transcripts
as necessary, and shall allow inspection of all work, data, documents, proceedings and
activities related to this Agreement.
14.0 ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to the
CONSULTANT, and the CITY has entered this Agreement in reliance on the CONSULTANT’s
skill, competence and experience. The CONSULTANT shall not assign any of its rights or
delegate any of its duties under this Agreement, either in whole or in part, without the CITY’s
prior written consent, by and through the Designated Official. The CITY’s consent to an
assignment of rights under this Agreement shall not release the CONSULTANT from any of its
obligations or alter any of its obligations to be performed under this Agreement. Any attempt at
assignment or delegation by the CONSULTANT in violation of this Section 14.0 shall be void
and of no effect and shall entitle the CITY to immediately terminate this Agreement for cause.
The CONSULTANT's services under to this Agreement shall be provided by the Representative
or directly under the supervision of the Representative and the CONSULTANT shall not assign
another to supervise the CONSULTANT's performance of this Agreement without the CITY’s
prior written approval, by and through the Designated Official. As used in this Section 14.0,
“assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or
other transfer of all or any portion of the rights, obligations or liabilities in or arising from this
Agreement to any person or entity, whether by operation of law or otherwise, and regardless of
the legal form of the transaction in which the attempted transfer occurs. The CONSULTANT
shall not subcontract any performance required under this Agreement without the CITY’s prior
written consent.
15.0
MISCELLANEOUS TERMS.
15.1 Nuisance. The CONSULTANT shall not maintain, commit or permit the
maintenance or commission of any nuisance in connection with the performance of services
under this Agreement.
15.2 Permits and Licenses. The CONSULTANT, at its sole expense, shall
obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and
certificates that may be required in connection with the performance of services under this
Agreement.
15.3 Conflicts of Interest.
The CONSULTANT shall comply with all
applicable federal, state and local conflict of Interest laws, including the Political Reform Act
(Cal. Gov. Code, § 81000 et seq.) and California Government Code Section 1090. During the
term of this Agreement, the CONSULTANT may perform similar services for other clients, but
the CONSULTANT and its officers, employees, associates and subconsultants shall not,
without the City Manager’s prior written approval , perform work for another person or entity for
whom the CONSULTANT is not currently performing work that would require the
CONSULTANT, or one of its officers, employees, associates or subconsultants, to abstain from
a decision under this Agreement pursuant to a conflict of interest statute.
15.4 Waiver. No delay or omission to exercise any right, power or remedy
accruing to the CITY under this Agreement shall impair any right, power or remedy of the CITY,
nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver by the
CITY of any breach, any failure of a condition, or any right or remedy under this Agreement
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 10 OF 15
Item 11
shall be: (1) effective unless it is in writing and signed by the Party making the waiver; (2)
deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or
remedy; or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
15.5 Accomplishment of Project. The CONSULTANT shall commence,
carry on and complete its assignments with all practicable dispatch, in a sound, economical,
and efficient manner in accordance with all applicable laws and generally accepted industry and
applicable professional standards.
15.6 Captions for Convenience Only. The titles of the sections, subsections
and paragraphs set forth in this Agreement are inserted for convenience and reference only
and shall be disregarded in construing or interpreting any of the provisions of this Agreement
and the rights or obligations of the Parties to this Agreement.
15.7 Word Usage. Unless the context clearly requires otherwise, (a) the word
“shall” is mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or
“including” are not limiting.
15.8 Notices. Any notice, consent, request, demand, bill, invoice, report or
other communication required or permitted under this Agreement shall be given in writing to the
person at the addresses specified on first page of this Agreement and deemed effective: (a) on
personal delivery, (b) on confirmed delivery by courier service during the CONSULTANT’s and
the CITY’s regular business hours, or (c) three business days after deposit in the United States
mail, by first class mail, postage prepaid. Either Party may change the specified person or
address at which it is to receive notices by advising the other Party in writing.
15.9 No Third Party Beneficiaries. This Agreement is made solely for the
benefit of the Parties to this Agreement and their respective successors and assigns, and no
other person or entity may have or acquire a right by virtue of this Agreement.
15.10 When Rights and Remedies Not Waived. In no event shall the making
by the CITY of any payment to the CONSULTANT constitute or be construed as a waiver by the
CITY of any breach of covenant, or any default that may then exist, on the part of the
CONSULTANT, and the making of any such payment by the CITY while any such breach or
default shall exist shall in no way impair or prejudice any right or remedy available to the CITY
with regard to such breach or default.
15.11 Cost of Litigation. If any legal action is necessary to enforce any
provision of this Agreement or for damages by reason of an alleged breach of any provisions of
this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to
receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the
courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be
bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the
full amount of costs, expenses and attorneys' fees paid or incurred in good faith.
15.12 Compliance with Laws. In the performance of the work required by this
Agreement, the CONSULTANT shall abide by and conform with and to any and all applicable
laws of the United States and the State of California, and with the CITY's Municipal Code,
ordinances, regulations and policies. Further, this Agreement may call for services that, in
whole or in part, constitute “public works” as defined in the California Labor Code. Therefore,
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 11 OF 15
Item 11
as to those services that are “public works,” the CONSULTANT shall comply in all respects with
the applicable provisions of the California Labor Code, including those set forth in Exhibit “B,”
attached hereto.
15.13 Severability. If any part, term or provision of this Agreement shall be
held illegal, unenforceable or in conflict with any law of a federal, state, or local government
having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall
not be affected by such holding.
15.14 Governing Law. The terms of this Agreement, and any dispute arising
from the relationship between the Parties to this Agreement, shall be governed by and
construed in accordance with the laws of the State of California, without regard for its conflicts
of laws principles, except that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not be applied in interpreting this Agreement. Any
dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be
resolved in superior or federal court with geographic jurisdiction over the City of Buena Park.
15.15 Integrated Agreement and Modificaiton of Agreement.
This
Agreement, and all exhibits referred to in this Agreement, constitutes the final, complete and
exclusive statement of the terms of the agreement between the CITY and the CONSULTANT
with respect to the subject matter of this Agreement. This Agreement supersedes all prior or
contemporaneous oral or written negotiations, representations or agreements of the Parties.
No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement.
No Party has been induced to enter into this Agreement by, nor is any Party relying on, any
representation or warranty except those expressly set forth in this Agreement. This Agreement
may be modified only by a writing signed by both Parties.
15.16 Authority to Bind Parties. Each of the undersigned hereby represents
that he or she has the authority to execute this Agreement on behalf of his or her contracting
Party.
15.17 Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated into this Agreement by this reference, except that
Conditions D., F., G. and H. on page 3 of Exhibit “A” are null and void and not incorporated into
this Agreement. In the event of any inconsistency between the express provisions of this
Agreement and any provision of an exhibit, the provisions of this Agreement, then the CITY’s
request for proposals, if any, shall prevail.
15.18 Time of the Essence. Time is of the essence in respect to all provisions
of this Agreement that specify a time for performance.
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 12 OF 15
Item 11
In recognition of the obligations stated in this Agreement, the Parties have executed this
Agreement on the date indicated above.
CITY OF BUENA PARK
CONSULTANT*
a California municipal corporation
SQLA, Inc., a California Corporation
Name of Business
Signature
Signature
Name:
James B. Vanderpool
Name:
Title:
City Manager
Title:
Signature
Name:
Title:
*
Please note, two signatures required for corporations pursuant to California
Corporations Code Section 313, unless corporate documents provided to the City
authorize only one person to sign this Agreement on behalf of the corporation.
ATTEST:
(SEAL)
_____________________________________
_____________________________________
Steven L. Dorsey, City Attorney
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 13 OF 15
Item 11
EXHIBIT “B”
CALIFORNIA LABOR CODE COMPLIANCE
[Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700]
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined
in the California Labor Code, then:
1.
This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works
and the awarding public agency (“City”) and Consultant agree to be bound by all the
provisions thereof as though set forth in full herein.
2.
Consultant shall be registered with the Department of Industrial Relations (“DIR”) in
accordance with California Labor Code Section 1725.5 and has provided proof of
registration to CITY prior to the Effective Date of this Agreement.
3.
Consultant agrees to comply with the provisions of California Labor Code Sections
1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers
and the penalties for failure to pay prevailing wages. The applicable prevailing wage
determination(s)
may
be
obtained
at
(http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and
are available to any interested party upon request. Consultant shall, as a penalty to the
City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion
thereof, for each worker paid less than the prevailing rates as determined by the
Director of Industrial Relations for the work or craft in which the worker is employed for
any public work done under this Agreement by Consultant or by any subcontractor.
4.
Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to
compliance monitoring and enforcement by the Department of Industrial Relations.
Consultant shall post job site notices as prescribed by DIR regulations and furnish the
records specified in California Labor Code Section 1776 directly to the Labor
Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3)
and (c)(2).
5.
Consultant shall comply with the provisions of California Labor Code Section 1776
which, among other things, require Consultant and each subcontractor to (1) keep
accurate payroll records, (2) certify and make such payroll records available for
inspection as provided by Section 1776, and (3) inform the City of the location of the
records. The Consultant is responsible for compliance with Section 1776 by itself and all
of its subcontractors.
6.
Consultant shall comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees
that Consultant is responsible for compliance with Section 1777.5 by itself and all of its
subcontractors.
7.
Consultant shall comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. The Consultant shall, as a
penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the
execution of this Agreement by the Consultant or by any subcontractor for each
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 14 OF 15
Item 11
calendar day during which such worker is required or permitted to work more than eight
(8) hours in any one calendar day and forty (40) hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California
Labor Code.
8.
California Labor Code Sections 1860 and 3700 provide that every contractor will be
required to secure the payment of compensation to its employees. In accordance with
the provisions of California Labor Code Section 1861, Consultant 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 Agreement.”
Date _______________ Signature ____________________________________
APPROVED: _______ DATE: _________
PSA # 15-33
PAGE 15 OF 15
EXHIBIT
"A"
Item
11
SQLA INC.
LANDSCAPEARCHITECT.DESIGNER.SCULPTOR.LANDSCAPE ARCHITECT.DESIGNER.SCULPTOR
August 24, 2015
Ms. Leah Formanes
Assistant Engineer
City of Buena Park
Department of Public Works
6650 Beach Boulevard
Re:
Landscape Architectural Design and Civil Engineering Services for Beach Blvd. Median
Islands: 91 Fwy. To Orangethorpe Avenue and 10th Street to 9th Street
Dear Ms. Formanes:
In response to your request, we are pleased to submit the following proposal for your
consideration and approval.
SCOPE OF WORK
The scope of work for this proposal consists of Landscape design and Civil Engineering for
the two existing beach Blvd. median islands extending north from 91 Fwy. To Orangethorpe
Avenue and one existing Beach Blvd. Median Island extending north from 10th Street to 9th
Street.
The landscape architectural design and Civil Engineering scope of work will be provided in
two phases:
A. Construction Documents
- Survey Work
1. Three median island survey will entail the following:
Edge of gutter on each side of the median. Spot elevations at approximately
50’ intervals. Surface evidence of utilities in the median, and trees over 4” trunk
diameter. The survey will be tied to an agency benchmark showing centerlines
per underlying records and existing survey monuments. The survey will be
provided in Autocad.
SQLA
INC.
380 N. Palm Street Suite B
Brea CA. 92821
T 562 905 0800
Proposal: Beach Blvd. Median Island
(91 to Orangethorpe & 10th to 9th Street)
Item 11
T 213 383 1788
F 562 905 0880
-
Landscape Architecture
1.
Prepare planting plan with the landscape palette established by AECOM on
ST-971 drawings.
Prepare irrigation plan with drip system and Root Zone Watering System for
Palm Trees.
Planting and irrigation specifications.
2.
3.
4.
5.
-
Estimate of probable cost for planting and irrigation construction.
Assist in coordination of Cal Trans submittal and plan check corrections for
both City of Buena Park and Cal Trans.
Civil Engineering (10th to 9th Street only)
1.
2.
3.
4.
Replace existing 6” curb at proposed Palm Tree locations with 12” curb/gutter
transitions.
Provide typical cross sections.
Civil plans per City of Buena Park standards.
Plan check corrections with City Engineer.
B. Bidding/ Construction Observation
1. Bid support by responding to RFI (Request for Information) and clarification
request during bidding.
2. Review shop drawing, product data, and samples for compliance to design.
3. Respond to RFI (Request for Information), clarification and change order request
during construction.
4. Field condition and value engineering drawing revisions and detail changes.
5. Participate on construction coordination conference calls on an as needed basis.
6. Site visits during construction to monitor progress of construction for timeliness
and quality control.
7. Preparation of as-built drawings upon completion of construction.
Notes: 1.
2.
3
The proposed landscape design will conform to City of Buena Park Beach
Boulevard Streetscape Project “A” Planting design and its planting palette.
The median island landscape will comply with Caltrans requirements.
Coordination with Caltrans will be provided by City of Buena Park.
Utility, striping and traffic control are not included in this work scope.
CONDITIONS
Item 11
A.
Owner or Architect shall provide all necessary information and documents in the
form of survey, reports, and drawings required for the Landscape Architect to
proceed.
B.
All base sheets illustrating location and extent of landscape development shall be
provided by Owner or Architect.
C.
Irrigation engineering fees are included in the Landscape Architect’s fee. Other
engineering fees, governmental permits and fees, and agronomy reports are not part
of the Landscape Architect’s fee.
D.
If the Owner finds it necessary to abandon the project, the Landscape Architect’s fee
shall be compensated for all work completed under the scope of landscape
architectural services according to the schedule of payments designated under the
fee schedule.
E.
Additional services when requested by Owner, will be invoiced monthly based on the
standard hourly rates as described in fee schedule or on a fixed fee established
when the additional services are authorized by the Owner.
F.
Landscape architectural services may be terminated upon 10 days written notice for
good reasons by either party. In this event, SQLA INC. shall be compensated for all
work performed prior to the date of termination.
G.
All questions in dispute under this Agreement shall be submitted to arbitration at the
choice of either party in accordance with the rules of the American Arbitration
Association, and judgment upon any award rendered may be entered in any court
having jurisdiction.
H.
Drawings and specifications instruments of service are the property of the Landscape
Architect and are not to be used on other work except by written agreement with
the Landscape Architect. This proposal shall be considered revoked if acceptance is
not received within 90 days of the date thereof.
COMPENSATION
The landscape architectural service will be provided in two phases for the following lump
sum fee:
A. Construction Documents
1. Survey work
$9,000
2. Landscape Architecture
$13,710
3. Civil Engineering
$3,000
B. Bidding/Construction Observation
$11,500
(including Civil Engineering)
$37,210
Item 11
Standard hourly billing rate will apply to all approved additional service:
Principal
Associate
Staff (Auto Cad)
Clerical
Note:
$150/hr.
$100/hr.
$ 70/hr.
$ 50/hr.
1. There will be a two hour min. charge for each site visit or jobsite meeting.
SQLA will submit invoices for payment due on a monthly basis. Invoices rendered must
show work performed plus an itemization of reimbursable expenses incurred, such as
blueprinting, plotting, messenger service and travel expense. These expenses will be billed
at direct cost.
If there is a need for clarification or there are any questions, please do not hesitate to
contact me. We look forward to providing the best possible landscape architectural services
on this project.
An authorized signature in the space provided below will convert this proposal to an
agreement and this will be our contract. Please sign the original and return it to us and keep
a copy for your own files.
Sincerely,
Accepted by:
Samuel K. Kim, ASLA
Principal
LA#3249
_________________________________
Ms. Leah Formanes
City of Buena Park
Department of Public Works
Item 11
Phase 2
LIMITS: BEACH BOULEVARD FROM
10TH STREET TO 9TH STREET, AND
SR-91 TO ORANGETHORPE AVENUE
Item 11
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Item 12
AGENDA REPORT TO SUCCESSOR AGENCY
MEETING DATE:
September 8, 2015
TO:
TITLE:
CERTIFICATE OF COMPLETION FOR PHASE I OF THE
SOURCE PROJECT LOCATED AT 6988 BEACH BOULEVARD
RECOMMENDED ACTION: 1) Approve the Certificate of Completion for The Source Project at
6988 Beach Boulevard; and 2) Authorize the Executive Director/City Manager and City Clerk to
execute the Certificate.
PURPOSE: To approve the Certificate of Completion and meet the performance requirement of
the DDA for the first phase of The Source Project.
DISCUSSION: In October 2010, the City’s former Redevelopment Agency approved a
Disposition and Development Agreement (DDA) with The Source at Beach, LLC, to develop a
mixed-use retail, office, entertainment and residential development. The schedule of
performance requires completing construction of the 428,000 first phase retail building shell
within two years of September 2012. In July 2014, the City Council/Successor Agency and
Oversight Board approved an extension of the deadline for completion of the building shell
construction to September 30, 2015. The State Department of Finance (DOF) approved the
extension in November 2014.
The retail building shell is complete per the requirements of the DDA. Retail tenants have
started to submit store-front and interior improvement plans for review by the Community
Development Department. The Developer intends to open the first grouping of stores in
January 2016. The DDA requires that the Successor Agency furnish the Developer with a
recordable Certificate of Completion upon satisfactory completion of the Phase I Improvements.
A Certificate of Completion per the DDA should not be confused with a Certificate of
Occupancy, which is issued by the City Building Official certifying that the building
improvements are suitable for occupancy by the general public.
Legal counsel to the Successor Agency has reviewed the form of the document, but not the
legal description.
Prepared by:
Approved by:
Presented by:
ATTACHMENT:
1) Certificate of Completion
Item 12
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
Successor Agency to the Community Redevelopment
Agency of the City of Buena Park
c/o City of Buena Park
6650 Beach Blvd.
Attn: City Clerk
With a copy to:
The Source at Beach, LLC
3100 East Imperial Highway
Lynwood, California 90262
Attn: Donald Chae
FREE RECORDING REQUESTED
(Gov't Code Section 6103)
(Space Above For Recorder's Use)
CERTIFICATE OF COMPLETION
THIS CERTIFICATE OF COMPLETION (this "Certificate") is dated as of September 8,
2015, and is executed by the SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF BUENA PARK (the "SA")in favor of THE
SOURCE AT BEACH,LLC,a California limited liability company (the "Developer").
The Community Redevelopment Agency of the City of Buena Park (the "RDA")
A.
and Developer entered into a Disposition and Development Agreement dated October 26, 2010
as amended (the "DDA"). Capitalized terms not defined herein shall have the meanings assigned
to them in the DDA.
The RDA has been dissolved by operation of law, and the SA has succeeded to
B.
the RDA's rights and obligations under the DDA.
Pursuant to the DDA,the Developer agreed to construct certain improvements on
C.
the Site, including the Phase I Improvements (as defined in the DDA).
The DDA provides that the SA shall furnish the Developer with a recordable
D.
Certificate of Completion upon satisfactory completion of the Phase I Improvements in
accordance with the DDA.
The SA has determined that the construction of the Phase I Improvements on the
E.
Site has been satisfactorily performed in accordance with the DDA.
Page 1 of 3
12801-0001\1816647v2,doc
Item 12
NOW,THEREFORE,the SA certifies as follows:
1.
The construction of the Phase I Improvements on the Site has been satisfactorily
performed and completed in accordance with the DDA on land included in the legal description
attached hereto as Exhibit"A".
This Certificate shall not constitute evidence of compliance with or satisfaction of
2.
any obligation of the Developer to any holder of a mortgage or deed of trust or any insurer of a
mortgage or deed of trust securing money loaned to finance the Improvements or any part
thereof.
This Certificate is not a Notice of Completion as referred to in California Civil
3.
Code Section 3093.
4.
This Certificate is not a certificate of occupancy or other governmental permit.
Except as stated herein, nothing contained in this instrument shall modify in any
5.
way any other provisions of the DDA or any other provisions of the documents incorporated
herein.
IN WITNESS WHEREOF, the SA has executed this Certificate as of the day and year
first above written.
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
BUENA PARK
Jim Vanderpool,
Executive Director
^~ ,
~
~
ruce Galloway of Richards,
Watson &Gershon, Counsel t
Successor Agency
Page 2 of3
12801-0001\1816647v2,doc
Item 12
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document. .
State of California
County of Orange
On
,before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the persons) whose names)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument
the person(s), or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature
Page 3 of 3
12801-0001\181664'7v2.doc
Item 12
EXHIBIT "A"
DESCRIPTION OF LAND
The land referred to herein is situated in the State of California, County of Orange, City of
Buena Park,and described as follows:
PARCEL 1:
Parcel IA:
THAT PORTION OF LOT 4 IN BLOCK 60 OF BUENA PARK, IN THE CITY OF BUENA
PARK, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 18, PAGE 50 OF MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 4, SAID POINT BEING THE
SOUTHEAST CORNER OF LOT 12 OF TRACT NO. 551, AS SHOWN ON A MAP
RECORDED IN BOOK 19, PAGE 43 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, RiJNN1NG THENCE EAST ALONG THE
EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 12, 135 FEET;
THENCE NORTHERLY PARALLEL TO THE WEST LINE OF SAID LOT 4, 125 FEET,
MORE OR LESS, TO THE NORTH LINE OF THE EASEMENT CONVEYED TO THE
ORANGE COUNTY FLOOD DISTRICT BY DEED RECORDED OCTOBER 17, 1939 IN
BOOK 1012,PAGE 560 OF OFFICIAL RECORDS, AND AS SHOWN ON A MAP FILED IN
BOOK 17, PAGE 29 OF RECORD OF SURVEYS 1N THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE WESTERLY ALONG SAID NORTHERLY
LINE TO ITS INTERSECTION WITH THE WESTERLY LINE OF SAID LOT 4; THENCE
SOUTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID
LAND, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF
RECORD.
APN: 276-322-16
Parcel 1B:
THE EAST 50 FEET OF LOT 21 OF TRACT NO. 551, IN THE CITY OF BUENA PARK,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
19, PAGE 43 OF MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
APN: 276-323-4
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Item 12
Parcel 1C.•
LOT 20 OF TRACT NO. 551, IN THE CITY OF BUENA PARK, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 43 OF
MISCELLANEOUS MAPS, IN OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
APN: 276-323-OS
Parcel 1D:
STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 19, PAGE 43 OF
MISCELLANEOUS MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND HYDROCARBONS, BELOW A
DEPTH OF 500 FEET. WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN
INSTRUMENTS OF RECORD.
APN: 276-323-08
Parcel 1E:
LOT 15 OF TRACT NO. 551, 1N THE CITY OF BUENA PARK, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED TN BOOK 19, PAGE 43 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND HYDROCARBONS, BELOW A
DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN
INSTRUMENTS OF RECORD.
APN: 276-323-10
Parcel 1F:
LOT 2 IN BLOCK 61 OF BUENA PARK, IN THE CITY OF BUENA PARK, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 18, PAGES 50
TO 52, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, CALIFORNIA, TOGETHER WITH THE SOUTH 30 FEET
OF THE STREET ADJOINING SAID LOT ON THE NORTH ABANDONED BY ORDER OF
THE BOARD OF SUPERVISORS OF ORANGE COUNTY,ON AUGUST 2, 1911.
EXCEPTING THEREFROM THE EASTERLY 65 FEET OF THE SOUTHERLY 120 FEET
THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
Page 2 of 8
12801-0001\1816647v2.doc
Item 12
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT.2, SAID POINT BEING IN
THE EAST LINE OF BEACH BOULEVARD(FORMERLY GRANT AVENUE)108 FEET IN
WIDTH AND RUNNING; THENCE NORTHERLY ALONG SAID EAST LINE, 30 FEET TO
THE NORTH LINE OF THE SOUTH 30 FEET OF THE ABANDONED STREET
HEREINBEFORE MENTIONED; THENCE EASTERLY ALONG SAID NORTH LINE 225
FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF BEACH
BOULEVARD 170 FEET; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF
SAID LOT 2, A DISTANCE OF 225 FEET TO THE EAST LINE OF BEACH BOULEVARD;
THENCE NORTHERLY ALONG SAID EAST LINE 140 FEET TO THE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM THE WEST 250 FEET OF THE SOUTH 259.21 FEET OF
LOT 2 IN BLOCK 61 OF BUENA PARK, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 18, PAGES 50 TO 52,
INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
APNS: 276-361-02; 276-361-03 AND 276-361-09
Parcel 1G:
THE SOUTH 100 FEET OF THE WEST 156 FEET OF LOT 2, IN BLOCK 61 OF BUENA
PARK, IN THE CITY OF BUENA PARK, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 18, PAGES 50, 51, AND 52 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY.
APN: 276-361-06
Parcel IH-A:
THE WEST 250 FEET OF THE SOUTH 170.00 FEET OF LOT 2 IN BLOCK 61 OF BUENA
PARK, IN THE CITY OF BUENA PARK. COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 18, PAGES 50
TO 52 INCLUSIVE, MISCELLANEOUS RECORDS, iN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY,STATE OF CALIFORNIA.
EXCEPT THEREFROM THE NORTH 70.00 FEET OF THE WEST 200.00 FEET THEREOF.
ALSO EXCEPT THEREFROM THE SOUTH 100.00 FEET OF THE WEST 156.00 FEET
THEREOF.
ALSO EXCEPT THEREFROM THE EAST 20.00 FEET OF THE WEST 176.00 FEET OF
THE SOUTH 100.00 FEET THEREOF.
APN: 276-361-08
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Item 12
Parcel 1H-B:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND VEHICULAR
TRAFFIC OVER THE EAST 20.00 FEET OF THE WEST 176.00 FEET OF THE SOUTH
100.00 FEET OF LOT 2 IN -BLOCK 61 OF BUENA PARK, IN THE CITY OF BUENA
PARK. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
THEREOF RECORDED 1N BOOK 18, PAGE 50, MISCELLANEOUS RECORDS, iN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, STATE OF
CALIFORNIA.
Parcel II:
THE EASTERLY 65 FEET OF THE SOUTHERLY 120 FEET OF LOT 2 1N BLOCK 61 OF
BUENA PARK, IN THE CITY OF BUENA PARK, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 18, PAGES 50 TO 52, INCLUSIVE OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,STATE OF CALIFORNIA.
SAID LAND IS ALSO SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 15,
PAGE 27 OF RECORDS OF SURVEY,IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY,STATE OF CALIFORNIA.
EXCEPTING THEREFROM THE NORTHERLY 20.00 FEET OF THE SOUTHERLY 30.00
FEET OF THE EASTERLY 65 FEET OF THE SOUTHERLY 120 FEET OF LOT 2 IN
BLOCK 61 OF BUENA PARK, AS SHOWN ON A MAP RECORDED IN BOOK 18, PAGES
50 TO 52, INCLUSIVE OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
STATE OF CALIFORNIA.
APN: 276-361-10
PARCEL IJ.•
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED 1N BOOK 60, PAGES 20
AND 21 OF MISCELLANEOUS MAPS, iN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
APN: 276-361-11
PARCEL IK:
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 60, PAGES 20
AND 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
APN: 276-361-12
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Item 12
PARCEL IL:
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED 1N BOOK 60, PAGES 20
OF SAID COUNTY.
APN: 276-361-13
PARCEL IM:
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 60, PAGES 20 AND 21 OF
COUNTY.
APN: 276-361-14
PARCEL IN:
OF SAID COUNTY.
APN: 276-361-15
PARCEL 10:
LOT 4 AND THE SOUTH 5 FEET OF LOT 3 OF TRACT NO. 1756, IN THE CITY OF
BUENA PARK, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 60,PAGES 20 AND 21 OF MISCELLANEOUS MAPS.IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 276-361-16
PARCEL IP:
OF SAID COUNTY.
EXCEPT THE SOUTH 5 FEET THEREOF. APN: 276-361-17
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Item 12
PARCEL 1Q:
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 60 PAGES 20 AND 21 OF
COUNTY.
APN: 276-361-18
Parcel 1R:
PARCEL 1R-A:
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 60, PAGES 20 AND 21 OF
COUNTY.
PARCEL 1R-B:
THAT PORTION OF THE EAST 15 FEET OF THE WEST 330 FEET OF LOT 1 1N BLOCK
61 OF BUENA PARK, IN THE CITY OF BUENA PARK, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 18 PAGE 50 ET SEQ. OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, STATE OF CALIFORNIA,
INCLUDED WITHIN THE EASTERLY PROLONGATION OF THE NORTH AND SOUTH
LINE OF LOT 13 OF TRACT NO. 1756, IN THE CITY OF BUENA PARK, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 60, PAGES 20
OF SAID COUNTY.
APN: 276-362-04
PARCEL 2:
Parcel 2A:
THE WEST 6 FEET OF LOT 21 AND THE EAST 40 FEET OF LOTS 22, 23 AND 24 OF
TRACT 551, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 19 PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY
APN: 276-323-03
Parcel 2B:
LOT 18 OF TRACT 551, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 19 PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY
Page 6 of 8
12801-0001\I 816647v2.doc
Item 12
APN: 276-323-07
Parcel 2C:
LOT 1 OF TRACT 1756, IN THE CITY OF BUENA PARK,COUNTY OF ORANGE,STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 60 PAGES 20 AND 21 OF
MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
APN: 276-323-14
PARCEL 3:
Parcel 3A:
THE WEST 250.00 FEET OF THE SOUTH 259.21 FEET OF LOT 2 IN BLOCK 61 OF
BUENA PARK, IN THE CITY OF BUENA PARK, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED 1N BOOK 18 PAGES) 50, 51 AND 52 OF
COUNTY.
EXCEPTING THEREFROM THE SOUTH 170.00 FEET THEREOF. APN: 276-361-04
Parcel 3B:
THE NORTHERLY 70.00 FEET OF THE SOUTHERLY 170.00 FEET OF THE WESTERLY
200 FEET OF LOT 2, BLOCK 61 OF BUENA PARK, IN THE CITY OF BUENA PARK,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED
IN BOOK 18 PAGES) 50, OF MISCELLANEOUS RECORDS, 1N THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL WATER RIGHTS, CLAIMS OR TITLE TO WATER,
WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS.
APN: 276-361-OS
Parcel 3C:
THE EAST 20 FEET OF THE WEST 176 FEET OF THE SOUTH 100 FEET OF LOT 2 1N
BLOCK 61 OF BUENA PARK, AS SHOWN ON A MAP RECORDED IN BOOK 18 PAGES)
50 OF MISCELLANEOUS .RECORDS, OF LOS ANGELES COUNTY, STATE OF
CALIFORNIA.
APN: 276-361-07
PARCEL 4:
THAT PORTION OF LOT 2 1N BLOCK 61 OF `BUENA PARK",IN THE CITY OF BUENA
PARK, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
Page 7 of 8
12801-0001\1816647v2.doc
Item 12
BOOK 18, PAGE 50 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2, SAID POINT BEING IN
THE EAST LINE OF GRAND AVENUE (BEING 108 FEET WIDE); AND RUNNING
THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 2, 225 FEET; THENCE
SOUTHERLY ALONG A LINE PARALLEL TO THE EAST LINE OF SAID GRAND
AVENUE, 140 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO SAID
NORTHERLY LINE 225 FEET; THENCE NORTHERLY ALONG THE EAST LINE OF
GRAND AVENUE, 140 FEET TO THE POINT OF BEGINNING, TOGETHER WITH THE
SOUTH 30 FEET OF THE WEST 225 FEET OF STREET ADJOINING ON THE NORTH
ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY.
CALIFORNIA, AUGUST 2, 1911, ADJOINING SAID LOT 2.
APN: 276-361-01
Page 8 of8
12801-0001\1816647v2.doc
Item 13
STUDY SESSION
EXECUTIVE SESSION
SUMMARY SHEET
MEETING DATE: September 8, 2015
TOPIC: DISCUSSION AND DIRECTION REGARDING FACILITY USAGE FEE FOR
YOUNG LEADERS OF ORANGE COUNTY (YLOC)
FROM: Mark Sauceda, Community Services Supervisor
Applicant:
Property:
Under Negotiation:
Name of Case:
Subject Matter:
Other:
BACK-UP MATERIAL?
Hearings
(example: 54956.8, 54957.6)
YES
Rev. 08/2013
NO
IN C.C. CONF. ROOM
Item 13
STUDY SESSION
MEETING DATE:
September 8, 2015
TO:
TITLE:
DISCUSSION AND DIRECTION REGARDING FACILITY USAGE FEE
FOR YOUNG LEADERS OF ORANGE COUNTY (YLOC)
DISCUSSION: The City’s “Use of City Facilities” policy allows only city, city-sponsored, and
governmental agencies to use facilities free of charge. Allowing non-governmental agencies
free access of facilities could create precedent for other groups, such as churches. Additionally,
free rentals jeopardize revenue-generating rentals at City facilities. The exception to this is the
Police Community Room that can be used free of charge once a month by residents or nonprofit organizations whose majority consist of Buena Park residents.
Young Leaders of Orange County (YLOC) provides a free math tutoring program for Buena
Park students. Since October 9, 2012, the Council has allowed YLOC to use the TLC dining
room and Legacy Hall at the Senior Activity Center every Saturday from 2 p.m. to 4 p.m.
provided that they reimburse the City $20 per hour for staff time. Each Saturday YLOC
reimburses the City $60, which pays for the staff time to set-up and remove the chairs and
tables required for tutoring. The City’s “Use of City Facilities” policy was revised to
accommodate this arrangement. The revised language reads:
Legacy Hall at the Ehlers Community Center shall be available to non-profit
organizations providing education services to primarily Buena Park youth, from
2 p.m. to 4 p.m. on Saturdays, provided that the City is reimbursed $20.00 per
hour for staff time. Such use shall be granted on an as available basis, with
priority given to City-sponsored events and service maintenance. All other
groups or individuals, including non-profit organizations not described above,
must pay the required rental fees and may only have access to facilities available
for public use. “No-fee” rentals are not permitted due to the cost of staffing, the
potential to hinder revenue-generating rentals, and the need to maintain fairness
to all community groups.
YLOC continues to request the City provide facilities free of charge. Should the City Council
desire to consider YLOC’s request, the following options are presented:
1.
2.
3.
Revise language in the policy to eliminate the reimbursement requirement for non-profit
organizations that provide education services on Saturdays from 2 p.m. to 4 p.m.
Designate the YLOC Tutoring Program as a city-sponsored program, making it eligible for
free rental.
Make no revisions.
Item 13
Page 2
Meeting Date:
Subject:
September 8, 2015
DISCUSSION AND DIRECTION REGARDING FACILITY USAGE FEE FOR
YOUNG LEADERS OF ORANGE COUNTY (YLOC)
Prepared by:
Approved by:
Margaret Riley, Director of Community Services
Presented by:
Mark Sauceda, Community Services Supervisor
ATTACHMENTS:
1) Policy No. 26 – Use of City Facilities
2) City Council Minutes Dated September 11, 2012
3) City Council Minutes Dated October 9, 2012
Item 13
Item 13
City
September 11, 2012
Council Minutes
Vol. 44 Pg. 94
to get things done. You cannot please everyone. We were voted in to make decisions. We
have watched the City grow from farmland to what it is today. I ask for your help in some way
to
make the decision. We are going to make a decision we have to make the best of it. Whatever
we vote on, that does not mean we will go to them; that will give options. We have police men
they need to work with us also. We need to tighten belts; everyone needs to look at it. Let' s
quit wasting time, I would like to save the City and save the police department if any way
possible but must look at all ways possible. We are in a tough position, let' s move forward.
Council Member Miller comments: I will reserve comment, people are getting bored.
Mayor Dow
falls
comments:
I
would
like to
get at
least three
options.
Shake the tree and see what
hope for the best.
I make a motion to move forward to get study, follow up with
feasibility study, and direct the City Manager to talk with the Chief and everybody put their
heads together to work something out. The motion was seconded by Berry.
and
City Manager Vanderpool recapped the motion: 1) Continue pursuing the regional study ( multiagency police services sharing feasibility study); 2) Direct the City Manager work with Police
Chief to work with budget cuts; and 3) Speak with the sheriff department for a preliminary cost
estimate. Bring estimate back to council for further consideration. Direction to come back with
reports, no decision to implement or spend any money.
Mayor Pro Tem Swift
I am for budget solutions and pursuing regionalization study.
in the future, perhaps January. Part of that is because of my
position on board of directors of OCFA, I know the retirement system of Orange County leaves
something to be desired. I do not know they have their house in order. They had serious
trouble making numbers add up, and they are sending OCFA a bill for several millions. I would
like to see how they are doing. I am going to an OCFA budget committee meeting, I am not
going to vote favor if it includes sheriffs because it is a different retirement system with potential
I
like to
would
comments:
wait until sometime
problems.
MOTION:
Dow
SECOND:
Berry
Dow, Berry, Oh, Smith
AYES:
NOES:
Swift
MOTION CARRIED 1) Continue pursing multiagency police services sharing feasibility study;
2) City Manager work with Police Chief to work with budget cuts; and 3) Speak with Orange
County Sheriff Department for a preliminary cost estimate. Bring estimate back to council for
further
consideration.
Direction to come back with reports, no decision to implement or spend
any money.
8.
METROLINK HOLIDAY TOY EXPRESS PARTICIPATION
Mr. France reported that the Metrolink Holiday Toy Express will be performing a 30- minute show
the Buena Park station on December 22. Each host city is being asked to contribute to the
event so Metrolink can offset some of the cost. The City Council acknowledged that funding for
the Metrolink station was removed from the City' s budget, and the Buena Park Noon Lions Club
at
stepped
forward
and contributed $ 2, 000
last year for the event. Staff was asked to approach
the Noon Lions Club to see if they could provide a $ 2, 000 sponsorship for the 2012 holiday
show. Buena Park Noon Lions President Art Brown commented that he would present the
request to his board.
9.
CITY FACILITY RENTALS BY COMMUNITY ORGANIZATIONS
Present for the discussion was Margaret Riley, Director of Recreation, Parks, and Community
Services
Ms. Riley reported that the Youth Leaders of Orange County (YLOC) has requested use of the
new community center ballroom on Saturdays from 2 p. m. to 4 p. m. through the end of the year
at no fee for its math lab that serves approximately 100 students.
The existing policy allows only City, City-sponsored, and governmental agencies to use facilities
free
of charge, with
the
exception of
the
police
community
room, which can
be
used
free
of
Item 13
City
Council Minutes
September 11, 2012
Vol. 44 Pg. 95
charge once a month by residents or nonprofit organizations whose majority consists of adult
Buena Park residents.
During discussion there was concern that 1) allowing YLOC to use facilities free of charge would
legally obligate the City to offer the free use of facilities to church organizations and this could
impact budgeted rental income; 2) allowing the use of the ballroom on Saturdays precludes the
facilities from being rented by revenue-generating events, such as weddings; and 3) the staff
expenses for set- up, supervision, and breakdown would not be recovered if no fees were
charged.
Mayor Pro Tern Swift suggested that YLOC use school facilities stating that the schools are
within walking distance, and YLOC would need to only reimburse the school district for staff time
involved in opening the building and remaining onsite during the meeting.
Council Member Oh supported the free use of the room by YLOC stating that it is good public
service. He recommended negotiating a time change to not interfere with peak rental hours.
Following discussion, the majority of City Council directed that the policy regarding the use of
City facilities to be modified to 1) remove the language regarding use of the Stage Stop Hotel as
it is not longer available for outside use; and 2) to revise the term " adult Buena Park residents"
to be " Buena Park
The City Council determined that is unable to provide free room
rental to YLOC because it would oblige the City to offer free rentals to other groups and
churches, 2) cost the City expense in staff time, and 3) hinder revenue- generating rentals.
residents."
Council Member Oh dissented.
10.
Mayor Dow requested discussion on ways to involve all groups of employees and the public in
generating proposals for reducing expenses and cutting services. Alternatively,
department could be asked to bring forward proposals for 5% budget reductions.
11.
each
CITY COUNCIL REPORT
Mr. Vanderpool reported that the Employee Health Faire will be held 11 a. m. to 1: 30 p. m. in the
new community center ballroom.
12.
CITY MANAGER REPORT
No report.
13.
COMMISSION/ COMMITTEE APPOINTMENTS/ REMOVALS
The ad hoc committee appointed to interview applicants for the Traffic and Transportation
Commission, requested the appointment of Marisela Iniguez, and formal action will be placed on
the next agenda.
ADJOURNMENT
There being no further business, Mayor Dow adjourned the meeting at 9: 50 p. m. to Tuesday,
September 25, 2012, at 4 p. m. for closed session. The regular meeting will begin at 5 p. m.
7 ayor
ATTEST:
t
iR17
(4
City
Clerk
Item 13
City
October 9, 2012
Council Minutes
Vol. 44 Pg. 112
October 3 Walk a Child to School Day held at Raymond Temple Elementary School.
October 13 Orange County Fire Authority open house at the OCFA headquarters.
ACC- OC Pension Reform Committee meeting featuring San Diego Mayor Jerry Sanders'
implementation of a new pension system.
Council Member Smith congratulated Soroptomist International of Buena Park on its annual
charity ball.
Council Member Smith requested that the meeting be adjourned in memory of Tim Terbush,
Ken Grody Ford, a member of the Boys & Girls Club board, and member
general manager of
of
the Chamber of Commerce.
CITY MANAGER REPORT
City Clerk Tilton announced that City Hall will be an early voting site October 22— 30. The last
day to register to vote in the November 6 election is October 22. Replays of the candidate' s
forum will be shown on Channel 3 at 7: 30 a. m. and 7: 30 p. m. daily or viewable from the City' s
website video- on- demand page.
City Manager Vanderpool reported on the following:
November 15 Mayor's Prayer Breakfast to be held at the Knott' s Resort Hotel.
October 13 West Orange County Chamber of Commerce Casino Night to be held at
Buena Park Downtown.
Tour of the Hope School located on Knott Avenue that serves students at varied
developmental levels.
RECESS
Mayor Dow recessed the meeting at 6: 45 p. m. and announced the meeting would be
reconvened in the Main Conference Room for study session.
The meeting was reconvened at 7: 05 p. m.
STUDY SESSION ( 13 - 21) ( Adjourn to Conference Room) ( at
13.
7: 05 p.m.)
CITY FACILITY RENTALS BY COMMUNITY ORGANIZATIONS
Present for the discussion was Meg Riley, Director of Recreation, Parks, and Community
Services
Ms. Riley stated that this discussion relates to the Young Leaders of Orange County' s ( YLOC)
request for free use of city facilities for its math tutoring program. Such groups are allowed free
use once a month at the police community room; however, YLOC meets weekly and is too large
for the police community room. The City' s policy requires non- city-sponsored groups to pay the
required rental fee due to the cost of staffing, the potential to hinder revenue-generating rentals,
and the need to maintain fairness to all groups. YLOC has requested to use the new
community center ballroom on Saturday afternoons, which incurs staff expense and infringes on
peak rental rates. The City Council expressed its desire to accommodate YLOC; however, the
rental space and times must fit within the City' s goals of not impacting revenues.
Ray Sanchez, speaking as a YLOC parent stated that the preferred time for YLOC' s math
tutoring program is Saturdays from 2 p. m. to 4 p. m.; however, the group is willing to meet at any
location, and the parents are willing to drive to other locations.
Mayor Pro Tern Swift recommended that YLOC discuss meeting locations with the schools and
local churches.
City Manager Vanderpool stated that the Senior Center may have availability on Saturday
afternoons;
however, this
would
require
staff
to be on
site
at
an
expense
of $
20 per hour.
Mr. Vanderpool suggested that the City Council consider revising its policy to accommodate
such an educational use and
waiving
all
fees
except
for the $ 20
per
hour
staff expense.
Council
Member Berry commented that he would pay for the first two months of staff fees for YLOC.
Council Member Smith commented that he would pay for the remainder of staff fees for the
year.
Item 13
City
Council Minutes
October 9, 2012
Vol. 44 Pg. 113
Ken Anderson supported the tutoring program but cautioned that this group could grow and
more
groups
could
similar
request
accommodations.
He
recommended
YLOC
make
arrangements with local churches for meeting space.
Following discussion, the City Council directed that the Young Leaders of Orange County group
be granted use of the Senior Center facilities from 2 p. m. to 4 p. m. on Saturdays, and the group
would reimburse the City for $20 per hour staff time. The City Manager was directed to work
with the City Attorney in revising the facilities use policy to accommodate such a grant.
14.
EHLERS PLAZA RENOVATION UPDATE
Services
Ms. Riley reported that on August 28 the City Council revisited the design of the proposed
Ehlers Plaza outdoor multi- purpose venue. The purpose of the plaza is to host weddings,
parties, live entertainment, and civic theatre. The City Council formed a sub- committee
consisting of Councilmember Berry and Councilmember Smith to further study this concept.
The sub-committee met on site and recommended the removal of the existing metal- framed
stage truss and wanted to incorporate a permanent shade structure. Potentially, the shade
structure poles could be used for lighting and sound.
Mr. Vanderpool
reported that the design for the project is 90% complete and ready for
construction. Adding a shade structure would delay the project, and it may not be complete
before the 2013 summer season. Rough preliminary costs for the shade structure are $ 50, 000
for design and $ 250, 000 for construction.
Following discussion, the City Council authorized the ad hoc committee ( Berry/ Smith) to
research adding a shade structure to the Ehlers Plaza, and to get input from the Fine Arts
Commission on the concept. The shade structure would include custom elements to
accommodate sound and lighting and, if possible, would be retractable. The City Council
recognized that, with the addition of the shade component to plans, it would likely not be
completed by next summer. Mayor Dow dissented.
15.
SENIOR CENTER RENOVATION PROJECT— POTENTIAL USE OF PARK IN LIEU
AND CDBG FUNDS
Present for the discussion was Jim Biery, Director of Public Works
Mr.
Biery
reported
that there
are
approximately $ 1
million of Community Development Block
Grant ( CDBG) funds that are available for an eligible capital project. This available
fund balance is a result of project income. These funds cannot be spent for social services
programs since the maximum 15 percent spending cap for these types of programs has been
previously committed. Renovation of the Senior Center has been identified by the City Council
as a priority project and it qualifies for the use of these restricted federal funds.
The renovations would include replacement and upgrade of the flooring, ceilings, restrooms, air
conditioning, furniture and related electrical, architectural, and structural elements. A rough
to complete the project is $ 1. 5 million which would be refined prior to bidding. The
project could be funded by CDBG and Park-in- Lieu funds.
estimate
Following
discussion direction
was given
to use the $ 1 million of uncommitted CDBG funds and
to allocate $ 10, 000 of Park- In- Lieu funds to renovate the Walter D. Ehlers Senior Center which
would include upgrading flooring, ceilings, restrooms, air conditioning, furniture and related
electrical, architectural, and structural elements. A rough estimate to complete the project is
1. 5 million which would be refined prior to bidding.
16.
PARKWAY MAINTENANCE ON LA PALMA NEAR LA MESA
Services
Ms. Riley reported that at a recent City Council meeting a citizen expressed concern about the
condition of the parkway along La Palma Avenue. This particular area is 13, 700 s. f. and the
cost to make the necessary improvements, including irrigation, is $ 50, 000 and $ 9, 300 annually
Item 14
STUDY SESSION
EXECUTIVE SESSION
SUMMARY SHEET
TOPIC: DISCUSSION AND DIRECTION REGARDING WATER RATE STRUCTURE AND
ANALYSIS
FROM:
Michael Grisso, Utilities Manager
Applicant:
Property:
Under Negotiation:
Name of Case:
Subject Matter:
Other:
BACK-UP MATERIAL?
Hearings
(example: 54956.8, 54957.6)
YES
Rev. 08/2013
NO
IN C.C. CONF. ROOM
Item 14
STUDY SESSION
MEETING DATE:
September 8, 2015
TO:
TITLE:
DISCUSSION AND DIRECTION REGARDING WATER RATE
STRUCTURE AND ANALYSIS
DISCUSSION: On July 12, 2011, the City Council held a public hearing and adopted a
Resolution adjusting the rate structure of the Water Enterprise. The rate structure adjustment
was part of the recommendations consistent with the City’s Water Utility Business Plan. The
rate structure was intended to provide financial stability to the Water Enterprise while promoting
water conservation, and close shortfalls in capital improvement funding, including infrastructure
replacement. The approved rate structure was tiered and developed in 2009, by CDM, the City’s
rate consultant, and consistent with industry practice. Tiered rates are recognized and
supported as a Best Management Practice (BMP) for promoting water conservation by the
California Urban Water Conservation Council, the Orange County Grand Jury, and the State
Water Resources Control Board.
Recently, Public Works began evaluating the present water rate structure to ensure the
continued long-term financial stability of the City’s Water Enterprise. The evaluation included:
1) an evaluation of current and proposed water supply costs; 2) an update of the 5-Year Water
Capital Improvement Plan; and 3) considerations of the recent changes in industry practice for
water rates. The results of this evaluation are as follows:
•
Water supply costs continue to rise. Ground water, imported water, and electricity cost
have each increased by over 15 percent since our last rate increase in 2011. The
Municipal Water District of Orange County (MWDOC) and the Orange County Water
District (OCWD) estimate water supply costs will continue to rise.
•
The Water Enterprise 5-year Capital Improvement Projects (CIP) update plans for an
aggressive schedule of operational and infrastructure upgrades. One such major capital
project is outlined in the City’s Strategic Plan, “Supply Protection: developing and
expanding our ability to provide and manage water resources”. As a strategic goal, staff
has been working on the Upper Zone Project, which will allow the system to operate at
100 percent capacity with either ground water or imported water supplies. Also, the
City’s current water meter infrastructure has exceeded its usable life and a citywide AMI
replacement study is currently underway.
During the study session meeting, three rate structure options will be presented and discussed:
Option 1 – Status quo. This maintains all rates as approved in 2011, including the tiered
rate structure for single-family residential users. This option does not address the
increasing cost of water supply or infrastructure replacement and improvement plans for
the water system.
Item 14
Page 2
Meeting Date:
Subject:
September 8, 2015
DISCUSSION AND DIRECTION REGARDING WATER RATE
STRUCTURE AND ANALYSIS
Option 2 - Consider adjusting tiered water rates with indexing rate adjustments to
address the rising cost of water supply and the funding of the City’s CIP plan.
Compression within the tiers (or minimal cost differentials between tiers) will reduce
overall conservation incentives and create less financial stability within the enterprise
fund. This option does address increasing cost of water supply and the infrastructure
replacement and improvement plans of the water system.
Option 3 - Consider reestablishing an all user uniform water rate, with indexing rate
adjustments to address the rising cost of water supply and funding of the City’s CIP plan.
This option provides the least amount of risk while still addressing potential water supply
cost increases, and the infrastructure replacement and improvements plans of the water
system. This option does not address the City’s water conservation goals.
Staff recommends consideration of Option 3. This rate structure provides financial stability to the
Water Enterprise, while addressing the rising cost of water supplies and infrastructure
improvement plans. In response to losing the water conservation benefits that come with tiered
rates, staff will develop a new water conservation program. Using lessons learned during the
current drought response, staff will continue to promote and educate the community on the
City’s long term water conservation goals.
Public Works, Finance, and the City’s rate consultant are working together to provide updates
and options related to the water rate structure and CIP funding plan. This includes evaluating
options including long-term financing, and/or revenue bonds to address water supply costs and
maintain the capital improvement plan.
Prepared by:
Approved by:
Presented by:
Item 15
STUDY SESSION
EXECUTIVE SESSION
SUMMARY SHEET
TOPIC:DISCUSSION AND DIRECTION REGARDING PHASE II DROUGHT
RESTRICTIONS RELATED TO SWIMMING POOLS
FROM:
Applicant:
Property:
Under Negotiation:
Name of Case:
Subject Matter:
Other:
BACK-UP MATERIAL?
Hearings
(example: 54956.8, 54957.6)
YES
Rev. 08/2013
NO
IN C.C. CONF. ROOM
Item 15
STUDY SESSION
MEETING DATE:
September 8, 2015
TO:
TITLE:
DISCUSSION AND DIRECTION REGARDING PHASE II
DROUGHT RESTRICTIONS RELATED TO SWIMMING POOLS
DISCUSSION: At the May 12, 2015, City Council meeting, the City Council adopted Resolution
No. 13240 declaring a continued drought emergency and implementing Phase II of the City’s
Water Supply Shortage plan. With the adoption of this resolution, the City moved to Phase II
water restrictions enumerated in the Buena Park Municipal Code (BPMC) that mandate certain
requirements. Part of these mandates relate to swimming pools, specifically:
BPMC 13.28.080.B.6 Limits on filling Residential Swimming Pools and Spas – Refilling
of more than one foot and initial filling of residential swimming pools or outdoor spas with
potable water is prohibited.
It is important to note BPMC 13.28.080.B.6 applies specifically to residential swimming pools.
Multi-family, commercial, and community pools do not have prohibitions on initial filling or
refilling.
On August 11, 2015, Council requested a report on the Phase II drought restriction as it applies
to filling residential swimming pools. Recently, Laguna Beach decided to rescind sections of
their water code in respect to filling swimming pools. At the time of their decision, Laguna Beach
had over 50 swimming pool applications on hold. To date, the Buena Park Community
Development has yet to receive a single residential swimming pool application while under
Phase II water shortage conditions.
Public Works and Community Development staff have met and discussed ideas for addressing
residential swimming pool applications during the Phase II water shortage. Some surrounding
water agencies are moving towards requiring pool covers for all new and existing pools.
During the study session meeting three options will be discussed.
OPTION 1 – Status quo, BPMC 13.28.080.B.6 will stay in affect as adopted.
OPTION 2 – Remove BPMC 13.28.080.B.6, eliminating all reference to restrictions on
swimming pools.
OPTION 3 – Amend BPMC 13.28.080.B.6 to allow for filling of residential swimming pool only
when an appropriate cover is in place.
Staff recommends consideration of Option 3, allowing pools to be filled when an appropriate
cover is in place. This option meets the City’s conservation goal by addressing pool evaporation
as well as the residents’ needs who have either previously invested or are planning to invest in
a home swimming pool.
Prepared by:
Approved by:
Presented by:
Item 16
STUDY SESSION
EXECUTIVE SESSION
SUMMARY SHEET
TOPIC: DISCUSSION AND DIRECTION REGARDING REGULATIONS FOR
RIDESHARING SERVICES
FROM: Aaron France, Assistant to the City Manager
Applicant:
Property:
Under Negotiation:
Name of Case:
Subject Matter:
Other:
BACK-UP MATERIAL?
Hearings
(example: 54956.8, 54957.6)
YES
Rev. 08/2013
NO
IN C.C. CONF. ROOM
Item 16
STUDY SESSION
MEETING DATE:
September 8, 2015
TO:
TITLE:
DISCUSSION AND DIRECTION REGARDING REGULATIONS FOR
RIDESHARING SERVICES
DISCUSSION: The City Council recently requested a discussion about regulations on
ridesharing services. In September 2013, the California Public Utilities Commission (CPUC)
implemented 28 rules and regulations for Transportation Network Companies (TNCs) such as
Uber, Lyft, and SideCar. These regulations included insurance coverage requirements, licensing
through the CPUC, background checks, driver training, zero-tolerance alcohol and drug policies,
19-point vehicle inspections, and authorization from the airports to operate on the property.
The establishment and growth of the TNC industry has increased the supply of private
passenger transportation services, created job opportunities for individuals using their personal
automobiles, and enabled City residents and visitors with smart phones to more easily utilize a
greater supply of for-hire transportation options than provided by the taxi industry alone. On the
other hand, the growth of TNCs and the state’s assertion of jurisdiction over the industry has
increased the degree of competition with which the taxi industry must contend.
In May 2014, the Taxicab Paratransit Association of California challenged the CPUC’s decision
but both the Court of Appeal and the California Supreme Court refused to take up the
complaints, thereby holding up the CPUC’s decision. As such, the state has exclusive
jurisdiction over the TNC industry. Although the City’s ability to regulate TNCs is limited by state
law and the CPUC’s assertion of jurisdiction over the industry, regulatory oversight of TNCs is
new and still evolving. As such, the City could consider passing a resolution urging the CPUC to
strengthen its current TNC rules.
Prepared by:
Approved by:
Aaron France, Assistant to the City Manager
Presented by:
Item 17
STUDY SESSION
EXECUTIVE SESSION
SUMMARY SHEET
TOPIC: DISCUSSION AND UPDATE ON THE NEW CITY WEBSITE
Applicant:
Property:
Under Negotiation:
Name of Case:
Subject Matter:
Other:
BACK-UP MATERIAL?
Hearings
(example: 54956.8, 54957.6)
YES
Rev. 08/2013
NO
IN C.C. CONF. ROOM
Item 17
STUDY SESSION
MEETING DATE:
September 8, 2015
TO:
TITLE:
DISCUSSION AND UPDATE ON THE NEW CITY WEBSITE
DISCUSSION: The City Council recently requested a discussion on the status of the new City
website. Staff has been working for some time on the development of that site. The contractor,
Vision Internet, has produced a few designs over the past six months for staff to review and
provide feedback. Vision Internet specializes in government website construction and is one of a
handful of companies nationwide that construct the majority of government agency websites.
The recent focus of the project has been to develop a visually-appealing design and layout that
is functional on personal computers as well as handheld and portable devices. Staff will be
sharing the new design with the City Council at the study session. Vision Internet is also
concurrently upgrading the content management system that will allow staff to update their
department pages more efficiently. In addition, the new website will be compatible on all
operating systems.
Prepared by:
Approved by:
Presented by:
Item 18
STUDY SESSION
EXECUTIVE SESSION
SUMMARY SHEET
TOPIC: DISCUSSION AND DIRECTION REGARDING ADVERTISEMENT AND
PROMOTION OF CITY EVENTS
Applicant:
Property:
Under Negotiation:
Name of Case:
Subject Matter:
Other:
BACK-UP MATERIAL?
Hearings
(example: 54956.8, 54957.6)
YES
Rev. 08/2013
NO
IN C.C. CONF. ROOM
Item 18
STUDY SESSION
MEETING DATE:
September 8, 2015
TO:
TITLE:
DISCUSSION AND DIRECTION REGARDING ADVERTISEMENT AND
PROMOTION OF CITY EVENTS
DISCUSSION: The Council has requested a discussion regarding the advertisement and
promotion of City events. There are several types of media that the City utilizes to advertise and
promote City events including:
•
•
•
•
•
•
•
•
•
•
•
•
news releases
Buena Park Today
BPTV 3 and BPTV Community Bulletin Board
E-notifiers
BuenaPark.com
Social media (e.g. Twitter, Facebook, Instagram, YouTube, Pinterest)
City Hall Digital Display
Auto Center Digital Display
Mercedes-Benz Digital Display
Ehlers Event Center Digital Display
Water bill inserts
Free online event listing services (e.g. Zvents, EventCrazy.com, and ExperienceLA.com)
The BPTV Community Bulletin Board airs a continuous series of messages or ads that run inbetween scheduled programming 24 hours/day. Over 50 messages cover most all programs,
events and activities in the City and are updated weekly. Staff also updates social media
platforms such as Twitter and Facebook on a regular basis. This type of media is especially
valuable because followers of the City can share with their followers/friends, increasing the
audience reach exponentially. Digital display boards provide large-scale viewing to both
residents and visitors on major thoroughfares, such as Beach Boulevard and the 5 Freeway.
Messages here are updated weekly or as needed. The Auto Center Digital Display content is
limited due to the agreement with the car dealerships. Lastly, the City uses free online services
to promote events. These listings can be picked up by multiple news outlets, which increases
the audience reach.
There is no budget allocation for advertising. Therefore, staff uses the above forms of free
advertisement to inform the public. Staff makes an effort to advertise City events in a timely
manner so the public can make arrangements to attend. However, in regards to events hosted
by other organizations, the staff can only disseminate the information as soon as it is received.
Prepared by:
Approved by:
Presented by:
Item 19
STUDY SESSION
EXECUTIVE SESSION
SUMMARY SHEET
TOPIC: DISCUSSION AND DIRECTION REGARDING A CITY MASTER CALENDAR FOR
CITY AND COMMUNITY EVENTS
FROM:
Applicant:
Property:
Under Negotiation:
Name of Case:
Subject Matter:
Other:
BACK-UP MATERIAL?
Hearings
(example: 54956.8, 54957.6)
YES
Rev. 08/2013
NO
IN C.C. CONF. ROOM
Item 19
STUDY SESSION
MEETING DATE:
September 8, 2015
TO:
TITLE:
DISCUSSION AND DIRECTION REGARDING A CITY MASTER
CALENDAR FOR CITY AND COMMUNITY EVENTS
DISCUSSION: Council Member Vaughn requested discussion of a master calendar for city and
community events. To facilitate discussion, below is a breakdown of the types of calendars
currently in place:
Type
Information
Source
Master Calendar
(Used by Council & City Clerk Staff)
Includes community events, trainings,
seminars, workshops, private invitations,
employee events, ceremonial presentations.
Tracks payments, RSVPs, spouse attending,
special instructions.
Only info sent to City Clerk
is entered.
Yellow Weekly
(Used by Council, Staff & Limited
Public)
Includes city events, public events,
council/commission meetings, employee
events, outside agency meetings held at the
City, and events for which more than one
council member may be attending.
Only info sent to City Clerk
is entered.
Microsoft Outlook – Public Events
Calendar
(Used by All Users)*
Includes all City events, employee events,
and all public events associated with the
City.
All users may enter events,
attach flyers & send invites
directly from Outlook.
Invitees may automatically
accept invites and have
access from all devices.
Website – Event Calendar &
Upcoming Events
(Used by Public)
Includes city events and council/commission
meetings.
Only info sent to website
manager is entered.
West Orange County Regional
Chamber of Commerce (WOCRCC)
(Used by Chamber Members)
Chamber events.
Only info related to
chamber-sponsored events
is entered.
*Currently inactive.
Prepared by:
Approved by:
Presented by:
ATTACHMENTS: 1) Master Calendar
2) Yellow Weekly Calendar
3) Microsoft Outlook – Public Event Calendar
4) Website Event Calendar – Upcoming Events
5) WOCRCC Calendar
Item 19
Date
9/2/2015
#
Event Sponsor
Community Services
9/5/2015
Senator Tony Mendoza
9/10/2015
ACC-OC
9/11/2015
City Hall
9/11/2015
9/12/2015
WHAT/WHERE/TIME/ETC
SB
Summer Concert Featuring Paperback Writer (Beatles Tribute), Buena Y2X
Park Downtown Courtyard, 7 - 9pm
Labor Day Family Picnic, Artesia Park, 18750 Clarkdale Ave., Artesia,
10am - 1pm
21st Century Public Square, Orange County Hilton, 3050 Bristol St.,
Costa Mesa, 6pm Reception; 7pm Dinner/Program
Deadwood Dick, or A Game of Gold Pre-show Dinner (catered by
Dickey's BBQ), The Plaza at Ehlers Event Center, 8150 Knott Ave.,
6pm
Buena Park Civic Theatre BPCT Presents Deadwood Dick, or a Game of Gold, The Plaza at
Ehlers Event Center, 8150 Knott Ave., details to follow, 8pm
AB
YX
YX
Y2X
N
9/16/2015
Human Resources
9/18/2015
9/19/2015
Page 1
RSVP To:
ES
No
RSVP
required
YX
RSVP requested (but not required)
by 9/2/15 to 323-890-2790
8/25/15: Regstr'd VV online
8/17/15: Regstr'd AB online
$60/pp Members - $70/pp Guests &
Non-members
Register online:
https://events.r20.constantcontact.co
m/register/eventReg?oeidk=a07eb8v
rn0x8e9b52ce&oseq=&c=&ch=
YX
RSVP to X3586 by 9/1/15 - $10/pp
9/15/2015
Employee Health & Wellness Fair, Community Center Ballroom, 6688
Beach Blvd., 11am - 1pm
FS
N
Y2X
Fullerton Family YMCA 2015 Crab Feast & Auction Under the Stars, Fullerton Family YMCA,
N
2000 Youth Way, Fullerton, 6pm Silent Auction/Cocktails; 7pm Dinner;
Rock & Brews
Grand Opening & Fundraiser, 7777 Beach Blvd., 4 - 6pm
Y2X Y2X
9/12/2015
VV
YX
N
Y2X 8/31/15: Changed SB(2) from 9/18
Y4X
performance
7/30/15: RSVPd VV(4) & ES(2) via
email
Email RSVP to Imani and Shayna
7/30/15: RSVPd AB(2) via email
details to follow - $75/pp by 8/31/15;
$90/pp after 8/31/15
N
Y2X
8/26/15: RSVPd SB(2) via email
8/20/15: RSVPd AB(2) via email
8/18/15: RSVPd FS(2) via email
Council+1 guest COMPED - $100/pp
Email RSVP to Stephanie Dill
[email protected]
N
No RSVP required
N
N
Attachment 2
Item 19
SEPTEMBER 7, 2015 THROUGH SEPTEMBER 13, 2015
MONDAY SEPT 7
TUESDAY SEPT 8
WEDNESDAY SEPT 9
Labor Day
CITY HALL CLOSED
Buena Park Foundation
Council Chamber
2:30pm
Adjourned Meeting
Council Chamber
3:30pm
Council Meeting
Council Chamber &
Main Conference Room
5pm
THURSDAY SEPT 10
st
ACC-OC 21 Century Public Square
Orange County Hilton
3050 Bristol Street, Costa Mesa
6pm – Reception
7pm – Dinner/Program
(Brown, Vaughn)
FRIDAY SEPT 11
SATURDAY SEPT 12
CITY HALL CLOSED
The Olson Company
Aldea Walk’s Grand Opening
8242 Orangethorpe Ave.
11am – 2pm
(Swift)
WOCRCOC Meet Up
Titanic the Experience
7711 Beach Blvd.
7:30am
(Swift)
The Olson Company
Aldea Walk’s
Model Home Sneak Preview
8242 Orangethorpe Ave.
4 – 7pm
(Swift)
Deadwood Dick, or a Game of Gold
The Plaza at Ehlers Event Center
8150 Knott Ave.
8pm
Deadwood Dick, or a Game of Gold
The Plaza at Ehlers Event Center
8150 Knott Ave.
6pm – Pre-Show Dinner
8pm – Show
(Vaughn, Berry, Swift, Brown, Smith)
SUNDAY SEPT 13
09/15/15
09/16/15
09/18/15
09/19/15
09/24/15
09/24/15
Rock & Brews Grand Opening, 7777 Beach Blvd. (Brown, Smith, Berry)
Employee Health & Wellness Fair, Community Center Ballroom, 6688 Beach Blvd.
Buena Park Civic Theatre Presents, Deadwood Dick, or The Game of Gold, details to follow (Berry)
The Plaza at Ehlers Event Center, 8150 Knott Ave.
Buena Park Civic Theatre Presents, Deadwood Dick, or The Game of Gold, details to follow
WOCRCOC Educators & Path Seekers Breakfast, Holiday Inn Buena Park, 7000 Beach Blvd. (details to follow)
City of Westminster State of the City Luncheon, 11:30am Check-In; 12 – 1:15pm Luncheon/Program
4 – 6pm
11am – 1pm
8pm
8pm
7:15am
09/26/15
09/27/15
09/28/15
09/28/15
09/29/15
09/30/15
10/03/15
10/03/15
10/05/15
10/10/15
10/16/15
10/17/15
10/18/15
10/29/15
10/29/15
11/07/15
Westminster Rose Center Crystal Ballroom, 14140 All American Way, Westminster
Memorial Grove Ceremony, Boisseranc Park (Brown, Berry, Swift)
10am
Item 19
Giving Children Hope Annual Gala, Los Coyotes Country Club, 8888 Los Coyotes Drive (Vaughn)
5pm
Bud Cate – Shayne York Memorial Golf Tournament, Los Coyotes Country Club, 8888 Los Coyotes Dr.
8:30am – Check In; 10am Tee Time; 4pm Dinner Banquet
Voting Districts Community Workshop, Beatty Elementary School Cafeteria, 8201 Country Club Drive
6pm
Voting Districts Community Workshop, Council Chamber (Brown)
6pm
League of CA Cities, 2015 Conference & Expo, San Jose Convention Center, Sept. 30 – Oct. 2, 2015, (Brown, Swift, Smith, Vaughn)
Buena Park Civic Theatre, Doobies Inc: A Tribute to The Doobie Brothers (Swift)
8pm
Soroptimist Annual Ball, Knott’s Resort Hotel, 7675 Crescent Ave., details to follow (Brown, Vaughn)
6pm
Voting Districts Community Workshop, location to be announced
6pm
Prehistoric OC 2015, Ralph B. Clark Park, 8800 Rosecrans Ave., Buena Park (Brown)
10am – 3pm
Silverado Days, William Peak Park, details to follow (Brown)
OC Business Council/Cal State Fullerton, 2015 Economic Forecast Conference, 11am Registration; 11:30am – 1:30pm Program
Hotel Irvine, 17900 Jamboree Road, Irvine
Stanton State of the City Luncheon, Knott’s Berry Farm Hotel, 7675 Crescent Ave., details to follow (Brown, Vaughn)
12pm
Buena Park Rotary, Veterans Commemoration Dinner, Knott’s Resort Hotel (9th Floor), 7675 Crescent Ave.
6 – 9pm
Item 19
MICROSOFT OUTLOOK PUBLIC EVENT CALENDAR (ALL USERS) Item 19
Item 19
Item 19
Item 19
Item 19
West Orange County Regional Chamber of Commerce

agenda - Buena Park

Transcription

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