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HomeMy WebLinkAbout FULL PACKET_2008-08-18LSS3/7/08 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-807 OF THE SANTA ANA MUNICIPAL CODE RELATING TO NON BID PURCHASES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 7, 2007 The City Council adopted Ordinance No. NS-2742, amending Chapter 2, Article VII of the Santa Ana Municipal Code (SAMC), "Purchasing Rules and Regulations," to provide a comprehensive set of purchasing rules and regulations. B. Section 2-807 of said SAMC regulates non-bid purchases. Section 2-807(b) provides that emergency purchases may be made without the need for competitive bidding upon the declaration of a state of emergency in the City by an affirmative vote of two-thirds of the City Council members. C. In the event of a disaster or emergency declared by the Federal government, the Federal Emergency Management Agency (FEMA) may reimburse disaster-related expenditures made in compliance with the local agency's policies and procedures. D. It is necessary to clarify that disaster-related expenditures are authorized by the SAMC, with subsequent reporting to the City Council. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. 11 A-1 Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Section 2-807 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-807. Non-bid purchases. The following contracts may be exempted from competitive bidding through an open market purchase by the purchasing manager, and confirmed by the city council in the case of contracts for over twenty five thousand dollars ($25,000.00), but shall nevertheless be entered into only after compliance with the rules established by the purchasing manager, which shall include the review of such alternative sources of supply or performance as may be available in competition with one another and selection therefrom on the basis of obtaining maximum quality at minimum costs: (a) Purchases of materials, supplies, labor, and equipment whenever it shall appear that there is only one reasonably available source or where solicitation of bids would for any reason be an idle act. (b) Purchases of materials, supplies, labor, and equipment necessary for the preservation of life, health or property, following the declaration of a state of emergency or disaster in the city. A full written account of emergency procurements made during the declared emergency or disaster shall be submitted to the City Council within thirty (30) days after their procurement. (c) Situations where no bids are received or all bids are rejected and the city council determines, upon the affirmative vote of at least two-thirds 2/3) of its members, that the materials, supplies, labor or equipment can be obtained at a lower cost. (d) Purchases from vendors whose names are on current established lists and have been awarded the same type of purchase contract by a federal agency (including the General Services Administration), astate agency, county, city or other public agency after a competitive bidding process determined by the purchasing manager to be substantially equivalent to that prescribed by this article. (e) Contracts for services. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision 11 A-2 of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2008 Miguel A. Pulido Mayor 11 A-3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A-4 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XX TO CHAPTER 13 OF THE SANTA ANA MUNICPAL CODE RELATED TO ESTABLISHMENT OF COMMUNITY MANAGEMENT DISTRICTS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Part 7 of Division 18 of the California Street and Highways Code contains the Property and Business Improvement District Law of 1994 (the "Act"} authorizing the creation of property owner based business improvement assessment districts to promote economic revitalization and physical maintenance of business districts in California in order to create jobs, attract new businesses and prevent erosion of the business districts; and, B. Section 36603 of the Act states that the Act does not preempt the authority of charter cities to adopt similar or differing methods of levying assessments for similar purposes; and, B. The City of Santa Ana is a charter city and the establishment of benefit assessment districts similar to those authorized by the Act and the levying of assessments for such purposes is a municipal affair; and, C. The City Council of the City of Santa Ana desires to enact a local ordinance for the creation and implementation of Community Management Districts substantially similar to districts authorized by the Act to enable property owners in business districts within the City of Santa Ana to raise funds for the betterment of their communities. Section 2. Article XX, Sections 13-200 through 13-216 are added to Chapter 13 of the Santa Ana Municipal Code to read in full as follows (new language in bold for tracking purposes only): 11 B-1 Article XX COMMUNITY MANAGEMENT DISTRICTS Sec. 13-200. General Provisions. Whenever the public interest or convenience may require, the Council of the City of Santa Ana, acting under the authority conferred upon it by the City Charter, shall have the power and authority to provide supplemental services, activities and improvements in specifically defined districts of the City. The City shall determine and declare the geographic area(s) to be specially benefited by said services, activities and improvements; and to assess the cost and expenses of said services, activities and improvements, including all expenses incurred incidentally thereto, upon the lots or parcels of real property in proportion to the estimated benefits to be received. The procedures established herein shall be additional or alternative to any other procedure established by ordinance or State law. The election to proceed under this Article shall be expressed in a Resolution of Intent to form a district which shall be referred to as a Community Management District ("CMD"). Sec. 13-201. Definitions. (a) "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (1) parking facilities and structures; (2) benches, booths, kiosks, display cases, pedestrian shelters and signs, trash receptacles and public restrooms; (3) public lighting and heating facilities; (4) closing, opening, widening or narrowing of existing streets; (5) security facilities or equipment or both; (6) ramps, sidewalks, plazas, town centers, pedestrian malls or similar open space; (7) rehabilitation or removal of existing structures; (8) installation or planting of landscaping, statuary, fountains, decorations and other ornamental structures and facilities; 11 B-2 (9) the installation or construction or modification of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the utility, maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage or electrical facilities; (b) "Services" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any Improvement, including: (1) repair, removal, or replacement of any part of the Improvement; (2) providing for the life, growth, health and beauty of landscaping including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (3) the removal of trimmings, rubbish, debris and other solid waste; (4) the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti; (5) providing security, sanitation, graffiti removal, street cleaning and other municipal services supplemental to those provided by the City. (c) "Activities" means, but is not limited to, all of the following: (1) promotion of public events which benefit businesses, tenants or real property in the district; (2) furnishing of music and/or entertainment in any public place within the district; (3) promotion of tourism within or benefiting the district; (4) marketing and economic development, including, but not limited to, business retention and recruitment; (c) "Owners Association" means a private nonprofit corporation registered and in good standing with the California Secretary of State that is under contract with the City to administer or implement services, activities and improvements specified in the management district plan. An Owners Association 11 B-3 may be existing or newly formed. An Owners Association is a private entity and shall not be considered a public entity for any purpose, nor shall its board members or staff be considered to be public officials for any purpose. Notwithstanding the foregoing, an Owners Association when under contract with the City to manage the district shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), whenever matters within the subject matter of the CMD are heard, discussed, or deliberated by the governing board of the Owners Association, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all documents relating to activities of the Owners Association of the district when under contract with the City to manage the district. (d) "Property owner" or "owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the City. The City has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Sec. 13-202. Establishment. (a) Upon submission of a written petition signed by the property owners in the proposed district who will pay more than 30% of the assessments proposed to be levied, the City Council may initiate proceedings to form a CMD by adopting a resolution of intent to form a district conforming to the provisions of Section 13-203, below. The amount of assessment attributable to property owned by the same property owner which is in excess of 20% of the amount of all assessments proposed to be levied shall not be included in determining whether the petition is signed by the requisite percentage of the property owners. (b) The petition shall include a summary of the Management District Plan. The summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. Sec. 13-203 Resolution of Intent: Contents. 11 B-4 (a) The resolution of intent described in Section 13-202, above, shall contain all of the following: (1) A brief description of the proposed services, improvements and activities; (2) The amount of the total proposed assessment; (3) A statement as to whether the assessment will be levied on property or businesses within the district; (4) A statement as to whether bonds will be issued; (5) The maximum period of time, which shall not exceed ten (10) years, for which the proposed services, improvements and activities will be carried out and for which assessments will be levied; (6) A description or depiction of the exterior boundaries of the proposed district; and, (7) The time and place for a public hearing on the establishment of the district and the levy of assessments, which shall be consistent with the requirements of Section 13-205, below. (b) The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the services, improvements and activities and the location and extent of the proposed district. Sec. 13-204. Management District Plan Contents. The management district plan shall contain all of the following: (a) A map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district; (b) The name of the proposed district; (c) A description of the boundaries of the district, including the boundaries of any benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected lands and businesses included. Under no circumstances shall the boundaries of a proposed district overlap with the boundaries of another existing district created pursuant to this part. Nothing in 11 B-5 this part prohibits the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law; (d) The services, improvements and activities proposed for each year of operation of the district and the maximum cost thereof; (e) The total annual amount proposed to be expended for services, improvements, maintenance and operations, and debt service in each year of operation of the district; (f) The proposed source or sources of financing including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan shall also state whether bonds will be issued to finance improvements; (g) The time and manner of collecting the assessments; (h) The specific number of years in which assessments will be levied, the maximum number of which shall be ten (10}. Notwithstanding these limitations, a district created pursuant to this Article to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district; (i) The proposed time for implementation and completion of the management district plan; Q) Any proposed rules and regulations to be applicable to the district; (k) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for any properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof, including operation and maintenance. The plan may provide that all or any class or category of real property which is exempt by law from real property taxation may nevertheless be included within the boundaries of the district but shall not be subject to assessment on real property; (I) Any other item or matter required to be incorporated therein by the City Council; and, 11 B-6 (m) A statement, placed in a conspicuous place on the Management District Plan, stating that assessments for the maintenance of improvements constructed by the district, if any, may continue to be levied on each parcel of land within the district for a period of time equal to the useful life of the improvement, as determined by the City Engineer, regardless of whether the district is disestablished or the term of the original levy has expired. Sec. 13-205. Procedures, Notice. If the City Council proposes to levy a new or increased property assessment, notice shall be provided and protest and hearing procedures shall be carried out in compliance with Section 53753 of the California Government Code. Sec. 13-206. Establishment of District and Levying of Assessment. {a) At the conclusion of the hearing, if there is no majority protest as determined in accordance with Sec. 13-205, the City Council may adopt a resolution of formation . (b) The City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. (c) Notwithstanding the foregoing, proposed assessments may only be revised by reducing any or all of them and the City Council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements or activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 13-207. (d) The adoption of such resolution establishing the district and levying the assessment, or if the district has been previously established, levying the new assessment, and recordation of the notice and map pursuant to Sec.13-207, below, shall constitute the levy of an assessment in each of the fiscal years referred to in the Management District Plan. The resolution of formation shall contain all of the following: (1) A summary of the Management District Plan; (2) The number, date of adoption, and title of the Resolution of Intent; {3) The time and place where the public hearing was held concerning 11 B-7 the establishment of the district or the levying of a new assessment; (4) A determination regarding any protests received; (5) A statement that a CMD has been established; (6) A statement that the services, improvements and activities to be provided in the district will be funded by the levy of assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the resolution of intent, as approved, or as modified and approved, by the City Council at the hearing concerning the establishment of the district; (7) A finding that the property within the CMD will be benefited by the improvements and activities funded by the assessment to be levied. The City Council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone; and, (8) A statement, if applicable, that a continuing assessment in an amount sufficient to maintain any constructed improvement throughout its useful life, as determined by the City Engineer, may be levied on each parcel within the district regardless of whether the district is disestablished or the term of the original levy has expired. (e) Properties zoned solely for residential use may be subject to any assessment pursuant to this part, provided that the City Council finds that they benefit from the services improvements and activities funded through these assessments. Sec. 13-207. Record of Notice and Map of Assessment District. Following adoption of the Resolution establishing the district, the City shall record a notice and map describing the assessment district pursuant to California Streets and Highways Code Division 4.5, Section 3114. Sec. 13-208. Contesting the Validity of an Assessment. The validity of an assessment levied under the provisions of this Chapter shall not be contested in any action or proceeding unless the same is 11 B-8 commenced within 30 days after the time said assessment is levied, and any appeal from a final judgment in such action or proceeding must be perfected within 30 days after entry of such judgment. Sec. 13-209. District Administration, Owners Association. The City may contract with an Owners Association to manage the district on a day-to-day basis. In the event more than one qualifying association seeks to contract with the City, that association with active membership representing the largest amount of annual assessment in the district shall be chosen. Only if that association fails to maintain its qualifications with the California Secretary of State shall the next largest association be selected. Nothing herein shall be construed to require the City to contract with an Owners Association. Sec. 13-210. Collection of Assessment: Time and Manner. The collection of assessments levied pursuant to this Chapter shall be made at the time and in the manner set forth by the City Council in the Management District Plan. The assessment may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. The City may also choose for any one year to directly bill for assessments. Non-payment of such an assessment shall be due and payable in any subsequent years when assessments are collected with ad valorem property taxes. Sec. 13-211. Annual Report: Contents. (a) For each fiscal year in which assessments are to be levied and collected to pay the costs of the improvements and activities report shall be prepared, except for the first fiscal year. (b) The report shall be filed with the Clerk of the Council and shall refer to the CMD by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any changes, including, but not limited to, the boundaries of the CMD or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, if a classification is used. (2) The improvements and activities to be provided for that upcoming fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that upcoming fiscal year. 11 B-9 (4) The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The City Council may approve the report as filed or may modify any particular contained in the report and approve it as modified. Any modification shat! be made pursuant to Section 13-212, below. The City Council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments. (d) If an Owners Association is under contract with the City to manage the CMD, it shall cause the report to be prepared. Sec. 13-212. Modification of Boundaries, Assessments, Improvements or Activities. (a) Upon the written request of the Owners Association, the City Council may modify the management district plan after conducting one public hearing on the proposed modifications. (b) The City Council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. (c) If the modification includes the levy of a new or increased assessment, the City Council shall comply with Section 13-205. {d) Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intent shall be published in a newspaper of general circulation in the city once at least seven days before the public meeting. (2) A complete copy of the resolution of intent shall be mailed by first 11 B-10 class mail, at least 10 days before the public meeting, to each business owner or property owner affected by the proposed modification. (e) The City Council shall adopt a resolution of intent which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intent. (f) Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to California Streets and Highway Code Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 13-207. Sec. 13-213. Renewal of District. (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this article. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. Sec. 13-294. Dissolution of District. (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution. If the City Council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (b) The City Council shall adopt a resolution of intent to disestablish the district prior to the public hearing required by this section. The resolution 11 B-11 shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intent. (c) Upon the disestablishment of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (d) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2008 Miguel A. Pulido Mayor 11 B-12 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 B-13 11 B-14 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System ("PERS") by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said law. Such a contract currently exists between the City of Santa Ana and the Board of Administration of the California Public Employees' Retirement System. B. In accordance with provisions of the current Memorandums of Understanding between the City of Santa Ana and its miscellaneous employee PERS members represented by the Service Employees International Union, the Fireman's Benevolent Association, the Santa Ana Police Officers Association, the Fire Management Association, the Police Management Association, and the Santa Ana Management Association, as we11 as the employment resolution governing the Unaffiliated Confidential Unit, for fiscal years 2004-2010, the City agreed to amend its contract with the Public Employees Retirement System to provide Government Code Section 21354.5, 2.7% @ 55 Full Formula benefits for all active local members effective January 1, 2009. A copy of said proposed amendment is attached hereto as Exhibit "A" and by this reference made a part hereof. C. The Service Retirement benefit calculated for service earned by this group of members (applying to active members only) is a monthly allowance equal to the product of the 2.7% @ 55 benefit factor, years of service, and final compensation. Section 2: That an amendment to the contract between the City of Santa Ana and the Board of Administration of the Pubic Employees' Retirement System is hereby authorized in accordance with the terms of Exhibit "A". Ordinance No. NS- 11 C ~ ~ Page 1 of 3 Section 3: That the Mayor and Clerk of the Council of the City of Santa Ana are authorized, empowered and directed to execute said amendment for an on behalf of the City of Santa Ana. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph A. Straka Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Ordinance No. NS- Page 2 of 3 11 C-2 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of the Council City of Santa Ana Ordinance No. NS- Page 3 of 3 11 C-3 ,- i,, CaIPERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees• Retirement System and the City Council City of Santa Ana The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1947, and witnessed November 25, 1946, and as amended effective October 1, 1951, February 1, 1954, September 1, 1956, July 1, 1959, November 1, 1960, September 1, 1963, April 1, 1964, February 1, 1965, January 16, 1969, November 1, 1970, June 1, 1974, December 16, 1976, December 1, 1978, October 1, 1981, July 1, 1984, December 1, 1984, July 1, 1985, February 1, 1990, July 1, 1990, December 5, 1991, April 15, 1993, June 16, 1994, January 1, 1995, December 5, 1995, July 5, 2000, March 8, 2001, July 1, 2001, April 5, 2002, November 7, 2002 and July 1, 2007 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 1, 2007, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 11 C-4 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1947 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b- Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein refen'ed to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Fuli). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 11 C-5 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance}. b. Section 20042 (One-Year Final Compensation). c. Section 20903 (Two Years Additional Service Credit). d. Section 21548 (Pre-Retirement Option 2W Death Benefit). e. Section 21024 (Military Service Credit as Public Service). f. Section 20965 (Credit for Unused Sick Leave). g. Section 21574 (Fourth Level of 1959 Survivor Benefits). 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on December 16, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Govemment Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Govemment Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. 11 C-6 c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. ff more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of en'ors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on th"e day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SANTA ANA BY BY LORI MCGARTLAND, CHIEF.: ` PRESIDING OFFICER EMPLOYER SERVICES DIVISrON PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT ER# 0137 PERS-CON-702A (Rev. 10105) 11 C-7 11 C-8 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting May 27, 2008 CALL TO ORDER The meeting was convened at 5:45 p.m. at the Santa Ana Police Department, 60 Civic Center Plaza, 4th Floor Conference Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides and Sal Tinajero Staff present: Assistant City Attorney Paula Coleman, Fire Chief Marc Martin, Police Deputy Director Mike Lewellen, Police Commander Dave Jones, and Recording Secretary Janet Chop. Public present: Doug Irving. SUMMARY OF DISCUSSIONS APPROVAL OF MINUTES Approved Minutes of the April 22, 2008 meeting. 2. FIREWORKS DISCUSSION Chief Martin reviewed the cost of response by the Police and Fire Departments to illegal fireworks calls as compared to the revenue received, with the amounts being close to the same. He also reviewed the lottery system for this year stating that the total booths were now at 80. He presented photos to the committee depicting Fire Department educational efforts. 3, TOP 15 PROBLEM LOCATIONS Commander Jones reviewed the five new locations that had been added to the top 10 problem locations. The committee requested that one of the locations be looked at for abatement as a nuisance. ACA Coleman will follow up with Commander Caddell to see what can be done to advise the owner of the nuisance issues at this location. 4. IMPACT OF GOVERNOR'S PROGRAM TO RELEASE PAROLEES EARLY Deputy Director Lewellen spoke regarding the overcrowding in prisons and that the Governor's office was working with the local police agencies to review the problem of releasing parolees early into the communities. 5. HOW GUNS ARE ADDRESSED IN SANTA ANA Commander Jones reviewed how firearms are handled in the City. The Weapons Interdiction Team (WIT) is responsible for the disposition of firearms seized as evidence or safekeeping, licensing of firearms businesses, and ensuring that firearms are not sold to individuals prohibited from possessing firearms. 13D-1 2 All firearms related evidence recovered is processed through the Integrated Ballistics Identification System (IBIS), which includes microscopic examination of crime scene bullets and cartridge cases and compares them with other evidence already entered into IBIS. Links to other cases are significant in that it provides new information and leads for detectives to investigate. Committee member Benavides asked about the benefits of a gun buy-back program. Commander Jones stated that such programs in other jurisdictions have had minimal positive results. 6. HOW MANY 2008 HOMICIDES ARE GUN RELATED Commander Jones reviewed the specific 2008 gun-related homicides. He related the status of each case concerning the arrests that have been made and the firearms used. 7. HOMICIDE COMPARISON TO OTHER CALIFORNIA CITIES Commander Jones reviewed the number of homicides as compared to other cities of similar size. The data showed that Santa Ana was relatively low in the number of homicides compared to these cities. 8 9 10 11 PUBLIC COMMENTS There were no public comments. COMMITTEE MEMBER COMMENTS There were no further comments. ITEMS FOR NEXT MEETING: A. Early Release of Prisoners from Orange County Sheriff's Department NEXT MEETING DATE: Tuesday, June 24, 2008, 5:30 pm, Santa Ana Police Facility, 60 Civic Center Plaza, 4th floor conference room, Santa Ana, California. ADJOURNMENT: 6:30 PM PAUL M. WALTERS Chief of Police jc 13D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: HEARING OFFICER'S REPORT - RE CONII~~NDAT I ON CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt hearing officer's decision in its entirety which recommends the denial of an appeal of the Santa Ana Animal Control Officer's declaration of a vicious dog pursuant to Santa Ana Municipal Code ~5- 72. DISCUSSION On July 10, 2008, Daniel Miller's appeal of a determination by the Santa Ana Animal Control Officer of a vicious dog was received in the Clerk's Office. The Santa Ana Municipal Code assigns responsibility to the Clerk of the Council for setting the appeal hearing, giving proper notice, and following through with subsequent procedures. The hearing on this matter was conducted on May 14, 2008, and the report of the hearing officer was filed with the Clerk of the Council as required. Pursuant to Chapter 3-10 of the Santa Ana Municipal Code, the City Council may adopt or reject the proposed decision in its entirety, or may modify the proposed decision. Staff recommends adoption of the hearing officer's report as presented. FISCAL IMPACT The cost of the hearing procedure was $4,675.00. available in 11-021-6291. Funds were 18A-1 Hearing Officer's Report August 18, 2008 Page 2 APPROVED AS TO FUNDS AND ACCOUNTS: /~'"' Patricia E. Healy Clerk of the Council Francisco Gutierrez Executive Director Finance & Management Services Agency 18A-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HON. JACK K. MANDEL (RET.) JAMS 500 N. State College Blvd. Suite 600 Orange, CA 92868 Telephone: (714} 934-1300 Fax: (714) 939-8710 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE Daniel Miller, Plaintiff and City of Santa Ana, Defendant JAMS Ref. No. 1200040532 AMENDED APPEAL FROM A DETERMINATION BY SANTA ANA ANIMAL CONTROL OFFICER OF A VICIOUS ANIMAL FACTS LEADING TO THIS HEARING: On November 17, 2007 in the early morning Daniel Miller was walking his dog, a mature Rottweiller, named BEAR, of approximately 1101bs. Contact was made with a l Olb CHIHUAHUA, named Cookie, the property of Nora Sergent, a widow. Both Mr. Miller and Mrs. Sergent reside in 2nd floor condos in the same complex. There had been an earlier altercation between the same two dogs in 2003. Ir- this instance the Rottweiller killed the CHIHUAHUA. The facts as presented by the two pet owners dramatically differ and conflict. Under no interpretation could the diverging facts be construed into the same scenario. I 18A-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 While reasonable people may hear and see the same thing differently, in this instance Mr. Miller is trying to save the life of his "closest friend" "BEAR", while Mrs. Sergent is grieving death, and dealing with the killer, of her "companion", "Cookie". Santa Ana Police Department Animal Services Officer Santra Howey, investigated the case and interviewed the only two witnesses, Mr. Miller and Mrs. Sergent, each admittedly with bias. After careful review of the conflicting statements the investigating officer came to the conclusion that classified "BEAR", the Rottweiler, as a "vicious dog". First Isuue• Was there a prior hearing by a neutral from St. Vincent DePaul Society where the issues were heard and determined thus making this hearing moot as "res adjudicate"? Argument by Mr. Miller based upon logic and confusion of S.A.P.D. and their dropping some charges. The City Attorney rebutted, saying that Municipal Code procedure requires an Appeal of the Animal Control Officer's determination that in fact was filed by Miller and his then counsel. The court: A hearing results in a written opinion and decision. None has been provided Miller. Santa Ana City Attorney states that none exists as the "hearing" was abandoned before it began and not in compliance with Santa Ana Municipal Code regulations. Finding: No such alleged hearing took place and this "Appeal" tribunal is free to act, a hearing and ultimately rule and is not impeded by any "res adjudicate" determination. Second Issne• Is Bear the Rottweiler a vicious animal consistent with Santa Ana Municipal Code? Daniel Miller, angrily, erratically, aggressively, attacked the City of Santa Ana. Police and Animal Control Investigator as well as Mrs. Sergent, and her former, now deceased, CHIHUAHUA. His position was that Bear was on an unbreakable leash, that he always walked the Rottweiler on the specially designed. unbreakable leash, that Cookie, the CHIHUAHUA attacked him; that this dog was aggressive and always attacked him and his dog, while circling and remaining just out of reach; that he Miller slipped on vil in the car port and that the z 18A-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHIHUAHUA attacked his face; that only then, did the disinterested and passive BEAR came to his rescue. NORA SERGENT: With tears and great Pathos(?), Beaz is the bully of the neighborhooi Everyone fears the aggressive vicious Rottweiler, particulazly this little old Hispanic lady and he now dead 101b pet; that she was out on her deck at 7:30 AM experiencing the morning while Cookie did "his business" on the flowers at the second story level; that Bear broke free (he was on a red leash, not the indestructible cable leash) rushed up the stairs and broke the back of her little dog with one bite returning down the stairs with the victim in his mouth. Daniel Miller submits approximately 30 written letters attesting to the Rottweiler having gentle and loving disposition and not being a danger to anyone or anything. Nora Sergent submits some 75 signatures on a petition calling for the removal of Beaz th Rottweiler as a vicious attack dog and killer (and a community nuisance). Discussion: Daniel Miller testifies that the CHIHUAHUA bit him on hands, arm, and face. Santa Ana Police Officers testify that wounds were from a bigger dog. Miller rebuts that a Rottweiler would leave a tearing wound not a puncture wound and these were puncture wounds. Each party had their respective conflicting theories as to why blood stains occurred in various places. Conflicting testimony as to the leash used that morning. Testimony conflicted as to whether the attack took place in carport or up the stairs toward Sergent's second floor condo. Also testimony conflicted as to which dog attacked first. Decision: Based upon Santa Ana Municipal Code §5-72(b} "The burden of proof shall be on the animal control officer to show by a preponderance of evidence that the dog should be declared I vicious." Based on all the facts, Mrs. Sergent's version is the more believable account as to what transpired, and thus the preponderance of evidence is with the City of Santa Ana. 3 18A-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 Mrs. Sergent's CHIHUAHUA is dead. Daniel Miller's Rottweiler is a vicious dog pursuant to the Santa Ana Municipal Code. The Appeal is denied. rC. J k K. Mandel eating Qfficer Judge of the Superior Court (Ret.) a 18A-6 PROOF OF SERVICE JAMS REF. #: 1200040532 CASE NAME: Miller, Daniel vs. City of Santa Ana I, Gina Monteiro, am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is JAMS, Inc., 500 N. State College Blvd., Suite 600, Orange, California, 92868. On July 10, 2008, I served the attached AMENDED APPEAL FROM A DETERMINATION BY SANTA ANA ANIMAL CONTROL OFFICER OF A VICIOUS ANIMAL on the interested parties in the within action by the method described below, addressed as set forth on the attached page: [~] BY U.S. MAIL I deposited true copies of the document described above enclosed in a sealed envelope in the mail at Orange, California, with postage thereon fully prepaid. [ ] BY U.S. MAIL, I deposited true copies of the document described [certified] above enclosed in a sealed envelope by certified mail at Orange, California, with postage thereon fully prepaid. [ ] BY FAX I caused such documents to be faxed to the above-mentioned address(es). ~] BY EMAIL I caused such documents to be emailed to the above-mentioned address(es) email. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 10, 2008 at Orange, California. ~~~ ~~a Gina Monteiro 18A-7 SERVICE LIST JAMS REF. #: 1200040532 CASE NAME: Miller, Daniel vs. City of Santa Ana Ryan Hodge Esq. City of Santa Ana 20 Civic Center Plaza M-29 PO Box 1985 M-29 Santa Ana, CA 92702 Tel: 714-647-6520 - ~n~1 Sa p~ Fax: 714-647-6515 Daniel Miller 1320 N. Cabrillo Suite # Santa Ana, CA 92701 Tel: 714-496-0737 18A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2008 G 2,ct,~,,...-- CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the following seven major elements: - Type of investments; - Date of maturity; - Par and dollar amounts invested in each security; - Weighted average maturity of the investments; - Source of the market value information; and - Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. In compliance with State law and the City's Investment Policy, the attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of June 30, 2008. 19C-1 QUARTERLY REPORT OF INVESTMENTS August 18, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~~ Francisco Gutierrez Executive Director Finance & Management Services Agency 19C-2 CITY OF SANTA ANA TREASURER'S REPORT as of June 30, 2008 EXHIBIT 1 19C-3 ~ b ~ ~ v gy m? ~ < c O o o~ i o ' m m~ 0 0 O il'- O~ n n y ~ ~ o ~ ~ m j ~ o N n ~ f . . ~ ~ D ~ j~ N d D 7 N n ~ N N N ~ ~ 7 ~ ~ ~p a > ` ~ 0 d ( d - S ~. _' ~ .. n n D -p '~ .. a 7 'O d .' _ - ~ 3 d 7 n N - ~ d K K 7 VI ~ oo ~ m ~ co `~ H 'a m~ ~ ° n m ~ ~ C _ ~ ' Z d(~~ ~ .O.w W d - ~ ao ~ c 3 N ~ 3 a (D -< o C Ul in d < cc~~ N o~ m C O 7 N y OOf ? < fD 3 d d. O N n C i ~. ' y o ~- . c tOD ~ ~ m D ~ -' N ~~ 7~ 7 ~ ~ n c 7 N D ~, ,~ p 7 j C ~• O O- N l O fD '~ 3 ~~ . i N .... .N+ N N b 7 ~ ~ c, a rn ~ N 7 m m Y W ' y ~ O. O ~ N 0 ~ O 7 ~ C fD ?t ~ 7 fD fA (D j W X n O ~ W O O. C ~ 7 O O 7 W V W 01 N O 7, " ' 7' 7 O) N~ d N Of fA 00 O W A f11 W 7 Q S V W m O O W - ~ O W+ N W O O a y~ N O N ~ A 7 a ? N ONO ° ~ ~° ° ° m ~ W ~ A ~ 7 . o o o ~ N ~~ O T ~ ~ ~ 01 N A O~ VW O O !D z 7 ~ A 0 ('f ( 7 d -o a N d A 7. ( 7 Q D . a >_: 3 ~ ~ w w -p N O! _ ~ d CD s (O ~ W O ~~ N w N A m w V O O d ~ ~ ~ _( O N ~ ~~~111 V~ O N C S C N ~ W~ W O ~ C ` d _ N D. ~ O s W N Q1 t0 (p O V O O O N O O C~ fD w ~ O ~ ~ O O (D ~ N in o n W O ~ ~ (n O N ~ 4 ~ N ~ ~ ~.,~ ~ -~~7 ~3 D N d n W W O 3 . 7 ; W W ~ ~ ~ O ~ N d Q1 V ~ N W O d n< O O N p p c~0 A V V O ~ CO -' CD `G N ~ W W W W V O _ Q O 3 W N O N A~~ O N W fD ~ ~ . (n 7 d~ 47 A W N W N N V O O N O N O O C O W Or 7 a ~ o C d '< p ~ W N a d d O O O W W ? ? O o ? 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a~~ n ~, ~ 1!7 M N~ G G~ O O O N N O N O O ~aa~aM~ a aaaaaa O O O O O O O O r r r r 0 0 0 0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C C C C C C C C C C C C C C C C Lt1 CO 0] m m m m m m m m m m m m m 9 :~ ~ :~ ~ C C C C C C C C C 10 l0 l0 l0 lV l6 17 10 lV U U U U U U U J J J J J J J J J E E E E E E E E E E E E E E E E LL ti lL lL lL lL lL 2 2 2 2 2 2 2 2 2 A N (0 lp l9 10 lV f0 f0 lC 10 10 R N N lL0 m m m m m m m m m m m m m~ `m m V V O ~ ~ V V V 'O 'O 9 9 'O 9 V ~ m m m m m m m m m m m m m m m m LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL N m .` 7 d (n 07 n 01 0) M 01 O M O r W M (O N u'1 00 O] n O n N ~ M C C N N N N N M ON O O N N N N rrrrrr rrrrrrrr a r r r r r r r r r r r r r r r r 0 0 v c m Q ~ LL LL 2 CJ J~ LO X M X N C7 ~ 001 ~ i X~ F~ N N~ O W LL~ 2 LL LL Y } }}} X X~ X X X X X X m M M M M M M M M M M M M M M M M ~ M M M M M M M M M M M M M M M M LL M M M M M M M M M M M M M M M M cnUN~ Q ~ m ~ > O n r O °~ a o E ~ d ~_ LLI LL a_ LL N O ~ O r ~ V h ~ f~ V c0 N M O) V ~ cD c0 M 07 N N 0) N f~ N t0 ~ c0 01 c0 c0 117 O M f~ ~O N I~ c0 f~ O O c0 I~ c0 N O Q7 CO M N O t0 M 07 u' M Of d N ~~ 1 O c0 O O~ u7 O O O O O t` h M M N~ <O O O c0 N I2) 7 i17 O c0 B O O c0 ~ r r T ~ a O 0 0 .- .- 0 0 0 .-- O .- .- O O O O N N N ~ 0 0 0 ~ 0 01 N O N O O ~ O T m O O O O O + -' '= O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N I~aa ~~ ~1a~~aa0~~7a~7~a ~7a~a~7 ~ ~,~ N _ ~ ~ N N N O O N N N O ~ M N N O ~ O N O ~ ~ N N O N (~ M 01 ~ O (~ ~ a (~ iD t0 cD ~ O a r M fV 1f7 ~ f~ 00 O O a ~ ~ 177 ~ O O 0 0 O ~ O ~ .- O O O 0 0 O ~ .- c- O O .- O ~ ~-- O ~ ~ ~ O O O O V~ a o 0 0 0 0 0 0 0 0 1f7 0 0 0 o u7 o In o 0 o a o ~ o o rn o 0 0 0 0 O M ifJ O M M O N O O W 1f1 f~ 0 0 O_ O N_ O N_ 10 X 0 0 u7 O~ O) u7 N 0 0 0 0 I~ O 47 N O 10 O ~ W N M V7 M N ~ 1~ O M 117 ~ N M O O O O 0 0 F M 1`') (h 1M fM N 1M f+) ('7 M M M M M M M 127 LL7 ~ ~ M 1M M M M 129 If] I17 117 M M 7 M } (~ O O W 1f7 00 10 O M N ~ W N !~ O N O .~{ 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O) ^ N . -- m O m O O m 01 m O O m O O IA N O O O 12'7 O O 01 c0 O O O O O 01 W O 07 ~ .- N N fV M M ~ ~ ~ N ~ ~ M ~ ~ N ~ N ~ ~ N N M m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 7 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O c0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O A I~ O O O O O O O O O O O O O O ~ O O O O O O O O O O O O O O O O O a ~ o 0 0 0 0 0 0 0 0 0 0 0 0 o u7 0 0 0 0 0 0 o rn o 0 0 0 0 0 0$ o N ~ O O O O O O O O 0 0 0 0 O 117 N O O O 117 O O O O O O O O O 0 0 O ~ ~ ~ ~ ~ ~ M M ~ M ~ tt M .-- .- .- r N .- r M .- N N ~ N '- r N M .- M ~- d ' ~ O O O O O O ~ ~ LL O O O O O O O O O O O O O O O O O O O 1~ O O O O O O O 0 ; 0 ~ O O O O O O O O O O O O O O O O O O O O O O O O r O O O O O O O ~ O O O O O O O 0 0 ~ O O O O O O O O O O O O O O 0 0 O O O O O 0 0 0 0 0 0 0 f O O 0 0 0 0 0 0 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N C M r r N N N r r N r r M N r r r r r fV r r r r a ~ _ J N' C Q N p; m m a o o ao m ao ao 0o m 2A o m co co ao m co ao m m oo ao m co 0 0 0 o w o m w oo ca o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N ~ N N N N N N N N N N N N N N N N N N N N N N N aaa~~~~aa1~~000aaM~~~~~~m~~7~~~~M~~ a N N N N N O O N N N O N N N O O O O O O O O O O O r_ r r r r N N N _ _ e ~ O O ~ O O O O 0 0 O O O O O ~ ~ O O ~ O O ~ ~ O ~ ~ O O ~ O ~ O LL U U U U U U U U U U m o d d o a~ o a~ m o m m m m m m m m m c°'a rn rn rn rn rn rn rn rn a rn r C C r C C C C C r ~ ci ti ci ci ci ti ci ci ~ ci ci ~ i i i i i i i i i i c c c c c c c c c c 0 cc 0 0 0 cc 0 0 cc 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 G ~ ~ C ~ ~ ~ ~ N N N N to y N N N VJ h C N N N N !n N N N N N N N C C C C C C C C C C a~ a a~ a~ a a a a a a a~~~ a a¢ a a" a R N 10 10 10 f0 (0 N f0 l0 J J J J J J J J J J ~ O O) O) O m O) O OI O !T Ol IT !T O) Ol m m O) O1 m 0) m N N N d N N N d N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m E E E E E E E E E E-_ i. %_% s. z-_ z%_ z s:. s, z_- z_ 0 0 0 0 0 0 0 0 0 0 io io m m m ~v m m m is m m is m m m ro m m m m ;~ m 2 2 2 2 2 2 2 2 2 2 Z Z Z Z Z Z 2 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ m N N m m N m N N m N m N m m m m m m w m m m m m~ m m m~ m io R m ~ N N G7 N N N N d G7 N ~ N N G7 N d ~ N d N d d d d d N N C7 N N ~ N d - w v v a v v~ v v~ v v v~ v v v v v v v~ v v v v v v v v v v v 'o ~ m a~ ~ m o d m a~ ~ m d m o d o o m m m m d o m m o a~ a~ o o d d a~ LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL N d .` V m E d y GI ~ f~ N M ~{ 1lY O W M ~ O M N N V ~ W O O V 47 O O V t0 T N O) O O ~ c0 tD ~ t0 M M O n M W ~ O O O O O O ~ M M M M ~~ N N N M M M M M M M M M N+ M M M~ M M M M C ~ ? e M M c J ~- ~ r r r r r r r r r r r r r r r r r r r r r r r r r ~ r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r V y O v C d ~ _ Q M O M ~ O p N <O ~ 1~ M M O O W f~ N O 127 O O W N M N N N I~ m h M O ~o LL W I N N N LL W !~ W Z M M N h ~ 11 ~ M m ^ C7 Q Q Q (~ tq U U 2~ N N Q m U O LL W~ LL Z a C7 2 Z f7 ~ H m ~~ a ~ ~ o o r` ~ r` m 20 ~ ~ ~ w co eo ao co o ao co co co ao w co co ~ w rn o rn w ao y m rn rn rn rn rn rn rn rn rn ao ao m ao ~ o eo co co 2p o ao ca 2a7 co co ao o w~ m m (A ~ M M M M M M M M M M 117 h 117 LL7 117 In 127 In N lt) 117 117 h to N In to It) 117 N O O Ifl ~ M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M U LL (h M M M M M M M M M M~~7~=~ M M M M M M M M M M M M M M M M M O („~ N U ~ ^~ ~> ~ n r O m a 0 E ~ d ~ ~I d LL d l0 a N 0 .~ ~ 0 ~ N p C M a ~ ~ J f'q a = ~ 'C A N o~ 7 O A U ~ ~ M U c M ~ ~ H } C r m ~ t ~ 7 U m m m A 01 7 A a m 7 Y °o m yy L ^ U a m Iy/! C m E H m C al y U 00 ~ uO7 O N~~ O M I tO+7 0 0 0 0 0 0 0 0 0 N N N N N N N N N N O N M N O O O N ~a~maaaa~, O r r O O r r r O M r ~ N N O ~ W c0 I a0 O] r 0) t0 oD 00 c0 O N O r r O~ ~O N N N N r N N N N N fV 0 0 o rn ~ fV N N r N N N N N fV N N N h OOi OOi 7 V OOi O O O ~ O O r r ~ N N N r N N N N N °o °o °o °o °o °o °o °o °o °m c o c c c c o c o ~o ~ N ~ N tO0 ~ ~ N ~ < h t0 01 00 ~ N M M cD O ~ 0~7 Oni ~ W ~f ~ W ~ O M r r r ~ r N 07 M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O °n o° °o °o °o u°~ °o °o °o M N N N o0 r r ~ ch r M 0 0 0 c~0. ~ cM+7 N c+i O ~O O ~7 a0 f~ 7 ~ O O ~ O O ~ u7 'V' c0 V N O N O v rn rn rn atOO v rn rn rn M r r r ~ r N N M N N 0 ro fV v r l~7 M O G O M M W M K1 c~'1 M N M M n CM'1 V w M ~~ m O O o N N N N N N N N N N O O O O N N Q O O O O O O O O O 9 C A A O N U U U U U U U U U O O O O O O O O O V! 41 N N N N h N N a" a a ~ ¢ a a ~ m m m~ m m m m m R ~ ~ R z z z z z z z z z ~a m m ~v m m m m m a~ d a~ `m ~ `m m` m` ~ LL LL LL LL LL LL LL LL LL W 4f .` 3 V d N ~ O N ti 01 c0 a0 cO 7 M t~+7 M M M M~ r r O r r r r r r r r r V N_ V C d ~ r Q o m ~ ao 0 0 ~ a0 M ao eo M W O H ~ 2 U I- ~ `~ C7 ` aOO a°DO aa0o ~ aOD a°DO aOp ~ aOo ~ M M (~7 M M M M M fO7 d ~ M M M M M M M M M m m a> C m W C 01 E N YI > C N O H 9C-9 U N N U v d ~ ~ o ar O d °a O E. ~ d N LL LL a LL co d a w 0 ~ ~ N ~ ~ M O a v ~, c J ~ a '~ c LL U_ '~ fh F Y U c F M ~ ~ C r t ~ 7 U m 7 N m c O C 0 ~n o ~ m O O ~ c0 O a0 ~ M ~ ~ ~ ~ ~ ~ ~ m I!) ~ O 0 O 0 0 N M ~f7 1+7 N M N M dl ~ O c- <O N N ~ 7 O O r M 1"1 i0 q (O O ao r Uf Uf M ~ ~ 7 r r r ~ LL ~ ~ ~ ~ ~ ~ ~ m d y m ~I s O a 0 0 0 0 ~ O O O O m N N N N ~ O O M O Q 0 o a o ~ c w m a' L a m U m 0 w A 0 .n C 0 c m 7 H a c m E Vi m C al y U N U m U U U ~ ~ ~ ~ LL Q Q Q C O O O Q Y Y Y r~ C C C C N N N N m m m cn ~ ~ ~ ~ r chi rn of a0 M N c0 ~ r r .~-, l~l H ~p C m °~~° ~ n C ~ ~ ~ L N t0 ~ M ~ (~ (~ U ~ r v}i LL m N c c m c a L N A U O F 19C-10 O U N ,°" U a, `m ~ > O n r O ~ a o E ~ d LL LL~ d' a_ LL ~a"" ~ ~> ~ a C O ~ O i. ~ ~ N O LLI K a O O 0 r •~ r c~ ~' ~O 1 0 `~ ~ ~ M C r ~ ~ 7 U d d Y 10 d 7 L r ' ~ G1 a ~ N ~ N ~ d ? r ~ D N ~ y m W ~ o O ~- ~ N Y V) W . O ~ ~"~ d o m ~ C ~ ~ ~ N ~ U y ~ ~ W d ~ d ~~ N N ~o _ ~ a N ~ a c~ U d N C d E H c a N 7 U Q N d .~ N ~O Q1 Cf U LL W U Gf 7 N y C fl. E 0 U .. h V F L w N N r Z m ei d N V F- !i ~ I O M O O ~ O N O a-- O O c`7 °o I °o 0 0 O 0 O 0 O O 0 0 O O O 0 0 I~ o N ~ o Q o ~ 0 a N c LL E m L N (0 U Z N l6 N 7 N 0 O ey+ O e O V a w Y R ~ °o m C ~ O ~ ~ 1 a v d E H d c O f- Q co rn a> C .~ V C a <o C ai 7 N 19C=1' C R a E 0 U .. N L H L :~ N Z m ai d N L I ~ N I O O c0 O N O ~ O W N °o I °o 0 0 O 0 0 O 0 o R N ~ o Q o ~ 0 a N c ~i E m L N U N lC d ~"' J N 0 N ~ .. o c ~ O V a d Y ~ ~ y °o c ~ O } ~ ~ ~o O C O O 0 O 0 R a d E Yl d c F y a~ c v O d V a° C a w C ea N ci 7 N N r N r N b O N 10 O O m O R a a c A C d E d C l0 O F Q N `t N O ~ ~ a r .O ~ a O E. ~ a ~' 0 0 LL~ a O D ~ F lC a ~d .7 0 M O M C r d N ~ ~ U d 7 A d Y N d 7 A > 10 a F- N ~ m Z +' ~ N 3 O 2 ~ N °o f!1 N O m W ++ M F= ~ N N ~ ~ 7 ~ y 7 U d W > (~ C y y ~ ~ N ~ (n U Q a' V d 7 N C E N C a N V A a O U a 7 FL- L a~+ N d Z m d w N L F- 7 I a M PO1 C a N V O O n h N N cp <O O Of O O ~ r N N (O 10 O~ T O O N N O r v a N b a' o ~ ~a O (n c a E 0 U in 2 E m N d } Z m n H O C ~ O V Y i`v ~ no m C ~ O ~ ~ N r M V O ti N t0 Of O N O rn O M N r m O Q 9 c m N C w C O F _~ a a t0 C a a~+ C t0 ai 7 N y C a O U N L w N d Z m N w N V H N I N aO OD ~ ~ v 0 0 ~ ~ ~ b ~ ~ cD 10 f0 t0 W n O n n M M O W O O n V V ~ N N N ~ e m A M M ~ ~o v a N N ~ OOf M M f0 10 v v M Cf N ~ M Q M ~ o ~ R O y N ~E J N U 0 a ~o ~U C l0 LL a O W v 0 0 U ~ ~~~~ O H /0 1C r M O 'Q N N eo 01 M so a O N t0 OOf 10 •t d OI A Q .D c m C d E N C A O m M O ~o a d Q' f0 a !0 C t0 7 N 2 C A a 0 U y L H L rd+ N ?d 9 r Z m .~. N V H N N N N N V N N N (O tD O N N (O 10 N Ui O O ~I ~ I ~ In Ifl O O a d N ~ O Q n .0 o ~ a O a fn N 7 a m d 0rn G" c0 41 N O r C ~ O V i a Y ~ o y o c ~ O ~ ~ Q N ~ ~ ~ a r O ~ O 1. ~ LL~ a 0 O M O d ~ V ~ ~ r a c~ ~' .d. ~ 0 10 M ~ ~ M C w y N ~ ~ 7 U d d Y `m d N a H N H d Z w fA j ~ ~ = Q N O fn w O m W C M F- N ~ E 7 N U d W > fn C a~ ~ w l0 (n U V a' d N C N c a U R w 0 Q d 0 O N !L C a R C f~ d 7 N C Q E 0 U N -~. ~" d N Z m d r w 3 a0 I OD N N N tV N v v M M ~ T M M M M v v cgi ~i rn o~ M M M M v v M (`~') lM7 ri of a a ~ m N N a o a c R W O N C LL t l7 U Z N N 7 ~ ~ Y ~ C ~ ~ ~ O V a d R ~ ~ d ~ C ~ O ~~ N I N N N N co m ~ n N N W 07 ~ ~ rn rn ~ I r N N Q) Of r~ m N 10 o Q o 'o c ~a O .O fA C li C N y m c T C N Q c~ J w 9 C 7 LL ~+ ~ C ~ N O E ~ N ~, V C Q~ O~ R oho J ~ O im i ~ N N N 0 M V a 0 M a a O M V a m O1 Q c m w C d E w C ~"' o~ ao d V !6 Q !4 C a C f6 d 7 19~-'~ 3~ I C Q E 0 U N V H C V r w Z m d w N L ~ I N ~ n V V O v v M M v a ~ ~ v a ~ ~ r n M M v v ~ ti V ~ r ti v m N O o Q ~ ~ o ~ m 10 O a (A r R N F- _~ ~i N ~ O C dp 3 V a d 10 ~ ~ ~ O d ~ C ~ 0 ~~ O 'rQ I v M a ti av b l'1 v ti .e~..ee~~ n r m 1 Q c t d E d C f a N d .~ N OD rn R C a R C t6 d 7 w C Q E 0 U N i F- w N Z m d w w 7 V1 c 7 O V a Y R d C 0 ~ F a c~ ~' r ~G ~o M O M C r ~ ~ 7 U d 3 R d Y R d 7 A A a F- H N Z :' ~ N ~ ~ ~ O > N _ ~ O O V1 y O m W +-~ M ~ ~ C ~ ~ 7 ~ y 7 W > ~ C d d y lC V O Q a' V /V tll 1/1 c d E N C a fA U C CQ G U y 7 L L w N Z m d N i m Of D1 ~ r r ~ O n 'R er 'a C M CO9 M M M M IMi I+M1 cM7 O O O 1OD 100 100 M M M M tM IM M M M O O O 100 {00 100 M M M M M M ~ 1°DO 1O0o N ~ ~ \ ~ a' a n 0 m Imo o ~ m ~ E 7 N N d C r H 7 !n d I d d d ~ M W y d to O Of C ~ Of O e"' t0 Q Q d ~ ~ C lC t0 ~ o ~ ~' o d ~ } w ~~ _ C fl. V N 7 L ~"' w N Z m d d N ~1 ~i~ ~ O 07 ~ r r ~ ~ ~ '7 'Q ~ m V ~ 001 T 10 /0 10 N N ~ N N N N N N ID i0 i0 ~ T 001 10 10 10 N H lO N N N N N N la Ic m ~ T 001 ~ lO0 O h N N N Ic to to O 100 ~ N ~ d a' a' 0 a A o ~ m ~ E 7 N N d C C F 7 N R d U and d Q N N C ~ C ~ Q> 7 r O ~ Q Q d w ~ C A !0 ~ o N c ~ ~ ~G-14 y C CQ G U y I 7 L L a~+ N ~" Z m d d y tom. F- V ( ~ (00 r '7 ~ m V ~ W N N N N ~ ~ N N N N ~ ~ N N N ~ o Q r` ~ c to A 0 a 7 fq 7 y l0 /0 (V w O O C ap O tV Q Y R ~ o aTi °o c °O O ~ ~~ O r n a N N N N Ip N d O1 a c m c E d C O H Q N F- ~ > ~ a r O °~ g, 0 E ~ a ~' 0 0 LLI a u> o ~ d ~yy ~V ~ T w a c~ ~` •~ 0 .o ~ ~ M M C N d R ~ ~ U d Y R d 7 W a H Q' H y ? +~' u N ~ ~ ~ O ~ _ ~ N G m W_ w M ~ d C ~ ~ 7 ~ N ~ W > y C ~ ~ 2 _ N ~ V) v ~ U a d 7 Y! N C d E N c al U m N f~ d J Q M O O N d a' t0 C Q C to d 7 N N C a O V w y 3 H :: d Z m ai d N H ~I ° ° ° v N v N v N N N N N N N V N M M M I O M V O v 0 W v7 O 0 v ar N d O Q n y o ~ ~a '.4 0 a N N 7 a z fq d H O m N LL N d 3 y o c $ O V Q r m ~ o y o c ~ o ~ ~ ~ Q N ~ ~ o ar ~ ~ c O 7. ~ a ~' 0 0 ~' a M V' O 0 m 1 ~o c m c d E N d C O r 19C-15 19C-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS /, r / ',f ,, /// ~ ~_ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19D-1 R MEMORANDUM To: Laura Sheedy, Assistant City Attorney Date: July 17, 2008 City Attorney's Office From: Executive Director of Finance & Management Services Subject: REQUEST FOR DESTRUCTION OF RECORDS The Finance & Management Services Agency requests your consent to destroy city records relating to the Treasury Division on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. `~'~ "" -- --~ -:.. _, Francisco Gutierrez -c~ ~~ Attachments .n -:~ C: Christine C. Duarte, Treasury Division 19D-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE 8~ MANAGEMENT SERVICES AGENCY -TREASURY DIVISION 2008 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES BANKS Daily Bank Balance Reports of daily banking activity. June 2005 Report and Prior Deposit Slips Treasury's copy of all City deposit slips sent to bank June 2005 and Prior Returned Checks Copies of customer checks returned by bank, letters sent June 2005 and Prior to customers and other miscellaneous documents Statements Statements relating to investment banking. June 2005 and Prior Transfer Activity Records Documents ertainin to the wirin of funds to/from bank P 9 9 June 2005 accounts and Prior June 2005 BUSINESS Monthly Register Miscellaneous Business License Account Summary and Prior LICENSE TAX Reports Information reports. Deletion Records Deleted and/or cancelled accounts. June 2005 and Prior Gross Receipts & Business License Tax statements filed by business June 2005 Variable Assessments operators. and Prior Statements Miscellaneous Receipts Receipts for miscellaneous payments. June 2005 and Prior Original Applications Original business license tax applications. June 2005 and Prior Payment Records Statements relating to calculation and payment of June 2005 business license tax. and Prior Renewal Registration Statements relating to business owner information June 2005 Records and Prior Payments /Daily Cash Business License Tax payments received and processed June 2005 Receipts via Treasury cashiers. and Prior CHECKS Voided /Canceled Checks voided/canceled; issued b the Ci y ty; includes June 2003 Checks & Related Housing Authority, Workers Compensation, Payroll and and Prior Reports Vendor; includes checks voided as a result of printer misali nment. 19D-3 .- RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES CHECKS (cont.) Paid Paid checks issued by the City, includes Housing A th i W k C f P l June 2003 or u ty, or ers ompensa ion, ayro l and Vendor and Prior checks. Transmission of all List of all City checks issued to allow bank to clear checks June 2005 checks issued by City to through account for Positive Pay purposes. and Prior Bank. DOG LICENSES Original Applications Application for Dog License; Including Rabies Vaccination June 2005 records. and Prior Reports Daily payment information; unpostables; renewals; li li t t l June 2005 noncomp ance; ag s ; pena ties and Prior Payments /Daily Cash Dog License payments received and processed via June 2005 Receipts Treasury Cashiers. and Prior Cancellations Dog Licenses cancelled June 2005 and Prior HOTEL Filing Records Original Registration June 2005 VISITORS TAX and Prior Payment Records Monthly filings and remittances June 2005 and Prior WATER Applications for Service Original copies of applications for installation of new water June 2005 ACCOUNTS service originated by Public Works and Prior MUNICIPAL Billing Register Reports Computerized reports detailing accounts billed & June 2005 UTILITY respective charges and Prior ACCOUNTS Work Orders Investigations of water meter notices and meter June 2005 exchanges and Prior Customer files Miscellaneous information /correspondence regarding June 2005 customer accounts and Prior Deposit Reports List of Municipal Utility Service accounts that have a June 2005 deposit and Prior Payment Report Lists, daily receipts processed via Treasury Cashiers to M i June 2005 unic pal Utility Service accounts by account number and Prior Payments Daily receipts processed to Municipal Utility accounts by June 2005 Services account number and Prior Municipal Utility Services Municipal Utility service Refunds requests and backup June 2005 information and Prior Aging Report Lists balances of all Municipal Utility Service accounts June 2005 and Prior PARAMEDIC Billing Payments Paramedic Billing payments received by Treasury June 2005 and Prior PARKING Collections Itemization of citation payments collected by contract June 2005 CITATIONS service a enc and Prior 19D-4 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES Register Parking Citation Payments process by Treasury Staff June 2005 PARKING CITATIONS and Prior (cont.) Amounts Written-off List of parking citations written-off by DMV June 2005 Re ort and Prior DiMV ns Referred to Itemization of citations referred to DMV for collection June 2005 and Prior DMV Collections DMV parking citation Collections June 2005 and Prior REFUND REQUESTS Business Tax Office Utility Users Tax; & dllisc. Refund requests to Treasury Division; includes supporting documentation June 2005 and Prior Refunds TREASURY Daily Treasurer's Report of daily revenues received with detail payment June 2005 Reports information and related working papers and Prior Treasury Investment A ti i d All documents pertaining to Investment Activity June 2005 v ty Recor c s and Prior UTILITY USERS Exemption Applications Homeowners low income exemptions applications June 2005 TAX (UUT) and Prior Filing Records Original registrations June 2005 and Prior Maximum Tax Filings Annual registration and maximum tax payment records June 2005 and Prior Payment Records Monthly filings and remittances June 2005 and Prior PREPARED BY: Minerva H. Mancha Date Treasury Services Supervisor CONSENT BY: 1 1g J~ ~~n ~o ~~. ~. l I~ Francisco Gutierrez Date Executive Director Finance & Management Services RECORDS DESTROYED: 37 Number of Boxes APPROVED BY: Joseph Fletcher !/ Dale City Attorney 19D-5 Memo To: Laura Sheedy, Assistant City Attorney CdyA~omey'SOlfioe ~ `i From: Anita Ayala, Records Manager ~ ~~ Date: August 4, 2008 N Re: REQUEST FOR DESTRUCTION OF RECORDS a~ ,.> The Police Department requests your consent to destroy city records on the attaching listings, in accordance with the retention schedule outlined in City Council Resolution 200Cr045. Thank you. s~ ~ a ~ ~~~ ~ ~-,'~ ' ` ,.. Anita Ayala, Records Manager Police Department 19D-6 .~ CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Record Record Series Record Description Record Dates Category Supervisor Logs Sgt. Shirey and Daily logs written by supervisors June 2002 and ASO II Riles documenting shift activities. prior Correspondence Council Requests Copies of forms used by the June 2006 and Mayor and Councilmembers to prior request information and/or certain staff actions Correspondence Incoming General "Loose" correspondence that June 2006 and Correspondence cannot be legitimately attached prior to some major record series such as AGMT or PROJ Agreements Agency/Department Contracts entered into the City June 2004 and Head-Approved; relating to goods,services, legal prior City Council- settlements and program approved; City responsibilities; includes joint Manager-approved powers agreements Prepared by: Name: Marty Shirey Title: Sergeant Date: 6/26/08 Number of boxes to be destroyed: 4 ---------------------------- ---------------------------- CONSENT BY: Paul M. Walters, Chief of Police Police Department APPROVED BY: ~ 3 ! - ~' Date ~ l' / 0 Page 1 of 2 !.- 19D-7 ~, CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Joseph Fletcher Date City Attorney Records destroyed by: Print Name & Badge # Signature Date of destruction: Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page2of2 19D-8 ~~ n '~ coo ., .~ ~~.,~,w.. mm~ Memo To: Joseph W. Fletcher, City Attorn ~ ~" ~ / .~~-~ ~ ~ ~~ From: Carolyn Richard, Claims 'stra ' Manager Date: August 8, 2008 Re: Workers' Compensation Destruction of Records In accordance with the citywide records retention adopted by the City Council and amended by resolution number 2006-045 in July, 2006, attached is a 6 page alphabetical listing of indemnity and medical only claim files ready to be destroyed on 9/1 /08. These files are at least 5 years old and/or are beyond the statute of limitations. We have no more room to house these 179 files. We began this project last year and council approved the first batch of files reviewed on 1/7/08. We will be commencing a final round of review of files with a goal to finalize the project by 12/15/08. I have notified the City Clerk's office that I am requesting this action on the August 18, 2008 Council Agenda. Please authorize the destruction of these records without need for microfiche. We have essential electronic records on file in our workers' compensation software. APPROVED FOR DESTRUCTION: ,. .~~~ ~~Jos W. Fletcher, City A or ey CONSENT TO DESTROY: ~~'' Enrique J. Alva, Executive Director Personnel Services 19D-9 City of Santa Ana Destroyed Files Claim Log Claim Number Claimant Injury Date Type Destroyed Date File Location Organization File Destroyed Date: 2008-09-01 99LIB0007 Bainbridge, Jeanne 01!05/1999 Medical 09!01/2008 Destroyed Library Department 98CDE0190 Bates, Anabell 06!03/1998 Medical 09/01/2008 Destroyed Community Development 98CDE0376 Bates, Anabell 10/29!1998 Medical 09/01/2008 Destroyed Community Development 90140006 Bazaire, Gerald 03/03/1989 Indemnity 09!01/2008 Destroyed Fire Department 91140076 Beilby, Karl 02/14/1991 Indemnity 09!01/2008 Destroyed Police Department 94PDS0133 Bertagna, Anthony 04/29/1994 Indemnity 09/01/2008 Destroyed Police Department 85000296 Blankenship, Donald 03/01/1982 Future Medical 09/01!2008 Destroyed Police Department 00-1409 Blas, Albert 05/30/2000 Indemnity 09/01/2008 Destroyed Finance & Mgmt Svcs 01-1591 Bodo, John 1 110 2/20 00 Medical 09/01/2008 Destroyed Fire Department 90140185 Bollinger, Peter 04/17/1990 Future Medical 09/01/2008 Destroyed Police Department 00-1395 Bonilla, Cecilio 05/03/2000 Medical 09/01/2008 Destroyed Parks, Rec. & Comm. Svcs. 00-1068 Bonilla, Rene 0 7/0 511 99 9 Medical 09!01/2008 Destroyed Police Department 97FDSO411 Brocker, Douglas 12/23/1997 Indemnity 09!01/2008 Destroyed Fire Department 98PDS0012 Brunmeier, Anthony 01!15/1998 Indemnity 09/01/2008 Destroyed Police Department 98PDS0039 Burns, Martin 02/05/1998 Indemnity 09!01/2008 Destroyed Police Department 00-1350 Burns, Martin 03/29/2000 Indemnity 09/01/2008 Destroyed Police Department 01-1497 Cabrera, Domingo 08/14!2000 Indemnity 09/01/2008 Destroyed Police Department 92PDS0368 Cabrera, Michael 10!01/1992 Indemnity 09/01/2008 Destroyed Police Department 98PDS0060 Cabrera, Michael 02/22/1998 Indemnity 09/01/2008 Destroyed Police Department 91140408 Grove, Jeffrey 12/02/1991 Future Medical 09/01!2008 Destroyed Police Department 98RPT0051 Guadalupe, Awilda 0 2/1 711 9 9 8 Medical 09/01/2008 Destroyed Parks, Rec. & Comm. Svcs. 01-1538 Guillen, Martha 09/16/2000 Medical 09/01/2008 Destroyed Police Department 98PDSO428 Gutierrez, Edward 12/18/1998 Medical 09/01/2008 Destroyed Police Department 00-1307 Gutierrez, Marco 12/02/1999 Medical 09/01/2008 Destroyed Public Works 99PDN0141 Gutierrez, Rene 04/29/1999 Indemnity 09/01!2008 Destroyed Police Department 01-1470 Hall, Albert 07/21/2000 Medical 09/01/2008 Destroyed Fire Department 00-1282 Hall, Albert 02/01!2000 Indemnity 09/01/2008 Destroyed Fire Department 93LIB0297 Hanks, Linda 09/22/1993 Medical 09/01/2008 Destroyed Library Department 98FLT0403 Hardimon, Tyra 11/19/1998 Medical 09/01/2008 Destroyed Finance & Mgmt Svcs 94PBS0380 Hart, Howard 10/21/1994 Indemnity 09/01/2008 Destroyed Planning & Building Run Date: 08/07/2008 17:19:03 Run By: FROMERO City of Santa Ana -Confidential Page 1 of 6 19D-10 Claim Number Claimant Injury Date Type 95PBS0108 Hart, Howard 0211 7/1 99 5 Indemnity 95PBS0374 Hart, Howard 09/21/1995 Indemnity 99PWC0086 Hatsakordjian, Berdj 03/08/1999 Medical 98PBS0023 Hausmann, Mary 0 1 /2211 9 9 8 Medical 00-1237 Hawkins, Devon 12/20/1999 Indemnity 98PDS0074 Hayes, Paul 03/02/1998 Indemnity 80001662 Heaney, John 04/03!1979 Indemnity 92PDS0225 Hebert, Tanya 06/25/1992 Indemnity 98PDN0007 Hebert, Tanya 12/03/1997 Indemnity 80000401 HefFley, Maxe 0 5/2611 9 7 6 Indemnity 91140416 Lampman, Deborah 12106!1991 Indemnity 01-1528 Lofton, Oliver 07/21/2000 Indemnity 97PDS0357 Lopez, Alejandro 11/01/1997 Medical 98PDS0124 Lopez, Alejandro 04/1 111 9 9 8 Medical 98PDS0167 Lopez, Eva 05!18/1998 Medical 98FIN0130 Lopez, Jesse 04!1411998 Medical 99PAR0037 Lopez, Michael 0 1 /2611 9 9 9 Indemnity 98PAR0034 Lopez, Steven 02!06!1998 Medical 98RPT0249 Lopez, Steven 07/1 111 9 9 8 Indemnity 98RPT0370 Lopez, Steven 10/25/1998 Medical 99-1045 Lozano, Efren 05/26/1999 Indemnity 00-1062 Lucas, Ted 03!01/1999 Indemnity 00-1296 Lujan, Mario 02/04/2000 Medical 99-1043 Lujan, Mario 0 6/1 611 9 9 9 Indemnity 98PDS0156 Luna, Raul 02/03!1998 Medical 98PDS0170 Luna, Raul 04/30!1998 Medical 00-1205 Luna-Garcia, Rebecca 10/26/1999 Medical 00-1467 Maas, Gayle 03/31/2000 Indemnity 98PBS0259 Macdonald, Alan 07!22/1998 Medical 99-1041 Macias, Manuel 06/1 011 9 99 Medical 98FDS0406 Macias, Miguel 11/16/1998 Indemnity 00-1432 Macias, Miguel 06!21/2000 Medical 98PDS0158 Maciha, Gregory 05/09/1998 Medical Destroyed Date File Location 09101 /2008 Destroyed 09/01/2008 Destroyed 09101!2008 Destroyed 09/01!2008 Destroyed 09!01!2008 Destroyed 09101/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09!0112008 Destroyed 09!01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01!2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09!01/2008 Destroyed 09!0112008 Destroyed 09/01!2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01!2008 Destroyed 09!01/2008 Destroyed Run Date: 08/07/2008 17:19:03 Run By: FROMERO City of Santa Ana -Confidential Organization Planning & Building Planning 8 Building Public Works Planning & Building Police Department Police Department Police Department Police Department Police Department Fire Department Police Department Police Department Police Department Police Department Police Department Finance & Mgmt Svcs Parks, Rec. ~ Comm. Svcs. Parks, Rec. & Comm. Svcs. Parks, Rec. & Comm. Svcs. Parks, Rec. & Comm. Svcs. Fire Department Police Department Parks, Rec. & Comm. Svcs. Parks, Rec. 8 Comm. Svcs. Police Department Police Department Library Department Police Department Planning & Building Parks, Rec. 8 Comm. Svcs. Fire Department Fire Department Police Department Page 2 of 6 19D-11 Claim Number Claimant Injury Date Type Destroyed Date File Location Organization 98PBS0407 Mack, Margaret 11/08!1998 Medical 09/01/2008 Destroyed Planning & Building 00-1166 Macleod, Rob 09/21/1999 Indemnity 09/01/2008 Destroyed Parks, Rec. & Comm. Svcs. 96PDN0077 Maddox, Carmen 01/24!1996 Indemnity 09/01/2008 Destroyed Police Department 01-1451 Magee, Albert 06/27/2000 Medical 09/01/2008 Destroyed Fire Department 80002114 Pierce, Dennis 08/08/1980 Medical 09/01/2008 Destroyed Police Department 80002263 Pierce, Dennis 02!19/1981 Indemnity 09/01!2008 Destroyed Police Department 96PDS0041 Pierson, Patrick 02!14/1996 Indemnity 09/01/2008 Destroyed Police Department 00-1110 Pizano, Rosa 0 7131 /1 99 9 Medical 09/01!2008 Destroyed Parks, Rec. & Comm. Svcs. 99WOM0046 Placinta, Paul 0210 3/1 99 9 Medical 09/01/2008 Destroyed Public Works 00-1141 Placinta, Paul 0 9101 /1 9 9 9 Medical 09/01/2008 Destroyed Public Works 01-1477 Placinta, Paul 07!2512000 Medical 09/01/2008 Destroyed Public Works 88001620 Queller, Phillip 02!2911988 Medical 09/01/2008 Destroyed Police Department 99PDS0136 Queller, Phillip 04/26/1999 Indemnity 09/01/2008 Destroyed Police Department 99-1028 Queller, Phillip 0 5/3 011 999 Medical 09!01/2008 Destroyed Police Department 00-1284 Queller, Phillip 01/25/2000 Medical 09!01/2008 Destroyed Police Department 98FDS0062 Quick, Richard 02/21/1998 Medical 09/01/2008 Destroyed Fire Department 00-1112 Quijas, Johnny 08/01/1999 Medical 09/01/2008 Destroyed Police Department 99PDN0117 Quintero, Raul 04/05/1999 Medical 09/01/2008 Destroyed Police Department 98MED0240 Rindge, Thomas 0 612 8/1 9 9 8 Medical 09/01/2008 Destroyed Fire Department 99PDN0006 Rinker, Sondra 05!01/1998 Indemnity 09/01/2008 Destroyed Police Department 00-1108 Riquier, Ed 07!30/1999 Indemnity 09/01/2008 Destroyed Finance & Mgmt Svcs 01-1550 Riquier, Edgar 09!2112000 Medical 09/01/2008 Destroyed Finance & Mgmt Svcs 99-1002 Risley, Sarah 05/11!1999 Medical 09/01/2008 Destroyed Parks, Rec. 8 Comm. Svcs. 01-1493 Risley, Sarah 08/08/2000 Medical 09/01/2008 Destroyed Parks, Rec. & Comm. Svcs. 00-1421 Rivas, Eric 06/11!2000 Medical 09/01!2008 Destroyed Police Department 97FDS0231 Rivas, Thomas 0712 0/1 9 9 7 Indemnity 09/01!2008 Destroyed Fire Department 98PDS0151 Rivera, Javier 05!06/1998 Medical 09/01/2008 Destroyed Police Department 82000775 Roady, Ellen 08/11/1982 Indemnity 09/01/2008 Destroyed Public Works 00-1393 Robertson, James 05/10/2000 Medical 09/01/2008 Destroyed Fire Department 00-1070 Robertson, Larry 06/29/1999 Medical 09/01!2008 Destroyed Parks, Rec. & Comm. Svcs. 00-1115 Robertson, Larry 08/05/1999 Medical 09/01/2008 Destroyed Parks, Rec. & Comm. Svcs. 00-1319 Robertson, Larry 02/29/2000 Indemnity 09/01/2008 Destroyed Parks, Rec. & Comm. Svcs. 00-1394 Robertson, Larry 05!1112000 Indemnity 09/01/2008 Destroyed Parks, Rec. & Comm. Svcs. Run Date: 08!07/2008 17:19:03 Run By: FROMERO City of Santa Ana -Confidential Page 3 of 6 19D-12 Claim Number Claimant Injury Date Type Destroyed Date File Location Organization 00-1404 Rodarte, Gerardo 05!22/2000 Medical 09/01/2008 Destroyed Police Department 00-1271 Rodgers, Terrance 12/09/1998 Medical 09/01!2008 Destroyed Police Department 00-1399 Rodriguez, Enrique 05!1812000 Medical 09!01/2008 Destroyed Police Department 98PDS0286 Ruiz, Kevin 08/10!1998 Medical 09/01/2008 Destroyed Police Department 98PDS0320 Ruiz, Kevin 09/10!1998 Indemnity 09/01/2008 Destroyed Police Department 00-1420 Ruiz, Kevin 06/10/2000 Medical 09/01/2008 Destroyed Police Department 99-1046 Ruiz, Ramona 06/04/1999 Indemnity 09/01/2008 Destroyed Police Department 97PDN0289 Rupert, Connie 05/01/1997 Indemnity 09!01/2008 Destroyed Police Department 00-1148 Rupert, Connie 06/1 611 9 9 9 Indemnity 09!01/2008 Destroyed Police Department 93PDS0291 Saale, Charles 09/16!1993 Medical 09/01!2008 Destroyed Police Department 98PDS0123 Saale, Charles 04/08/1998 Medical 09/01/2008 Destroyed Police Department 98PDS0351 Saale, Charles 10/01/1998 Medical 09/01/2008 Destroyed Police Department 99PDS0084 Saale, Charles 03/04/1999 Medical 09/01/2008 Destroyed Police Department 00-1140 Saenz, Sixto 09!02/1999 Medical 09101!2008 Destroyed Public Works 98PWM0430 Salazar, Arthur 1 2/1 511 9 98 Medical 09/01/2008 Destroyed Public Works 00-1278 Salazar, Arthur 01/20/2000 Indemnity 09!01/2008 Destroyed Public Works 97FDS0416 Salazar, Gilbert 12/31!1997 Indemnity 09/01/2008 Destroyed Fire Department 00-1078 Salazar, Gilbert 07/08!1999 Indemnity 09/01/2008 Destroyed Fire Department 92PDS0445 Salceda, David 12/01/1992 Indemnity 09/01/2008 Destroyed Police Department 00-1243 Salerno, Anthony 12/02/1999 Medical 09/01/2008 Destroyed Fire Department 95FDS0115 Salmin, Louise 03!28/1995 Medical 09/01/2008 Destroyed Fire Department 98PDS0360 Samora, Julian 10/16/1998 Medical 09/01/2008 Destroyed Police Department 01-1640 Samora, Julian 12/14!2000 Indemnity 09!01/2008 Destroyed Police Department 01-1520 Sampson, Charlotte 09/01!2000 Indemnity 09/01/2008 Destroyed Police Department 98PDS0111 Sanchez, Alex 04/01/1998 Medical 09/01/2008 Destroyed Police Department 98PDN0112 Sanchez, Gabriel 04!03/1998 Medical 09/01/2008 Destroyed Police Department 98PDS0165 Sanchez, Manuel 05/17/1998 Medical 09!01/2008 Destroyed Police Department 90140341 Sandlin, William 08/29!1990 Indemnity 09/01/2008 Destroyed Fire Department 91140354 Sandlin, William 10/18/1991 Medical 09!0112008 Destroyed Fire Department 94FDS0004 Sandlin, William 01/06/1994 Indemnity 09/01/2008 Destroyed Fire Department 94FDS0175 Sandlin, William 05!27/1994 Indemnity 09/01!2008 Destroyed Fire Department 98PAR0377 Sandoval, Silviano 06/01/1998 Indemnity 09/01/2008 Destroyed Parks, Rec. & Comm. Svcs. 00-1419 Sandoval-Reese, Norma 06/08/2000 Medical 09/01/2008 Destroyed Library Department Run Date: 08/07/2008 17:19:04 Run By: FROMERO City of Santa Ana -Confidential Page 4 of 6 19D-13 Claim Number Claimant Injury Date Type Destroyed Date File Location Organization 98PDN0020 Santa ana, William 01/22!1998 Medical 09/01/2008 Destroyed Police Department 97RPT0363 Santamaria, Claudia 10/28!1997 Indemnity 09!0112008 Destroyed Parks, Rec. & Comm. Svcs. 00-1283 Santana, Maria 01121!2000 Medical 09/01!2008 Destroyed Police Department 98PDS0047 Sarabia, Melecio 02/13!1998 Medical 09/01/2008 Destroyed Police Department 01-1548 Sarabia, Pablo 09/18/2000 Indemnity 09/01/2008 Destroyed Police Department 00-1175 Sarabia, Pablo 09/24/1999 Indemnity 09/01/2008 Destroyed Police Department 99-1017 Sargeant, Cathy 05/22/1999 Medical 09/01!2008 Destroyed Police Department 98PAR0040 Sarinana, Arthur 02!09/1998 Medical 09/01!2008 Destroyed Parks, Rec. & Comm. Svcs. 99PAR0096 Sarmiento, Miguel 03/15/1999 Indemnity 09101!2008 Destroyed Parks, Rec. & Comm. Svcs. 98PDS0194 Sato, Randall 06!10/1998 Medical 09/01/2008 Destroyed Police Department 98PER0383 Savedra, Nancy 1 013 0/1 9 9 8 Medical 09/01/2008 Destroyed Personnel 00-1338 Scanlon, Michael 0 3/1 9120 00 Medical 09/01/2008 Destroyed Fire Department 99PBS0085 Schiebe, George 03!04/1999 Indemnity 09/01!2008 Destroyed Planning & Building 00-1330 Schiebe, George 03/17/2000 Medical 09/01/2008 Destroyed Planning & Building 01-1457 Scott, James 07114!2000 Medical 09/01/2008 Destroyed Public Works 98FDS0339 Scotti, Joseph 10/08/1998 Indemnity 09!01/2008 Destroyed Fire Department 04-2986 Scotti, Joseph 10!08/1998 Indemnity 09/01/2008 Destroyed Fire Department 98MED0065 Sedivec, Jeffrey 02/27!1998 Indemnity 09/01!2008 Destroyed Fire Department 98MED0231 Sedivec, Jeffrey 03/13/1998 Indemnity 09/01!2008 Destroyed Fire Department 98PDS0064 Seleno, George 02/24/1998 Medical 09/01!2008 Destroyed Police Department 00-1351 Seleno, George 03/15/2000 Medical 09/01/2008 Destroyed Police Department 97PWA0403 Sepulveda, Marylou 12/19/1997 Indemnity 09/01/2008 Destroyed Public Works 98PDS0393 Serafin, Thomas 11/05/1998 Medical 09/01/2008 Destroyed Police Department 95PDS0288 Serrano, Steven 0 810 711 99 5 Medical 09!01/2008 Destroyed Police Department 98PDS0222 Serrano, Steven 06/22/1998 Indemnity 09/01/2008 Destroyed Police Department 93MED0295 Sever, Gail 09/24!1993 Medical 09/01/2008 Destroyed Fire Department 98PBS0415 Shapiro, Harvey 1 2104/1 9 98 Medical 09!0112008 Destroyed Planning & Building 90140317 Shearing, Wallace 08/07/1990 Future Medical 09/01!2008 Destroyed Police Department 92PDS0232 Shearing, Wallace 11!19/1991 Future Medical 09!01!2008 Destroyed Police Department 94PDS0296 Shearing, Wallace 09!14/1994 Future Medical 09/01/2008 Destroyed Police Department 98PDS0380 Shearing, Wallace 10/29!1998 Indemnity 09!01/2008 Destroyed Police Department 01-1782 Shearing, Wallace 0411 5/2 00 1 Indemnity 09/01/2008 Destroyed Police Department 98PDS0081 Sheldon, Brian 03/09/1998 Medical 09/01/2008 Destroyed Police Department Run Date: 08/07!2008 17:19:04 Run By: FROMERO City of Santa Ana -Confidential Page 5 of 6 19D-14 Claim Number 94PDS0139 98BLD0255 92FDS0392 96FDS0220 96FDS0303 98FDS0375 99FDS0149 94PDS0445 00-1185 00-1406 95LIB0123 00-1080 00-1374 00-1249 98FDA0252 80000821 98CDA0048 Claimant Shirey, Martha Shuck, Larry Sierra, John Sierra, John Sierra, John Sierra, John Sierra, John Silverthorne, Robert Simmons, John Simmons, John Taylor, Irma Teran, Gracie Thomas, Jack Thyr, Robert Torres, James Traficanto, Cynthia Turley, Doris Injury Date 05101!1994 07/21 /1998 11 /01 /1992 06/01 /1996 1 012 9/1 9 9 6 10/19/1998 04/26/1999 1 2/0811 9 94 09!2111999 05!10/2000 03/20/1995 07/15/1999 04!20!2000 12/13!1999 07115!1998 06101 /1977 02!02/1998 File 179 Indemnity Medical Indemnity Indemnity Indemnity Indemnity Indemnity Indemnity Indemnity Indemnity Indemnity Indemnity Medical Indemnity Indemnity Indemnity Medical Destroyed Date File Location 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01 /2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09!01/2008 Destroyed 09/01/2008 Destroyed 09/01/2008 Destroyed 09!01/2008 Destroyed 09/01/2008 Destroyed 09/01!2008 Destroyed 09/01!2008 Destroyed 09/01 /2008 Destroyed 09/01/2008 Destroyed Organization Police Department Finance & Mgmt Svcs Fire Department Fire Department Fire Department Fire Department Fire Department Police Department Fire Department Fire Department Library Department Police Department Planning & Building Finance & Mgmt Svcs Fire Department Public Works Community Development Run Date: 08/07/2008 17:19:04 Run By: FROMERO City of Santa Ana -Confidential Page 6 of 6 19D-15 19D-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the California Office of Traffic Safety, DUI Enforcement and Awareness Program (OTS). 2. Approve an appropriation adjustment accepting the California Office of Traffic Safety, DUI Enforcement and Awareness Program Grant funds in the amount of $216,583.00 into revenue account (no. 165-347-6141) and appropriate same into the California Office of Traffic Safety, DUI Enforcement and Awareness Program expenditure accounts (no. 165-01-5361). DISCUSSION The Santa Ana Police Department has been awarded a $216,583.00 grant from the State of California, Office of Traffic Safety (OTS) under the Traffic Safety, DUI Enforcement and Awareness Program. This grant funding will allow the Police Department to fund programs on an overtime basis which will reduce the number of persons killed and injured in alcohol involved crashes. The funded strategies include DUI/Driver's License checkpoints and DUI saturation patrols. This program will also develop a "Hot Sheet" program and conduct "Stakeout" operations for officers to concentrate on repeat DUI offenders on probation who have had their license suspended or revoked. Court "sting" operations will focus on DUI offenders with suspended or revoked driver licenses who get behind the wheel after leaving court. Through warrant service details, the Police Department will target repeat DUI violators who failed to appear in court or violate probation. These strategies are also designed to earn media attention, resulting in an overall enhanced deterrent effect. 20A-1 Office of Traffic Safety Grant August 18, 2008 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will enhance the OTS, DUI Enforcement and Awareness Program revenue account (no. 165-347-6141) by $216,583.00 and increase the same into the OTS, DUI Enforcement and Awareness Program expenditure account (no. 165-01-5361). APPROVED AS TO FUNDS AND ACCOUNTS: V~-~ Paul M. Walters Chief of Police Police Department -- ""_-~ ~LL'~LL~K h~~a~ ~ - Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 20A-2 Lss01/06/05 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY Iss072208 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Police Department has been selected to receive a grant from the California Office of Traffic Safety, DUI Enforcement and Awareness Program, in the amount of $216,583.00. B. Grant funding will allow the Police Department to fund programs to reduce the number of alcohol involved crashes, including conducting DUI/Driver's License checkpoints and Dui saturation patrols, and concentrating on repeat DUI offenders on probation who continue to drive after having their license suspended or revoked. Section 2. The City Council authorizes the City Manager and the Chief of Police, or their designee(s), to execute a grant award agreement with the California Office of Traffic Safety in the amount of $216,583.00. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor 20A-3 Lss01 /06!05 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 20A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008. TITLE: APPROPRIATION ADJUSTMENT RECOGNIZING CRIMINAL ACTIVITY REVENUE FUNDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an Appropriation Adjustment recognizing $1,788,395 in Criminal Activity Revenue Funds (account 026-01-various) and appropriate same into the Criminal Activity Expenditure Accounts (26-various-various). DISCUSSION The Police Department participates in Equitable Sharing Programs (asset forfeiture) through various Federal, State and local agencies. Each agency requires segregation of funds for auditing purposes. The City has set these segregated funds in Fund 26, Criminal Activities, in which there are five separate activities (26-340, 26-342, 26-343, 26-344, and 26-345). Federal guidelines for forfeitures forbid a local agency to appropriate anticipated funds. This requires the Police Department to recognize and appropriate revenues received during a fiscal year, independently of the annual budget process. FISCAL IMPACT Approval of the appropriation adjustment will increase revenues in the Criminal Activities Revenue Accounts (26-01-various) and Criminal Expenditure Accounts (26-various-various) by $1,788,395. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department 1~Francisco Gutierrez /~ `D Executive Director Finance & Mgmt. Services Agency 20B-1 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING COUNTY OF ORANGE, FAMILIES AND COMMUNITIES TOGETHER FUNDS FOR THE CORBIN FAMILY RESOURCE CENTER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $35,248 in the County of Orange, Families and Communities Together program revenue account (no. 169-01-5361-900) and appropriating same to the Families and Communities Together program expenditure account (no. 169-274-various). DISCUSSION The Families and Communities Together (FaCT) Program, which operates out of the Corbin Family Resource Center, provides services promoting safe and stable families to at-risk-youth and families with children ages birth through 18 years. The FaCT Program is funded by the Children's Bureau of Southern California, a non-profit organization. The County of Orange, designated as the lead agency to administer the program, has been allocated a total of $374,426 for FY 2008-09 to fund the Corbin Family Resource Center. As a partner agency, the Parks, Recreation and Community Services Agency will receive $35,248 of the total amount allocated to provide information and referral services for the community and clients attending programs at Corbin. Other partner agencies include Olive Crest Treatment Centers and Human Options. FISCAL IMPACT The appropriation adjustment will enhance the County of Orange, Families and Communities Together program revenue account (no. 169-01-5361-900) and Families and Communities Together program expenditure account (no. 169-274-various) by $35,248. APPROVED AS TO FUNDS AND ACCOUNTS: • ~ _ ~ "~ u Gerar o Mouet rancisco Gutierrez /`'r Executive Director Executive Director Parks, Recreation and Com. Svcs.2 0 C ~nance & Management Services Agency 20C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: CONTRACT AWARD FOR THE CONCORD STREET BLOCK WALL AT CAMBRIDGE RESERVOIR (PROJECT NO. 08-3212) ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO CITY ~~, 'RECOMMENDED ACTION APPROVED FILE NUMBER 1. Award a contract to C & B Concrete Contractors, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $52,922 for construction of the Concord Street Block Wall at Cambridge Reservoir. 2. Approve a Funding Analysis with a total estimated construction cost of $68,700. DISCUSSION The empty lot at the end of Concord Street is to be used in the future to expand the Cambridge Reservoir site (Exhibit 1). Prior to the reservoir expansion, the lot will be used by the City to store plants and trees. This project provides for construction of a block wall and gate which will secure the lot and prevent vandalism. The Notice Inviting Bids was advertised on June 16 and 18, 2008, and bids were opened on July 10, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 5 Contractors requesting bidding documents: 17 Bids received: 8 Bids received from Santa Ana Contractors: 0 NAME OF BIDDER 1. C & B Concrete Contractors 2. Excavating Engineers, Inc. 3. Granstrom Masonry, Inc. CLERK OF COUNCIL USE ONLY: CITY Redlands Bonsall Torrance BID AMOUNT $52, 922 $55,000 $58,500 23A-1 Concord Street Block Wall at Cambridge Reservoir August 18, 2008 Page 2 4. L. Johnson Construction, Inc. Gardena $72,715 5. Newtech Engineering & Construction Glendale $73,000 6. Pacific Masonry, Inc. Granada Hills $81,000 7. Yakar Glendora $92,800 8. Garcia Juarez Construction, Inc. Brea $160,000 A total of eight bids were received and all were responsive. The lowest bid was submitted by C & B Concrete Contractors, for $52,922, which is below the Engineer's estimate of $65,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER No. 2008-130 has been filed. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $68,700 for the project (Exhibit 2). Funds are available in the Water Utility Capital Projects fund (account no. 66-579-6635). James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: D ~~ ,~ Francisco Gutierrez ~'~ EExecutive Director Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\08-3212 2008-08-18 35 WD 23A-2 VICINITY MAP EXHIBIT 1 JG p't~oly F~ City Council Title CONCORD STREET RETAINING WALL ~, Agenda Date (PROJECT 08-3212) ( i ' ~, 1 ~~~ AUGUST 18, 2008 ---_ _ __ \ nn w n FUNDING ANALYSIS PROJECT 08-3212 CONCORD STREET BLOCK WALL AT CAMBRIDGE RESERVOIR Construction Contract $52,922 Contract Administration $1,486 Inspection and Testing $5,000 Survey Staking $4,000 Contingencies $5,292 TOTAL ESTIMATED CONSTRUCTION COSTS 568,700 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: CONTRACT AWARD FOR CENTRAL CITY NEIGHBORHOOD WATER MAIN REPLACEMENT (PROJECT NO. 08- 3209) Gz MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to J. A. Salazar Construction and Supply Corporation, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $796,630 for construction of the Central City Neighborhood Water Main Replacement. 2. Approve a Funding Analysis with a total estimated construction cost of $1,006,300. DISCUSSION This project provides for the replacement of deteriorated and undersized water mains in the Central City Neighborhood (Exhibit 1). The improvements include installation of new water mains, fire hydrants, main gate valves, and water services. Once completed, breaks and leaks of older and deteriorated water mains will be eliminated, and water service capacity and fire protection will be enhanced. The Notice Inviting Bids was advertised on June 18, and 20, 2008, and bids were opened on July 10, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 8 Contractors requesting bidding documents: 35 Bids received: 20 Bids received from Santa Ana Contractors: 1 23B-1 Central City Neighborhood Water Main Replacement August 18, 2008 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. J. A. Salazar Construction & Supply Corporation 2. BRH-Garver West, Inc. 3. John T. Malloy, Inc. 4. GCI Construction, Inc. 5. J. De Sigio Construction, Inc. 6. Leatherwood Construction 7. Garcia Juarez Construction, Inc. 8. Steve Bubalo Construction 9. Southern California Pipeline 10. Ken Thompson, Inc. 11. West Valley Constr. Co., Inc. 12. VCI Telcom, Inc. DBA VCI Constr. 13. Suller Miller Contracting Co. 14. Gentry Brothers, Inc. 15. MNR Construction, Inc. 16. Miramontes Construction Co., Inc. 17. BNB Engineering, Inc. 18. Majich Brothers, Inc. 19. Contracting Engineers, Inc. 20. Savala Construction, Inc. La Habra Heights $ 796,630.00 San Diego Los Angeles Costa Mesa Arcadia Fountain Valley Brea Monrovia Tustin Corona San Jose Upland Anaheim Irwindale San Dimas City of Industry Santa Ana Newport Beach Newport Beach Irvine $ 913,300.00 $ 930,560.00 $ 986,280.00 $ 996,270.00 $ 998,100.00 $1,021,620.00 $1,048,170.00 $1,050,930.00 $1,057,760.00 $1,108,080.00 $1,114,904.00 $1,122,520.00 $1,146,900.00 $1,183,300.00 $1,204,880.00 $1,228,060.00 $1,299,450.00 $1,393,505.00 $1,402,891.70 A total of twenty bids were received and all were responsive. The lowest bid was submitted by J. A. Salazar Construction & Supply Corporation, for $796,630, which is below the Engineer's estimate of $1,114,550. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption, ER #2008-94 has been filed. 23B-2 Central City Neighborhood Water Main Replacement August 18, 2008 Page 3 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $1,006,300 for the project (Exhibit 2) Funds are available in the Water Utility Capital Projects fund (account No. 66-579-6635). APPROVED AS TO FUNDS AND ACCOUNTS: J . ~ - ,~,`' -. James G. Ross Francisco Gutierrez Executive Director "" Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\08-18-08 CentralCity OB-3209 ET.doc 35WD 23B-3 VICINfTY MAP EXHIBIT 1 6,570 L.F. OF 8" P.V.C. SANTA ANA ~oJGP,T~O/y F/R~a 1 h I City Council Title: CENTRAL CITY P V V A Agenda Date ~NATER MAIN IMPROVEMENTS ~ (PROJECT 08-3209) ; ' 1 ~~ ,~5 ~~. AUGUST 18, 2008 ~ ~ FUNDING ANALYSIS PROJECT 08-3209 CENTRAL CITY NEIGHBORHOOD WATER MAIN REPLACEMENT Construction Contract $796,630 Contract Administration $40,507 Inspection and Testing $54,500 Survey Staking $35,000 Contingencies 79,663 TOTAL ESTIMATED CONSTRUCTION COSTS $1,006,300 Exhibit 2 23B-5 23B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: CONTRACT CHANGE ORDER NO. 1; CIVIC CENTER PEDESTRIAN BRIDGES RENOVATION (PROJECT NOS. 06-9092 AND 08-9098) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO ! CITY MANAGER RECOMMENDED ACTION FILE NUMBER Approve Change Order No. 1 for Civic Center Pedestrian Bridges Renovation for an estimated cost of $79,928. DISCUSSION Change Order Number: 1 Project Description: Civic Center Pedestrian Bridges Renovation Contractor: Sol Construction, Inc. 1600 Chicago Avenue Riverside, California 92507 Original Contract Cost: $236,690 Amount of this Change Order: Previously approved Change Order: Total Change Orders: $79,928 33.85 -0- 0~ $79, 928 33 .8$ 23C-1 Change Order No. 1 Project Nos. 06-9092 AND 08-9098 August 18, 2008 Page 2 a. The handrails and guardrails at the Plaza of the Flags and the Plaza of the Fountains have been vandalized over the years. The original contract did not include replacement of guardrails and handrails because the funding was not available at the time of award. The funds are now available and staff recommends replacing the handrails and guardrails. The contractor will replace approximately 530 linear feet of handrail and guardrail at an agreed unit price of $139 per linear foot. The contractor will be paid according to the actual quantities of work. ESTIMATED COST = $73,670 b. The damaged access ramp at the northwest corner of the Plaza of the Flags was not included in the contract, but needs to be repaired. The work includes demolition, footing strengthening, concrete replacement and joint caulking. at the lump sum price. AGREED PRICE _ $6,258 FISCAL IMPACT The cost for the change order is estimated at $79,928. Funds are available in the Civic Center Maintenance/Capital Projects Fund (account no. 74-243-6631). APPROVED AS TO FUNDS AND ACCOUNTS: '-'-~ .~ ~~2'Z ~_~- ~~Z1~iul'ic~.l~.o~-~--~ James G Ross ~~ Francisco Gutierrez ~° Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency Gera do Mouet Exec tive Director Park Recreation & Community Services Agency K:\Construction\RFCA-draft\06-9092 2008-08-18 COl.doc 23C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 18, 2008 TITLE: CONTRACT AWARD FOR KIWANIS BASKETBALL COURT AT CARL THORNTON PARK (PROJECT NO. 08-6027-C) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO ~- FILE NUMBER I CITY MANAGER ',LADED ACTION 1. Award a contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $104,679 for construction of the Kiwanis Basketball Court at Carl Thornton Park. 2. Approve a Funding Analysis with a total estimated construction cost of $146,500. DISCUSSION This project is a continuation of the construction of the Kiwanis Barrier-Free Playground at Carl Thornton Park (Exhibit 1). The project provides for construction of a basketball court and installation of a park monument sign. The Notice Inviting Bids was advertised on June 20 and 23, 2008, and bids were opened on July 9, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 22 Contractors requesting bidding documents: 5 Bids received: 2 Bids received from Santa Ana Contractors: 1 NAME OF BIDDER CITY BID AMOUNT Santa Ana $104,679 Glendora $112,611 1. Hardy & Harper, Inc. 2. Yakar 23D-1 Kiwanis Basketball Court At Carl Thornton Park August 18, 2008 Page 2 A total of two bids were received and both were responsive. The lowest bid was submitted by Hardy & Harper, Inc. for $104,679, which is below the Engineer's estimate of $120,000. ENVIRONMENTAL IMPACT Environmental Review No. 2008-123 has been completed and the Categorical Exemption will be filed upon award of contract Pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $146,500 for the project (Exhibit 2). Funds are available in the Recreation Special Fees and Donations account (account no. 22-231-6631) and the Prop. 12 Roberti Z'Berg-Harris Grant fund (account no. 161-270- 6631) . APPROVED AS TO FUNDS AND ACCOUNTS: a~ ~ ~ ~(O/lit~~~~7 James G. oss F ncisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency Gerardo Mouet Executive Director Parks & Recreation Services K:\Construction\RFCA-draft\08-6027.doc 50 WD 23D-2 ,~ ~~ ~. MCFADDEN IM'ERAAEDIATE KIWANI3 BARR~i FREE PLA/YGROUND J LOCA CARL Th10RNTON PARK I, s n EXHIBIT 1 UI ~~I~ ~- ~i ~~t ~~ \C SANTA area TITLE: rW'1 CITY COUNCIL CONTRACT AWARD FOR AGENDA DATE: KIWANIS BASKETBALL COURT AUGUST 18.2008 AT CARL THORNTON PARK Pue~IC roalc5 1GENCY (PROJECT NO. 08-6027-C1 23D-3 FUNDING ANALYSIS PROJECT NO. 08-6027-C KIWANIS BASKETBALL COURT AT CARL THORNTON PARK Construction Contract $104,679 Contract Administration $3,651 Inspection and Testing $8,000 Survey Staking $4,000 Contingencies $26,170 TOTAL ESTIMATED CONSTRUCTION COSTS $146,500 Exhibit 2 23D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: CONTRACT AWARD FOR MAIN LIBRARY - TEEN CENTER BASEMENT RENOVATION (PROJECT NO. 07-2400) ~w ' ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Big West Construction, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $140,000 for the Teen Center Basement Renovation in Santa Ana Main Library. 2. Approve a Funding Analysis with a total estimated construction cost of $189,000. DISCUSSION To promote the library as an afternoon destination for teenagers, library staff has identified the basement of the Main Library as a location for a new Teen Center (Exhibit 1). The basement is currently occupied by staff, book storage and a small public area for accessing periodicals and computers. This project will modify the existing basement to include a new teen center. Once completed, the renovations will add a new themed public space and study room while continuing to accommodate staff and public access to periodicals and computers. The Notice Inviting Bids was advertised on June 27 and 30, 2008, and bids were opened on July 22, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 4 Contractors requesting bidding documents: 11 Bids received: 5 Bids received from Santa Ana Contractors: 0 23E-1 Main Library - Teen Center Basement Renovation August 18, 2008 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Big West Construction Irvine $140,000 2. Harry H. John Construction, Inc. Paramount $147,000 3. Unique Performance Construction, Inc. Costa Mesa $174,500 4. Kerry Contractors, Inc. Huntington Beach $178,499 5. Chi Construction Anaheim $227,450 A total of five bids were received and all were responsive. The lowest bid was submitted by Big West Construction for $140,000, which is above the Engineer's estimate of $138,000. gNVIRONMENTAL IMPACT An Environmental Impact Review No. 2008-131 has been completed and a Categorical Exemption will be filed for the project pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $189,000 for the project (Exhibit 2). Funds are available in the Public Library Grant Fund (account no. 152-222-6621). APPROVED AS TO FUNDS AND ACCOUNTS: °~ Gj G~~~'G~ James G. oss ~,,~~ Francisco Gutierrez Executive Director p -Executive Director Public Works Agency Finance and Mgmt. Services Agency Rob Richard Library Director K:\Construction\RFCA-draft\08-18-08 Main Library et.doc35 WD 23E-2 FUNDING ANALYSIS PROJECT NO. 07-2400 MAIN LIBRARY - TEEN CENTER BASEMENT RENOVATION Construction Contract $140,000 Contract Administration $8,200 Inspection and Testing $12,800 Contingencies $28,000 TOTAL ESTIMATED CONSTRUCTION COSTS $189,000 Exhibit 2 23E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: AGREEMENT AMENDMENT WITH WILLDAN CORPORATION FOR PLAN CHECK SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to an agreement with Willdan Corporation, subject to non-substantive changes approved by the City Manager and City Attorney for plan check services in an amount not to exceed $130,000. DISCUSSION In November 2007, City Council authorized an agreement for plan check services with Willdan Corporation in an amount not to exceed $55,000. The purpose of this agreement was to provide a part-time contract plan check engineer devoted to the public counter. Over the past two years, the City has made substantial improvements in the plan check process, including better service at the counter, where plans for smaller projects are often checked while the customer waits. The proposed amendment to this agreement would ensure the City maintains this improved level of service. Willdan Corporation is a private consulting firm that provides contract services exclusively to public agencies. This is the fifth year the City has contracted with Willdan Corporation. The firm was selected after circulation of a Request for Proposals and review of proposals from eight firms. All funds under the existing contrac weeks. This recommended action would Willdan Corporation for a part-time pl at a rate of $75 per hour using f allocated for this purpose. Over Corporation has been able to mee will be expended within a few continue the contract services of ~n checker on an "as needed" basis Inds in the current year budget the past five years, Willdan the City's requirements for professional staffing in a timely manner. 25A-1 Agreement Amendment with Willdan Corporation August 18, 2008 Page 2 FISCAL IMPACT Funds in the amount of $75,000 are available in the Planning and Building Agency's account for other contractual services (account no. 11-508-6291). APPROVAL AS TO FUNDS AND ACCOUNTS: Jay Trevino 7 F'rancisco Gutierrez Executive Director ~``~xecutive Director Planning and Building Agency Finance & Management Services Agenc~~~ SB:rb sb\RFCA'S\OB-09\Willdan Plan Check Aug OB 25A-2 FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on August 4, 2008, by and between WILLDAN CORPORATION, a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Consultant Agreement A-2007-237, dated November 5, 2007 (hereinafter "said Agreement") by which Consultant has provided Building Department Counter Technician services, including plan check services. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement for an additional one-year period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: I. Section 2.a., COMPENSATION, shall be amended to increase the hourly rate from $70.00 to $75.00 and increase total compensation by $75,000.00. Said section shall be deleted in its entirety and replaced with the following; "a. City agrees to pay, and Consultant agrees to accept as total payment for its services an hourly fee of $75.00. Total compensation to be provided pursuant to this Agreement shall not exceed $130,000.00 during the term of said Agreement." 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney WILLDAN CORPORATION (NAME) (Title) 25A-3 2 5A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: CONTRACT AWARD WITH ENVIRONMENTAL, INC. HISTORIC RESOURCES SERVICES CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended SAPPHOS ^ As Amended TO PERFORM ^ Ordinance on 15S Reading CONSULTING ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~- / _ --. CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Sapphos Environmental, Inc. in the amount of $50,000, subject to non-substantive changes approved by the City Manager and City Attorney to assist with historic resources consulting services. DISCUSSION As a Certified Local Government with the State Office of Historic Preservation, the City has agreed to participate with the ongoing survey and documentation of historic resources throughout the city. Further, the Historic Resources Commission has identified as one of its objectives the need to continue documenting and maintaining records for properties eligible for listing on the Santa Ana Register of Historical Properties. The City has been working with Sapphos Environmental, Inc. since January 2006 to comprehensively research and document historic structures. An agreement with Sapphos Environmental, Inc. is recommended due to the firm's unique experience regarding Santa Ana's historic resources, and its excellent track record of historic resource consulting. Tasks included in the scope of work include conducting windshield surveys, preparation of historic resource templates to document individual resources, performing field survey and research, and attending meetings of the Historic Resources Commission and other staff meetings as required. The recommended contract amount would be for an amount not to exceed $50,000. 25B-1 Contract Award for Historic Resources Consulting Services August 18, 2008 Page 2 FISCAL IMPACT Funding for this project is available in the Community Development Block Grant (CDBG) fund (account no. 135-149-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~. - C~ ~- Ja M Trevino ~/Francisco Gutierrez Exe utive Director I/__ Executive Director ~~ Planning & Building Agency Finance & Management Services Agency Cynt is J. Nelson Deputy City Manager for Development Services Community Development Agency HS:rb Hs:\historic info\Sapphos contract\2008 Sapphos contract.cc 25B-2 CONSULTANT AGREEMENT INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS THIS AGREEMENT, made and entered into this 18~' day of August, 2008 by and between Sapphos Environmental Inc., a California corporation, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing historic resources consulting services. B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"); and C. Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Reg's. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES At the request of the Executive Director of the Community Development Agency and Planning and Building Agency, Consultant shall provide assistance on all aspects addressed in the Scope of Work attached hereto and incorporated herein as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Fifty Thousand Dollars ($50,000.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not 25B-3 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 9, below. The term of this Agreement may be extended upon a writing executed by the Deputy City Manager for Development Services, the Executive Director of Planning and Building, and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the 25B-4 performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 25B-5 7. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Consultant is a party or by which it is bound. B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy proceeding. C. No Pending Legal Proceedings/Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant's performance under this Agreement. Consultant further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Consultant is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Consultant's operations hereunder. F. Audit Report Requirements. Consultant agrees that if Consultant receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, Consultant shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. H. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 25B-6 I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of an audit in conformity with the CDBG Reg's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not make the above-referenced documents available within the city of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered hereunder. K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. Consultant shall sign a certification to that effect in a form as set forth in Exhibit C attached hereto and by this reference incorporated herein. Consultant shall submit said signed certification to City prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of City to pay any sums to Consultant under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from aCity-assisted activity of 25B-7 Consultant, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of City, or of any designated public agencies, or the Consultant. M. Drug Free Workplace. Consultant certifies that it has established the following drug-free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Consultant will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. N. Nondiscrimination. Consultant agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25B-8 O. Conflict of Interest. Consultant agrees that no officer, employee, agent or assignee of City who was involved in the sale of said property, either directly or indirectly, shall serve as an officer of Consultant. Further, any conflict or potential conflict of interest of any officer of Consultant shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition Of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 8. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments 25B-9 made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. VENUE/JURISDICTION This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 11. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6549 Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) Ross Annex 25B-10 and, Santa Ana, California 92702-1988 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. BOX 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Sapphos Environmental, Inc. Attn: Marie Campbell 430 N. Halstead Street Pasadena, CA 91107 13. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 9 25B-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY City Clerk APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager SAPPHOS ENVIRONMENTAL, INC. By: MARIE CAMPBELL President Tax ID# 10 25B-12 EXHIBIT A SCOPE OF SERVICES Sapphos Environmental, Inc. understands that the City of Santa Ana (City) requires the services of an environmental consulting firm to provide historic resources consulting services in support of the Comprehensive Citywide Historic Survey, City of Santa Ana, California (project). The Citywide Historic Survey is being conducted by the City to identify properties eligible for inclusion in the Santa Ana Register of Historical Properties (Register); to nominate those properties that best preserve and present the history of each of the identified neighborhoods in the City, according to the criteria established in Chapter 30 of the Santa Ana Municipal Code; to research the history of each of the City's neighborhoods; and to categorize each nominated property as "Landmark," "Key," or "Contributive," according to the definitions in Chapter 30. Sapphos Environmental, Inc. further understands that the scope of work for the fiscal year 2008/2009 is part of the continuing effort to reach the goal of completing the comprehensive, citywide historic survey in four years. Sapphos Environmental, Inc. also understands that the scope of work will be performed in support of objectives set by the City Historic Resources Commission (HRC) and also may involve on-call consultations regarding miscellaneous historic resources issues in the City. SCOPE OF WORK TASK 1.2 CATEGORIZATIONS Several assumptions were taken into consideration in the scoping of Task 1.2: • The City will identify potential nominees to the Register and provide a monthly list of properties to Sapphos Environmental, Inc. • City will be responsible for ownership, assessor's parcel numbers, U.S. Geological Survey quadrangle information, and sketch maps required on the California Department of Parks and Recreation (DPR) forms. • The City will provide building permit cards and photographs. • The City will continue to provide copies of relevant documentation. • Up to thirty-two (32) templates will be prepared; should additional work efforts be requested by the City of Santa Ana, the total number of templates would decrease accordingly. TASK 1.2.1 Templates Sapphos Environmental, Inc. shall prepare Register templates (i.e., the Executive Summary and the State of California Primary Record and Building, Structure, and Object Record) for properties identified by the City of Santa Ana as eligible for the Register, primarily in the Key and Landmark categories, and for self-nominated properties. The maximum number of templates completed on a monthly basis will vary but generally will not exceed five. It is estimated that each property will require five to seven hours to complete the template, including development of a neighborhood history, and the subtasks listed below. Sapphos Environmental, Inc. will provide weekly a-mails to the City regarding the status of ongoing work efforts, as well as a monthly status report with the invoice, which will summarize completed and anticipated work efforts, issues encountered, and recommendations for resolution of issues. 11 25B-13 TASK 1.2.1 a Research and Draft Templates Work Efforts Sapphos Environmental, Inc. will conduct site inspections to confirm eligibility of nominees, as well as neighborhood and site-specific research using one or more of the following sources: existing documentation such as survey forms, National Register of Historic Places forms, and tour brochures; building permits; the Orange County Archives, Santa Ana History Room, or other library collections; and the Internet. It is estimated that each property will require approximately one to three hours to research (including contextual, neighborhood research}. Sapphos Environmental, Inc. shall prepare a draft template for each property placed on the HRC agenda for Register consideration and categorization and will submit the draft templates to the City for review and comment. Work Products • Thirty-three (33) weekly a-mail updates • Eleven (11) monthly status reports and invoices • Up to thirty-two (32) draft templates TASK 1.2.1 b Final Templates Work Efforts Sapphos Environmental, Inc. will perform additional research and field investigations as required to respond to comments on the draft templates by the City or the Template Review Committee (Committee). It is expected that the additional research and field investigations will require approximately one-half hour per property. The draft templates will be revised to incorporate City and Committee comments and new information. Approximately one hour has been allocated to prepare final templates for each property. Work Products • Up to thirty-two (32) final templates TASK 2.2 MEETINGS Work Efforts Upon request by the City, Sapphos Environmental, Inc.'s cultural resources manager, project manager, or staff architectural historian shall attend the monthly HRC meeting. For budgeting purposes, an average of five hours per meeting has been assumed, with one Sapphos Environmental, Inc. staff member in attendance at one (1) meeting. If additional meeting attendance is requested by the City, the available budget for Task 1 or 3 may be correspondingly reduced. 12 25B-14 TASK 3.2 OTHER SERVICES Work Efforts At the City's request, Sapphos Environmental, Inc. may undertake additional tasks, including, but not limited to, assisting the City with reconnaissance-level surveys and historic assessments, preparing a brief historic context statement for Santa Ana's post-World War II residential development, providing additional documentation for the City to submit to the California Office of Historic Preservation, additional site inspections, and assisting the City with application of the Secretary of the Interior's Standards. Sapphos Environmental, Inc. shall notify the City when and if this budget is depleted or if any tasks would require budget augmentation. ESTIMATED COST This cost estimate has been prepared based on the following assumptions: • The City of Santa Ana (City) will identify potential nominees to the Register and provide a list of properties found preliminarily eligible. • Templates and weekly status updates will be transmitted electronically. • The City will be responsible for ownership, assessor's parcel numbers, U.S. Geological Survey quadrangle information, and sketch maps required on the California Department of Parks and Recreation forms. • The City will provide building permit cards and photographs of Register nominees. • The City will continue to provide copies of relevant documentation. • Up to thirty-two (32) templates will be prepared; should additional work efforts be requested by the City of Santa Ana, the total number of templates would decrease accordingly. • Sapphos Environmental, Inc. will attend one (1) HRC meeting; Sapphos Environmental, Inc. staff will be available to attend additional meetings as requested by the City; funds from Tasks 1 or 3 may be transferred and correspondingly reduced to fund this additional meeting attendance. Not-to-exceed fees are as follows: TASK 1.2 CATEGORIZATIONS $36,000.00 TASK 2.2 MEETINGS $1,000.00 TASK 3.2 OTHER SERVICES $11,350.00 SUBTOTAL LABOR $48,350.00 SUBTOTAL DIRECT COST $1,650.00 TOTAL ESTIMATED COST: $50,000.00 Billings will be submitted monthly for the services completed during each month. Payment terms are net 30 days. Invoices not paid within the agreed payment schedule are subject to a monthly interest charge as indicated in the Standard Schedule of Fees. The Client agrees to pay reasonable costs and fees in the event legal proceedings are required to collect past-due accounts. The terms of this proposal shall remain valid for 60 days. l3 25B-15 2006 STANDARD SCHEDULE OF FEES 14 25B-16 SCHEDULE Milestone Authorization to Proceed TASK 1.2 CATEGORIZATIONS Memorandum for the Record identifying potential Register properties and transmitting photographs Templates for October HRC agenda Templates for November HRC agenda Templates for December HRC agenda Templates for January HRC agenda Templates for February HRC agenda Templates for March HRC agenda Templates for April HRC agenda Templates for May HRC agenda Templates for June HRC agenda Templates for July HRC agenda Templates for August HRC agenda Thirty-three (33) weekly status reports Eleven (11) monthly status reports/invoices TASK 2.2 MEETINGS HRC meeting (1 total) TASK 3.2 OTHER SERVICES On-call services is Date August 1, 2008 One week following windshield surveys August 18, 2008 September 22, 2008 October 20, 2008 November 17, 2008 December 15, 2008 January 19, 2009 February 16, 2009 March 16, 2009 April 20, 2009 May 18, 2009 June 15, 2009 August 11, 2008 -June 29, 2009 August 4, 2008 September 2, 2008 October 2, 2008 November 4, 2008 December 2, 2008 January 5, 2009 February 3, 2009 March 3, 2009 April 2, 2009 May 4, 2009 June 2, 2009 To be determined As requested 25B-17 25B-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: AMENDMENT TO AGREEMENT WITH DELL/ASAP SOFTWARE FOR ANTI-VIRUS SOFTWARE z~L ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMl3ER Approve and authorize the City Manager and Clerk of the Council to execute the attached amendment to agreement with Dell/ASAP Software for additional anti-virus software in the amount of $31,000 for a total contract amount of $101,000 and extend the term of the agreement for two additional years, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On July 19, 2004, the City Council granted approval for the City to execute an agreement with Dell/ASAP Software for anti-virus software from Trend Micro. This agreement was based on a competitive bidding process conducted by the County of San Joaquin. The City has been using this anti-virus software to protect computers used in all City Departments. That agreement is expiring. The City would like to amend the agreement with ASAP Software to continue to receive Trend Micro's anti-virus product license as well as technical support and services. The operations of all City Agencies and Departments benefit from the protection provided by the Trend Micro products against the destructive affects of computer viruses. In addition, the 24x7 service will help ensure extended support for these Trend Micro products is available to the many City service providers that operate around the clock (e.g. SAPD, SAFD, the Water Division, the Traffic Division, etc.) or operate extended hours (e.g. the Library, Building Inspectors, etc.) Anti-virus protection will be enabled for 2,000 City computers and 35 additional special stand- alone City computers. The Information Services Division recommends that the current agreement with Dell/ASAP Software be extended and funding added to provide this vital computer security for the City's computer environment. 25C-1 Amendment to Agreement with Dell/ASAP Software for Anti-Virus Software August 18, 2008 Page 2 FISCAL IMPACT Funds are available in the Technology Plan (account 109-700-6291). APPROVED AS TO FUNDS AND ACCOUNTS: i _ ~ ~~ Francisco Gutierrez Executive Director Finance & Management Services Agency 25C-2 T SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on August 7, 2008, by and between ASAP Software ("Vendor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement A-2004-141, dated July 19, 2004, (hereinafter "said Agreement") by which Vendor has provided computer anti-virus software and services. B. Pursuant to the First Amendment to Agreement, Vendor also provides "Priority Advantage 24 x 7" support. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement for an additional two-year period and increase compensation to pay for the services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: Section 1, Terms and Conditions, shall be amended to extend the term of said Agreement for an additional two years, through August 31, 2010. During said extended term Vendor shall continue to provide anti-virus software and services from Trend Micro, Inc. as set forth in said Agreement and First Amendment. 2. Section 3, Compensation, shall be amended to increase compensation by $31,000.00, to pay for anti-virus software and support during the extended term. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. // // // // // 25C-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: La a heedy Assistant City Attor -- DAVID N. REAM City Manager ASAP SOFTWARE (NAME) (Title) 25C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE SECOND AMENDMENT TO AGREEMENT WITH PACIFIC COAST CABLING ~ /~~f CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute the attached Second Amendment to Agreement with Pacific Coast Cabling Inc., for cabling services and related equipment for a one-year period in an amount not to exceed $150,000 per year. DISCUSSION In support of City operations, voice and data communications are provided to all City service sites. This requires an extensive cabling infrastructure. Cabling services are needed to support changes, additions and moves at and between the City sites. This cabling work ensures that all City offices and work locations remain connected and benefit from new information technology as it becomes available. The City employs outside vendors to perform needed cabling services. The City has standardized its cabling infrastructure with Avaya Systimax cabling. This was selected for its durability and flexibility. When installed by a certified cabling vendor, the product has a 20-year warranty. Use of this reliable product has resulted in very low cable maintenance costs for the City. The cabling vendor/s who provides such services to the City of Santa Ana must meet strict manufacturer certifications. In September of 2004, the City Council approved a three-year agreement with PACIFIC COAST CABLING, with provision for two, one-year renewals, to provide cabling services and related equipment. This will be the second and final amendment to the agreement. 25D-1 Amendment To Agreement with Pacific Coast Cabling August 18, 2008 Page 2 FISCAL IMPACT Funds are budgeted and are available in the FY 08-09 Communication Services account for contractual services (account no. 102-171-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25D-2 c~o~ SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on August 7, 2008, by and between Pacific Coast Cabling, a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement A-2004-189, dated September 20, 2004, (hereina$er "said Agreement") by which Contractor has provided cabling installation services on an as-needed basis for Information Technology services in the City of Santa Ana. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement for an additional one-year term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following: "City agrees to pay and Contractor agrees to accept as total payment for its services, the rates and charges set forth in Exhibit B-1, to the First Amendment to Agreement. THERE IS NO GUARANTEE AS TO THE NUMBER OF TIMES THE CONTRACTOR WILL BE USED NOR AS TO THE DOLLAR AMOUNT SPENT ON SAID AGREEMENT. In no event will the total amount expended pursuant to said Agreement exceed $150,000, annually, during the term of said Agreement." 2. Section 3, TERM, shall be extended for an additional one-year term, through September 31, 2009. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // // 25D-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lau a Sheedy Assistant City Atto DAVID N. REAM City Manager PACIFIC COAST CABLING (NAME) (Title) 25D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: AGREEMENTS FOR WATER AND SEWER EMERGENCIES '.~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s2 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreements with three contractors, Doty Bros. Construction Company, Paulus Engineering, Inc. and Ken Thompson, Inc., for on-call services for water and sewer emergencies, in an amount not to exceed $130,000 each. DISCUSSION The City has a need to occasionally require the services of independent contractors to assist in the emergency repair of sewer and water lines. These services may include supplementing City personnel, materials and equipment required to take immediate action necessary to prevent a system outage, restore services to normal operating conditions and to maintain services during such an emergency. The three recommended contractors have been providing emergency services to Santa Ana since 2003 and have a history of providing these services to other agencies. Each contractor has the manpower, equipment and experience required to assist with emergency pipeline repair work. The rates listed for each contractor continue to be competitive. Staff recommends securing the services of these three contractors to assist the City during emergencies on an as-needed basis. The agreements will be in effect for a three-year period and may be extended for a period of two years. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25E-1 Agreements for Water and Sewer Emergencies August 18, 2008 Page 2 FISCAL IMPACT Funds are available in the Water Resources and Sanitary Sewer Service Funds (account no. 64-575-6291 and 56-575-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~ v V s G. Ross l~Francisco Gutierrez cutive Director r Executive Director lic Works Agency Finance & Management Services Agency 25E-2 ON-CALL AGREEMENT THIS AGREEMENT made and entered into this day of August 2008 by and between DOTY BROS. CONSTRUCTION CO., a California corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City of Santa Ana's Public Works Agency Water Resources (City), provides water and sewer services to persons and property located both within and beyond the boundaries of City. B. From time to time City requires the services of independent contractors to assist City in natural or manmade emergency situations when City has an insufficient number of personnel and/or insufficient materials and/or equipment required to take action necessary on an expedited basis to prevent a system outage, to expeditiously restore service to normal operating conditions and/or to maintain service during such emergencies. C. City desires to expedite securing services of contractors to provide personnel, materials, tools, and/or equipment to assist City during such emergencies (collectively, Services). D. Contractor represents that Contractor is able and willing to provide such services to the City. E. City and Contractor previously entered into similar agreement for on-call emergency services on August 20, 2003 and wish to renew that relationship as indicated herein. F. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. G. The public interest, welfare and economy will be served by this Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1 25E-3 1. REQUEST FOR WORK Upon notice from the Executive Director of Public Works or his designee that an emergency exists and upon being requested to provide Services under this Agreement, Contractor shall promptly determine, in his sole discretion, and promptly notify City whether Contractor is willing and able to provide the Services requested by City. If the Contractor is able and willing to provide the Services, Contractor shall so notify City and shall immediately commence performance of the Services and diligently perform such utility repair work as the Executive Director or his designee directs. Contractor shall continue to furnish all tools, equipment, apparatus, facilities, labor, services and transportation necessary to complete the Services. 2. SERVICES TO BE PROVIDED BY CONTRACTOR a. Contractor shall provide Services to assist City in natural or manmade emergency situations when City has an insufficient number of personnel and/or insufficient materials and/or equipment required to take action necessary on an expedited basis to prevent a system outage, to expeditiously restore service to normal operating conditions and/or to maintain service during such emergencies. Contractor shall provide personnel, materials, tools, and/or equipment to assist City during such emergencies. b. Contractor shall, within ten (10) days of execution of Agreement, designate an Authorized Representative and one alternate who shall have authority to act on behalf of Contractor. Contractor shall, within ten (10) days of execution of this Agreement, provide City with the information required on Exhibit A (Contact List). 3. CESSATION OF WORK City may, at any time, declare that there is no further need for Contractor's services in connection with a particular emergency, in which event Contractor shall cease work promptly upon notification to do so, but in no event later than twenty four (24) hours after notification. Contractor shall take any actions to secure the work prior to terminating the work. Any cessation of work ordered by City shall not terminate this Agreement, as City may require Contractor's further assistance in other emergencies. 4. NON EXCLUSIVE AGREEMENT Contractor acknowledges that City may enter into agreements similar to this Agreement with other contractors. City does not promise or guarantee that Contractor's services will be called upon at any time or at all. 5. RESPONSIBILITES OF CITY a. Documents. City will, upon request, provide Contractor with copies of existing drawings, maps, and other existing information relevant to the Services to be performed as may be readily available to City. 2 25E-4 b. Authorized Representative. The Executive Director or his designee shall serve as City Authorized Representative to coordinate, oversee and approve the Services provided by the Contractor. The Executive Director or his designee is authorized to give and receive any notices required herein and to terminate this Agreement as provided herein. c. Research of City Records. City will assist Contractor in researching the Department's record data pertaining to City facilities. d. Review of Contractor's Work Product. City will review the Services provided by Contractor and comment as appropriate. 6. COMPENSATION AND PAYMENT a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $130,000.00 during the term of this Agreement. b. At any time, Contractor may propose changes to the rates and charges in Exhibit B by giving City forty five (45) days prior written notice of the proposed rates. The existing rates and charges shall remain effective for any work requested by City prior to City receipt of notice of the proposed rates. No increase in rates and charges shall be effective until and unless made in writing executed by the Executive Director of the Public Works Agency and the City Attorney. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. d. Contractor shall submit to City on a monthly basis an accurate accounting of the Services performed by Contractor and a progress report showing the status of completion of the work and related expenditures. e. Contractor agrees to submit to City on a monthly basis a listing of the actual expenses incurred in each item of work. Said submittal will also include the forecasted cost for each item for the upcoming month. 7. FISCAL RECORDS AND AUDIT Contractor shall use recognized accounting methods in preparing such invoices and reports. City reserves the right to designate its own employee representative(s) or its contracted representatives with a certified public accounting firm who shall have the right to audit Contractor's accounting procedures and internal controls of Contractor's financial systems and to examine any cost, revenue, payment, claim, other records or 3 25E-5 supporting documentation resulting from any items set forth in this Agreement. If Contractor fails to provide supporting documentation for any costs charged City to City's satisfaction, then Contractor agrees to reimburse City for those costs. Any such audit(s) shall be undertaken by City or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. Contractor agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under this Agreement. Contractor agrees to retain all necessary records/documentation for the entire length of this audit period. Contractor will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of Contractor's invoices and/or records shall be made within thirty (30) days from presentation of City's findings to Contractor. If Contractor fails to make such payment, Contractor agrees to pay interest, accruing monthly, at a rate often percent (10%) per annum unless another section. of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date Contractor reimburses City for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by Contractor to City in excess of one percent (1%) of the value of that portion of the contract that was audited, the actual cost of City's audit shall be reimbursed to City by Contractor. Contractor reserves the right to contest any exception. 8. PROFESSIONAL PRACTICES All services to be provided pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional contractors in similar circumstances in accordance with sound professional practices. Contractor's engineering services will be furnished in accordance with generally accepted professional engineering practice and principles and under the supervision of professional engineers licensed in the State of California Contractor assumes responsibility for any and all negligence, errors or omissions that Contractor commits and any and all such negligence, errors or omissions committed by a subcontractor of Contractor in performance of this Agreement. All equipment and/or materials supplied pursuant to this Agreement shall be merchantable and fit for the intended purpose and shall be free from defects in design, workmanship, and/or materials. Contractor shall provide clear title to all materials supplied hereunder free and clear of all encumbrances. 9. BREACH OF AGREEMENT Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of Agreement by Contractor, and City may withhold any payment to Contractor for the purpose of set-off until such time as the exact amount of damages due City from Contractor is determined. In addition, City may pursue all remedies 4 25E-6 available for breach of this Agreement. The waiver by either party of any breach to this Agreement shall not constitute a waiver as to any succeeding breach. 10. COMPLIANCE WITH LAWS In the performance of this Agreement, Contractor shall abide by and conform to (and shall ensure that Contractor's subcontractors, if any, shall abide by and conform to) any and all applicable laws, statutes, safety rules, and practices of the United States, the State of California, the Charter and Ordinances of the City of Santa Ana, and any other local laws (Laws and Practices). Further, Contractor warrants that all work done under this Agreement shall be in strict compliance with such Laws and Practices, including, but not limited to, Cal/OSHA regulations. City or it Authorized Representative reserves the right to enter the work site to make reasonable inspections, to monitor compliance with such Laws and Practices, and with the terms of this Agreement. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by City, its engineer or representatives, to all parts of the work and associated jobs. Where the specifications require work to be specially tested or approved, it shall not be tested without timely notice to City of its readiness for inspection and without approval thereof, or consent thereto by the City. City also reserves the following rights under this Agreement: a. If City Authorized Representative identifies a noncompliance situation, the Authorized Representative may inform Contractor of same and require that the situation be promptly rectified to the satisfaction of City's Authorized Representative. b. If City Authorized Representative identifies a Noncompliance situation, which in the opinion of the Authorized Representative, constitutes an immediate potential for bodily harm, danger of serious bodily harm or death, or significant property damage, the Authorized Representative may contact Contractor's Authorized Representative and recommend that work be stopped until the situation is rectified to the satisfaction of City's Authorized Representative. The election of City not to exercise its rights under sub-paragraphs a through b above shall impose no liability on City, nor shall it relieve Contractor of any of its duties or obligations under the terms of this Agreement. Additionally, the election of City to exercise its rights under subparagraph a through b above shall impose no liability on City, nor shall it relieve Contractor of any of its duties or obligations under the terms of this Agreement, provided that City acted in good faith in the exercise of such rights. The Contractor shall dispose of all materials used in conjunction with the performance of this Agreement in strict compliance with all local, state and federal environmental and/or waste management rules, regulations, laws, statutes and practices. 5 25E-7 11. NO THIRD PARTY RIGHTS The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions. 12. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 13. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of 1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than 1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 6 25E-8 Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than 1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than 1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City f If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 14. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim for personal injury, damages, just compensation, restitution, judicial or equitable relief due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 25~-9 15. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 16. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 17. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M 30) P.O. Box 1988 Santa Ana, CA 92702 1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M21) 8 25E-10 P.O. Box 1988 Santa Ana, CA 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M 29) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647-6515 To Contractor: Doty Bros Construction Company 11232 E. Firestone Blvd Norwalk, CA 90650 Telefacsimile (562) 864-6566 Attn: Mr. Dan Squiers A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed, as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 18. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein 9 25E-11 19. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 20. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of Termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement 21. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 22. JURISDICTION VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 10 25E-12 23. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. MISCELLANEOUS PROMS l ONS a. Each undersigned represents and warrants by its signature herein below that they have the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANT ANA PATRICIA E. HEALY Clerk of Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Jose Sandoval Assistant City Attorney David N. Ream City Manager 11 25E-13 APPROVED AS TO CONTENT: JAMES G. ROSS Executive Director, Public Works Agency CONTRACTOR Doty Bros. Equipment Co. Daniel C. Squiers, Vice President 95-2371782 Employer ID# or Individual SS# 12 25E-14 DOTS BROS. Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2008 TO DECEMBER 31, 2006 ~F3~~11~1T ~~ - ADDITIONAL (1)TOROUE MEAD FOR HYDRAULIC TORQUE WRENCH AIR HOSE 314"X50' AIR SAW AIR TAMPER ASPHALT SPREADER BAR BARRICADES BEVELNG BAND 14'-20' BEVELING BAND 24`-42" BEVELING BAND 4"-12' BEVELING MACHINE 14'-20' BEVELING MACHINE 24"-42' BEVELING MACHINE 4"-12" BORING MACHWE -CASE HYDRA BORE MOTOR BORING MACHINE 1-112' 8 13/4" (Attu-punch) BORING MACHNE 4" - 8" (Aaxi-punch) BORING MACHINE 3-i/2' (,4ccu-punch) BUFFER 8 GRINDER BUILDER LEVEL -AC-2X NIKON CEMENT MOfER CHAIN LINK FENCE PANELS CHAIN SAW 18' (INCLUDES BLADES} CHIPPING GUN {Plus Steel) CLAY SPADE (Plus Steel) CLEANING BALL CON-ALONG /CHAIN CONCRETE FINSHER CONCRETE VIBRATOR CONSTRUCTION SIGNS CROSSING PLATES CUT OFF J CHOP SAW (INCLUDES BLADES) DEAD WEIGHT TESTER DELINEATORS DRILL MOTOR 112' DRILL MOTOR 3J4' DRY ROD OVEN -PORTABLE DUCT ROD EMULSION POT SPRAYER FLOODLIGHT TRAALER (MERCURY VAPOR LIGHTS) FLOW LINER FUSION MACHINE 4-12" Macelroy GENERATOR (3.5 - 5 KW) HEAT TRACER HEATER HOLIDAY DETECTOR HYDRAULIC STAR CUTTER IMPACT GUN 1" IMPACT GUM 112' IMPACT GUN 314" IMPACT WRENCH 1" LADDER LASER LEVEL LEAF BLOWER LIGHT STAND MANHOLE BLOWER PAVEMENT BREAKER /JACKHAMMER PIPE BENDER 5' GREENLEE PIPE BENDER MACHINE 6-20" (Plus shoes/freighl per day) PIPE BENDER SHOES ! 1082 BENDER PIPE CUTTER - RIDGID SOIL PIPE CUTTER LINEUP CLAMP 16'6' PIPE CUTTER LINEUP CLAMP 8"-14' #3091 #870 #857 #859 #1193 #880 #833 #834 #832 #830 #831 #829 #1092 #854 #1178 #1520 #1177 #836 #845 #846 #850 #868 #866 #690 #886 #1823 #891 #882 #878 #810 #879 #811 #812 #813 #855 #841 #3095 #1807 #814 #815 #838 #889 #819 #821 #822 #864 #875 #824 #849 #840 #867 #1885 #1082 #1190 #885 #839 #851 DaLY Rats S sD.oo S 8.00 S 50.00 $ 35.00 $ 125.00 S 2.50 S 75.D0 S 100.00 S 50.00 S 75.00 S 100.00 S 42.50 S 160.00 S 10.00 S 15.00 S 25.00 S 20.00 S 25.00 S 25.00 S 43.00 S 3.00 S 50.00 S 35.00 S 35.00 S 10.00 S 15.00 S 125.00 S 40.00 S 4.00 S 6.25 S 53A0 S 60.00 $ 2.50 $ 20.00 S 25.00 S 25.00 S 30.00 S 60.00 $ 125.00 S 25.00 5200.00 S 53.OD S 25.00 S 25.00 S 25.00 S 100.00 S 25.D0 S 15.00 s 20.00 5 35.00 s 10.00 S 75.00 S 25.00 S 15.00 S 43.00 S 35.00 S 100.00 S 400.00 51165.00 WEEKLY S 15.00 S 50.00 S 25.00 MISCELLANEOUS ~ ~~ PIPE LOCATOR #843 $ ~.60 PIPE LOCATOR-METROTECH #1935 S 40.00 PIPE PUSHER / GRUNDORAM - HERCULE #1939 $ 800.00 PLYWOOD 113 REPLACEMENT COST #897 $ 3.00 PNEUMATIC/HYDRAU TORQUE WRENCH #3090 S 150.00 PORTABLE BAND SAW A'860 S 35.00 POWER THREADER #853 S 85.00 PRESSURE WASHER TRAILER MOUNT. #6941 $ 180.00 PUMP -SKID MOUNT BENTONITE #1166 S 107.00 PUMP -SUBMERSIBLE #881 S 27.00 RIGID ROLL GROOVER (#873 8418561 S 30.00 RIVET BUSTER! RIPPING GUN #869 S 50.6D ROCK DRILL {Plus Steel) #865 S 35.Op ROCK SEPARATOR -GRIZZLY #1811 S 85.00 ROTARY HAMMER {Plus Steel) #852 $ 50.00 SANDBLASTER -UNIT (with accessories) #1175 $ 125.06 SAWZALL #874 S 15.00 SHORING LUMBER 3" X 12' X 14' t1/3 REPLACEAENT cosh #895 S 3.00 SHORING LUMBER 8" X 8' X 8' nr~ REPtwceMENrcosn #896 S 3.00 SKILL SAW (INCLUDES BLADES) #835 S 20.00 TAP MACHINE - T.D. WILLIAMSON (UP TO 3"} #627 S 100.00 TAR POT #862 S 50.00 TEST PLUG #892 S 10.00 TEST PUMP 200 LB.-400 LB. SPRAGUE #1815 S 125.00 TEST PUMP 5,000 L8. TRAILER MOUNTED #6818 S 187.00 TEST PUMP High Pressure #1940 $ 125.00 TEST PUMP Portabb 2001b f;K816 ~ #81 TI S 80.00 TESTING TABLE #1834 5 60.00 TRAFFIC CONES #881 S 2.50 TRANSIT - THEOLITE #845C S 35.00 TRENCH BOX - 6' X 10' #1910 S 200.OD TRENCH BOX - 4' X 10' #1909 S 130.00 TRENCH JACK (5CREW} #877 y 4.00 TRENCH JACK (HYDRAULIC} #S76 S 20.00 TRENCHER #1166 S 125.00 TRI-VISE #884 S 25.00 VIBRATOR PLATE S 91.00 WALKiE TALKIES (SET OF 2) #893 S 25.00 WATER HOSE 1 1/2"X50' #871 S 6.OD WATER HOSE 2 if2' X 50' #872 S 7,50 WATER PUMP 2" Portable #1831 S 53.06 WATER PUMP 3' Portable #1832 S 80.00 WEEDEATER #116 S 50.06 WHALERS HYDRAULIC #1894 S 300.00 WINCH 1D TON (GRUNDO) #6042 S 300.00 AI Y IP NT 3+1~ EXPLOSIMETER #844 S 50.00 4 WAY GAS MONITOR #921 S 100.00 MULTI-GAS DETECTOR / PID #914 S 100.00 AIR SUPPLY UNff IM922 S 50 00 ESCAPE AIR PACK #918 S 25.00 H2S MONITOR #920 S 15.00 HAZMAT SUIT - TYVEK #912 S 8.00 HAZMAT TRAILER #6646 S 20.00 RESPERATOR - HALFIFULL MASK #911 g 5.00 SCBA -self canlained #918 S 40.00 SCBA cylinder -extra #917 $ 25.00 TRIPOD WITH WINCH #913 $ 100.00 Psg2d2 11232 E. Firestone Bivd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 25E-15 DOTY BROS. Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CAUFORNW COST PLUS RATES EFFECTIVE JULY !, 2008 TO DECEMBER 31, 2008 BACK HQES ~ Hourly ~ AUGER #1189 S 2 00 Accessory -COMPACTION WHEEL EXECAVATOR #1181 $ 40.00 Accessory - COMPACT W HEEL FlCASE~)D #1179 S 20.00 Accessory -HYDRAULIC BREAKER / CASE d JD #1183 S 50.00 Accessory -VIBRATORY PLATE #1535 i 40.D0 POWER BROOM -TRACTOR MOUNTED #1085 S 20.00 CC-135A ROCK WHEEL #1313 S 75.00 CASE 580/JD 310 $ 41.75 CASE 590 $ 43 75 CAT 300 -TRACK MOUNTED #4055 $ 117.50 CAT 345 -TRACK MOUNTED #4072 S 147.50 CAT 418 #4147 $ 39.75 JD 710 $ 47.75 COMPACTION EQUIPMENT ARROW fHYDROHAMMER)/STOMPER S 46,00 SHEEPSFOOT-Tow Behind(vbratlnq} #1169 $ 16.00 WACKER TAMPER #1860 S 23.50 COMPREQSORS W190 LB BREs!(ER CI 6Y SPAOE ~ T L COMPRESSOR 125 - 185 CFM P,ER $ 21.50 COMPRESSOR -AIR. PORTABLE fPER DAY RATEI #1808 $ 107.00 ~BA~1E$ BOOM TRUCK - 8 TON #3647 S 37.50 BOOM TRUCK - 10 - 11 TON $ 52.50 BOOM TRUCK - 14 TON $ r~.r~ BOOM TRUCK 23 - 25 TON #3308 $ 61.50 CRANE - RT / 15-1 B TON {or equivalent) S 63.50 DOZERSISIDEBOOMS DOZER JD 450 #5078 $ 46.25 SIDEBOOM CAT D~fi $ 60.25 SIDEBOOM CAT D-T #5063 $ 89.25 SIDEBOOM CAT 561 #:1045 $ 66.25 SIDEBOOM CAT 572 #506T S 81.25 SIDEBOOM JD 450 $ 44.25 FORKLIFTS FORKLIFT - HYSTER 20,000 LB #1203 $ 36.75 FORKLIFT -LION 6,000 L8 #120d $ 24.75 L_Q~S LOADER -BOBCAT W/BUCKET #1 t8M S 28.75 LOADER -BOBCAT W/SWEEPER #1184: S 38.75 LOADER- BOBCAT W/GRINDER #1184r E 58.75 RUBBER TIRE LOADER - 544 JD #5086 S 49.50 RUBBER TIRE LOADER - 930 CAT #5089 S 51.50 RUBBER TIRE LOADER - 950 CAT #5087 $ 62.50 RUBBER TIRE LOADER - 950E(F CAT #5099 $ 73.50 RUBBER TIRE LOADER -966 CAT 185070 $ 68.50 SKIPLOADER -CASE 580 ! MF 4DE / F 445 $ 33.75 ROAD EfiUIPMENT ~ - ~4L)L CABLE DOLLY- ONE REEL fTraikx Mounted} $ ~00 CABLE DOLLY -THREE REEL (TraBor Mounted) $ 25,00 FLASHING ARROWBOARD - (4 HR. MIN.) $ 17,0D GRADER -CAT 140 #87791 S 85.50 GRINDER! COLD PLANER (BRELLI) - (4 HR. MtN.) #1187 $ 235.00 ROLLER - (RIDE ON) $ 30.00 ROLLER (WALK BEHIND) - 1 TON VIBRATOR $ 24.00 ROLLER TRAILER $ 12.00 TILT TRAEER #6366 $ 12.00 TRENCHER TRAILER #6481 S 12.00 UTILITY TRAILER #6452 5 12.00 21PPER PAVEMENT GRINDER fPER DAY RATEI #1800 S 375.00 ASPHALT PAVER -LEE BOY 1000D #1198 S 117.00 CEMENT SAW -WALK BEHIND #1938 S 34,00 IBUCICS 2-3 TON LUBE TRUCK #3450 $ 18.50 5 Yard {Flat bed or Bobtail} Dumb / 2-3 Ton LRiIRy Thick $ 26,00 BACK HOE MOVER TRUCK $ 28.50 CEMENT TRUCK w/ mixer and compressor #3338 $ 52.50 DUMP TRUCK 10 WHEELER S 31.50 EQUIPMENT TRAILER -20,000 LB $ 14.00 EQUIPMENT TRAILER -40,000 LB S 16.00 FLAT BED with LIFT #3693 $ 25.50 FLAT BED with M00=R !DUMP #3392 $ 52.50 LOWBED TRAILER w/ tractor 3 move permit fees ~S'3456 $ 48.50 LOWSIDE END DUMP TRAILER W/TRACTOR #3418 S 45.50 PICKUP TRUCKS -MISC. TOOLS NOT INCLUDED $ 1 T.50 PICK-UP -RENTAL NUMBER 87700 $ 17,50 SERVICE TRUCK -MISC TOOLS NOT INCLUDED $ 18.50 SERVICE VAN -MISC TOOLS NOT INCLUDED S 17.50 TEST PUMP TRUCK #3401 S 82.50 TEST TRAILER {Hyprostatic} (#6549 &6674) $ 32.00 UTILITY VEHICLE (NON-HWY) $ 24.50 WATER TRUCK - (1,500 - 2,000 GALS.) $ 32.50 WATERTRUCK - {3,500 GALS.) #3464 S 42.50 WINCH TRUCK #3395 S 32.50 MISCELLANEOUS BOARING MACHINE HYDRAULIC #1521 S 25.00 BORE MACHINE TRAILER #6447 S 10.00 TAP MACHINE f Water tines 3' to 12') (Par inch /per day) #828 S 30.00 TAP MACHINE (Water lines W to 2') (Per Inch /Per day) #82D $ 20.00 WELDERS 200 AMF -TRUCK MOUNTED $ 30,50 200 AMF, SKID MOUNTED or TRAILER $ 17.50 WELDER -RIG RENTAL NUMBER 87704 $ 30.50 FABRICATK>N SHOP & EQUIPMENT #10t $ 91.00 P.o. ~ a x 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 25E-16 DOTS BROS. Construction Company COST PLUS RATES 30UTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2008 TO JUNE 30, 2409 PAY STRAIGHT OVER DOUBLE PAY STRAIONT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMAIY/CLASS CODE TIME TIME TIME CARPENTERS OPERATfNO ENOl11tEERS General Foreman CGF 85.62 121.78 157.93 General Foreman, Appdx. A OGF 91.63 126.80 161.97 Operating Foreman COF 80.32 113.82 147.32 Foreman, Appdx. A OFM 88.29 121.79 155.29 Foreman CFM 80.62 114.27 147.92 Group 1, Appdx, A -Oiler OGi 80.13 109.56 138.98 Journeyman CJM 75.62 106.77 137.92 Group 2, Appdx. A -Oder OG2 81.44 111.57 141.58 Shinglar CSJ 75.83 107.09 138.35 Group 8, Appdx. A -Universal OG8 84.96 116.79 148.62 Apprentice -8th Period (9096} CA8 69.39 97.42 125.46 Group 10, Appdx. A -Mechanic OGA 65.16 117.09 149.02 Group 8. Appdx. B -Crane < 25 Tons OB8 85.44 117.51 149b9 MILLWRIGHTS Group 9. Appdx. B -Crane > 25 Tons 089 85.72 117.94 150.16 General Foreman CMG 86.46 123.03 159.60 Apprentlee, Grp 8, Appdx A -Step 6 (90%) OA6 78.59 107.24 135.89 Portman CMF 81.45 115.52 149.59 Journeyman CMJ 76.45 108.02 139.58 Apprentice - 8th Period (95%) CM8 66.98 93.81 120.64 U.A. PIPEFITTERS/WELDERS INDUSTRIAL General Foreman lGF 94.98 129.68 164.38 CEMENT MASONS Foreman IPM 89.09 121.02 152.94 Foreman MFM 75.86 102.13 128.41 Journeyman - WeldedFitter WM 80.26 108.01 135.78 Journeyman MJM 72.53 97.13 121.73 Apprerrtice -Fifth Year V15 67.68 92.67 117.65 F3T Machine Operator MTO 72.94 97.76 122.57 Apprentice - 8th 6 Mos. (9096) MAB 67,61 89.75 111.89 SHORTLINE (LOCAL 250) Foreman SFM 93.31 129.90 163.68 LABORERS Journeyman (Wakier/Fitler) SJM 90.31 125.40 157.75 Operator General Foreman LOG 88.76 123.93 159.10 Welder Helper SWH 50.30 68.50 85.85 Operator Foreman LOF 85.43 118.93 152.43 Pro-Helper SPH 29.98 41.02 52.08 General Foreman LGF 71.35 97.81 124.28 Foreman LFM 69.68 95.31 120.94 Group 1 -General LG1 62.34 84.30 106.26 Group 2 -Wrapper To 6" LG2 63.26 85.68 108.10 UTfLiTY Group 3 - PTO/Wrepper> 6" LG3 64.18 87.05 109.93 Foreman UFM 63.47 89.04 113.29 Group 4 -Pipe layer, CrI~S LG4 66.76 90.93 115.10 Welder UWD 61.21 82.85 104.48 Group 5 -Blaster LG5 67.35 91.81 116.27 JotxneymaNFuser UJM 52.57 70.31 68.04 Apprentice - 6th Period {85%) LAfi 61.63 72.42 93.22 Pipe Tradesman li UP2 40.22 51.89 63.57 TEAMSTERS ELECTRICIANS / JNSIDE WIREMEN Operator General Foreman TOG 93.86 129.03 164.20 (Babes subject to project lacatbn a MnPbyss bass location) Operator Foreman TOF 90.53 124.03 157.53 General Foreman EGF 97.65 136.91 176.17 General Foreman TGF 72.63 97.18 121.74 Foreman EFM 90.42 126.06 161.70 Foreman TFM 70.96 94.68 116.40 Journeyman EJM 83.18 115.20 147.22 Group 2 - 2 Axle TG2 67.88 90.05 112.23 Apprentice -10th Period {8596) EAO 72.07 99.29 126.51 Group 3 - 3 Axb TG3 68.09 90.38 112.66 Group 5 - Working Tnrclc privet TGS 68.46 90.93 113.40 PROJECT MANAGEMENT Group 6 - 4 or Mora Axle TG6 68.51 91.00 113.5p Project Manager MPM 106.33 145.45 187.85 Group 9 - Lo-Bed TG9 69.68 92.76 115.83 Superintendent MSP 95.40 130.02 167.93 Group 12 - WTD BoomTrk Cert TBT 71.73 96.83 119.94 Project Engineer MPE 74.04 108.37 142.70 Apprentice Rater. Apprentlce rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate torApprontice will lie based on actual classification. Subsistence: S85.OO/day TrevN Tlrns: Customer will be advised 'd trevel time Lt applicable Overtlms Rates: AN hours outside regularly constkuted shift shall txa time and one half. Sundays and holidays shag be paid at double time. For Operating Engineers -first four (4} boon outside regular shift, and first twelve (12) hours on Saturday is time and one haN; all add'Rionai hours at double lima except hoNdays which are at triple time. Emsrysncy'WI out work' -Four (4) hour minimum fa tabor and equipment. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), wr7l be billed cost plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern CalHomla Cost Plus Ratty: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kem and in addition: Richardson Rack, Santa Cruz Island, Arch Rode, San l~cholas Island. Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, inGudirg the Channel Islands Monument. Rate Scale does not indude San Diego Counly. NOTE: Wsgro scales are in accordance wttlt Assodatsd Gsrwral Contractors Mashr Labor Agreement, and are subject to thongs without notice. This rate sheet is not all Inelushrr addklonsl dassiflcatiom available if required. (v2.0) CA C.L. 273024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phoae: (56~ $¢~¢56~ Fes: (562) Sti4-6052 www.dotybros.com CA Lic. 273024 ON-CALL AGREEMENT THIS AGREEMENT made and entered into this day of August 2008 by and between PAULUS ENGINEERING, INC., a California corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City of Santa Ana's Public Works Agency Water Resources (City), provides water and sewer services to persons and property located both within and beyond the boundaries of City. B. From time to time City requires the services of independent contractors to assist City in natural or manmade emergency situations when City has an insufficient number of personnel and/or insufficient materials and/or equipment required to take action necessary on an expedited basis to prevent a system outage, to expeditiously restore service to normal operating conditions and/or to maintain service during such emergencies. C. City desires to expedite securing services of contractors to provide personnel, materials, tools, and/or equipment to assist City during such emergencies (collectively, Services). D. Contractor represents that Contractor is able and willing to provide such services to the City. E. City and Contractor previously entered into similar agreement for on-call emergency services on August 20, 2003 and wish to renew that relationship as indicated herein. F. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. G. The public interest, welfare and economy will be served by this Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1 25E-18 1. REQUEST FOR WORK Upon notice from the Executive Director of Public Works or his designee that an emergency exists and upon being requested to provide Services under this Agreement, Contractor shall promptly determine, in his sole discretion, and promptly notify City whether Contractor is willing and able to provide the Services requested by City. If the Contractor is able and willing to provide the Services, Contractor shall so notify City and shall immediately commence performance of the Services and diligently perform such utility repair work as the Executive Director or his designee directs. Contractor shall continue to furnish all tools, equipment, apparatus, facilities, labor, services and transportation necessary to complete the Services. 2. TERM OF AGREEMENT AND SERVICES TO BE PROVIDED BY CONTRACTOR a. The term of this Agreement shall begin upon execution of this Agreement and shall expire at the conclusion of three (3) years with an option to renew for another two (2) years exercisable by the City Manager. b. Contractor shall provide Services to assist City in natural or manmade emergency situations when City has an insufficient number of personnel and/or insufficient materials and/or equipment required to take action necessary on an expedited basis to prevent a system outage, to expeditiously restore service to normal operating conditions and/or to maintain service during such emergencies. Contractor shall provide personnel, materials, tools, and/or equipment to assist City during such emergencies. c. Contractor shall, within ten (10) days of execution of Agreement, designate an Authorized Representative and one alternate who shall have authority to act on behalf of Contractor. Contractor shall, within ten (10) days of execution of this Agreement, provide City with the information required on Exhibit A (Contact List). 3. CESSATION OF WORK City may, at any time, declare that there is no further need for Contractor's services in connection with a particular emergency, in which event Contractor shall cease work promptly upon notification to do so, but in no event later than twenty four (24) hours after notification. Contractor shall take any actions to secure the work prior to terminating the work. Any cessation of work ordered by City shall not terminate this Agreement, as City may require Contractor's further assistance in other emergencies. 4. NON EXCLUSIVE AGREEMENT Contractor acknowledges that City may enter into agreements similar to this Agreement with other contractors. City does not promise or guarantee that Contractor's services will be called upon at any time or at all. 2 25E-19 5. RESPONSIBILITES OF CITY a. Documents. City will, upon request, provide Contractor with copies of existing drawings, maps, and other existing information relevant to the Services to be performed as may be readily available to City. b. Authorized Representative. The Executive Director or his designee shall serve as City Authorized Representative to coordinate, oversee and approve the Services provided by the Contractor. The Executive Director or his designee is authorized to give and receive any notices required herein and to terminate this Agreement as provided herein. c. Research of City Records. City will assist Contractor in researching the Department's record data pertaining to City facilities. d. Review of Contractor's Work Product. City will review the Services provided by Contractor and comment as appropriate. 6. COMPENSATION AND PAYMENT a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $130,000.00 during the term of this Agreement. b. At any time, Contractor may propose changes to the rates and charges in Exhibit B by giving City forty five (45) days prior written notice of the proposed rates. The existing rates and charges shall remain effective for any work requested by City prior to City receipt of notice of the proposed rates. No increase in rates and charges shall be effective until and unless made in writing executed by the Executive Director of the Public Works Agency and the City Attorney. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. d. Contractor shall submit to City on a monthly basis an accurate accounting of the Services performed by Contractor and a progress report showing the status of completion of the work and related expenditures. e. Contractor agrees to submit to City on a monthly basis a listing of the actual expenses incurred in each item of work. Said submittal will also include the forecasted cost for each item for the upcoming month. 3 25E-20 7. FISCAL RECORDS AND AUDIT Contractor shall use recognized accounting methods in preparing such invoices and reports. City reserves the right to designate its own employee representative(s) or its contracted representatives with a certified public accounting firm who shall have the right to audit Contractor's accounting procedures and internal controls of Contractor's financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. If Contractor fails to provide supporting documentation for any costs charged City to City's satisfaction, then Contractor agrees to reimburse City for those costs. Any such audit(s) shall be undertaken by City or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. Contractor agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under this Agreement. Contractor agrees to retain all necessary records/documentation for the entire length of this audit period. Contractor will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of Contractor's invoices and/or records shall be made within thirty (30) days from presentation of City's findings to Contractor. If Contractor fails to make such payment, Contractor agrees to pay interest, accruing monthly, at a rate often percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date Contractor reimburses City for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by Contractor to City in excess of one percent (1%) of the value of that portion of the contract that was audited, the actual cost of City's audit shall be reimbursed to City by Contractor. Contractor reserves the right to contest any exception. 8. PROFESSIONAL PRACTICES All services to be provided pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional contractors in similar circumstances in accordance with sound professional practices. Contractor's engineering services will be furnished in accordance with generally accepted professional engineering practice and principles and under the supervision of professional engineers licensed in the State of California Contractor assumes responsibility for any and all negligence, errors or omissions that Contractor commits and any and all such negligence, errors or omissions committed by a subcontractor of Contractor in performance of this Agreement. All equipment and/or materials supplied pursuant to this Agreement shall be merchantable and fit for the intended purpose and shall be free from defects in design, workmanship, and/or materials. Contractor shall provide clear title to all materials supplied hereunder free and clear of all encumbrances. 4 25E-21 9. BREACH OF AGREEMENT Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of Agreement by Contractor, and City may withhold any payment to Contractor for the purpose of set-off until such time as the exact amount of damages due City from Contractor is determined. In addition, City may pursue all remedies available for breach of this Agreement. The waiver by either party of any breach to this Agreement shall not constitute a waiver as to any succeeding breach. 10. COMPLIANCE WITH LAWS In the performance of this Agreement, Contractor shall abide by and conform to (and shall ensure that Contractor's subcontractors, if any, shall abide by and conform to) any and all applicable laws, statutes, safety rules, and practices of the United States, the State of California, the Charter and Ordinances of the City of Santa Ana, and any other local laws (Laws and Practices). Further, Contractor warrants that all work done under this Agreement shall be in strict compliance with such Laws and Practices, including, but not limited to, Cal/OSHA regulations. City or it Authorized Representative reserves the right to enter the work site to make reasonable inspections, to monitor compliance with such Laws and Practices, and with the terms of this Agreement. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by City, its engineer or representatives, to all parts of the work and associated jobs. Where the specifications require work to be specially tested or approved, it shall not be tested without timely notice to City of its readiness for inspection and without approval thereof, or consent thereto by the City. City also reserves the following rights under this Agreement: a. If City Authorized Representative identifies a noncompliance situation, the Authorized Representative may inform Contractor of same and require that the situation be promptly rectified to the satisfaction of City's Authorized Representative. b. If City Authorized Representative identifies a Noncompliance situation, which in the opinion of the Authorized Representative, constitutes an immediate potential for bodily harm, danger of serious bodily harm or death, or significant property damage, the Authorized Representative may contact Contractor's Authorized Representative and recommend that work be stopped until the situation is rectified to the satisfaction of City's Authorized Representative. The election of City not to exercise its rights under sub-paragraphs a through b above shall impose no liability on City, nor shall it relieve Contractor of any of its duties or obligations under the terms of this Agreement. Additionally, the election of City to exercise its rights under subparagraph a through b above shall impose no liability on City, nor shall it relieve Contractor of any of its duties or obligations under the terms of this Agreement, provided that City acted in good faith in the exercise of such rights. 5 25E-22 The Contractor shall dispose of all materials used in conjunction with the performance of this Agreement in strict compliance with all local, state and federal environmental and/or waste management rules, regulations, laws, statutes and practices. II. NO THIRD PARTY RIGHTS The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions. 12. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 13. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of 1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. 6 25E-23 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than 1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than 1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than 1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 14. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim for personal injury, damages, just compensation, restitution, judicial or equitable 7 25E-24 relief due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 15. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 16. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 17. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M 30) P.O. Box 1988 Santa Ana, CA 92702 1988 Telefacsimile (714) 647-6956 8 25E-25 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M21) P.O. Box 1988 Santa Ana, CA 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M 29) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647-6515 To Contractor: Paulus Engineering, Inc. 2871 Coronado Street Anaheim, CA 92806 Mailing address: P.O. Box 6216 Anaheim, CA 92816 Telefacsimile A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed, as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 18. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any 9 25E-26 purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein 19. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 20. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of Termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement 21. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 22. JURISDICTION VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any 10 25E-27 of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. MISCELLANEOUS PROMS l ONS a. Each undersigned represents and warrants by its signature herein below that they have the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANT ANA PATRICIA E. HEALY Clerk of Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Jose Sandoval Assistant City Attorney David N. Ream City Manager 11 25E-28 APPROVED AS TO CONTENT: CONTRACTOR Paulus Engineering, Inc. JAMES G. ROSS Executive Director, Public Works Agency Employer ID# or Individual SS# 12 25E-29 PBUIUS Englneerm riC 71ME & MATERIAL WORKSHEET TM No. Job No. Customer. Work Authorized by: Descriptio7r Pro/act: Work Date: Foreman: QTY LABOR REG HR Ort HRS REG RATE O7T RATE REG TOTAL 01T 10TAL taborer $ 52.00 $ 78.00 $ - $ - Pipelayer $ 58.00 $ 87.00 $ - $ - Operator $ 66.00 $ 99.00 $ - $ - Truck Driver $ 66.00 $ 99.00 $ - $ - Foreman $ 78.00 $ 117.00 $ - $ - Superintendent $ 95.00 $ 142.50 $ - $ - Subtofal $ $ - TOTAL $ $ QTY BARE EQUIPMENT AMT. UNIT TOTAL Cat 345 Excavator HR $ 150.00 $ - Compactlon Wheel HR $ 35.00 $ - Hltachi 400/450 Excavator HR $ 150.00 E - Compactlon Wheel HR $ 35.1X1 $ - Cat 240!330-Vulani 320 Excavator HR $ 120.00 $ - Compaction Wheel HR $ 35.00 $ - Cat 962 Wheel Loader HR $ 115.00 $ - Cat 950 Wheel Loader HR $ 95.00 $ - Lowbed Tractorfftaller HR $ 90,00 E - Cat Backhoe HR $ 70.00 $ - Compactlon Wheel or Breaker HR $ 25.00 $ - Boom Truck HR $ 38.00 $ - 10 Wheel Dump Truck HR $ 52.00 $ - 6 Wheel Dump Truck HR $ 43.00 $ - BWheel Flat Bed Truck HR $ SO.QO $ - WaterTruck HR $ 45.00 $ - Crew Truck with Tools HR $ 38.00 $ - Delivery Truck HR $ 30.00 $ - $ - Misc Tools Shoring Jacks -per each Day $ 12.00 $ - Trench Plates -per each Day $ 12.00 $ - Trench Shield Day $ 108.00 $ - Manhote Shield Day $ 90.00 S - 3" Pump wlConnectors Day $ 105.00 $ - Generator Day $ 80.00 $ - Alr Compressor Day $ 125.00 $ - Atr Blower Day $ 65.00 $ - Conflrted Space Equipment Day $ 750.00 $ - Gas DeteUbn Equipment Day $ 65.00 $ - Trafflc Arrow Board Day $ 200.00 $ - Traffic Barricades Day $ 2.00 $ - Traific Coneslpelineatars Dey $ 2.00 $ - Walk Behind Vltxatory Plate Day $ 80.00 $ - Mlsc Small Tools Day $ 75.00 $ - Subtotal $ - Mark Up % 15y. $ - TOTAL $ AMT MATERIAL, SUBCONTRACT, MISC Unk TOTAL $ - $ - $ - $ - $ - $ - $ $ - $ - $ - Subtotal $ - Merk Up Y• 15% $ - Total Overhead !Profit TOTAL $ TOTAL WORKSHEET S - 25E-30 ON-CALL AGREEMENT THIS AGREEMENT made and entered into this day of August 2008 by and between KEN THOMPSON, INC., a California corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City of Santa Ana's Public Works Agency Water Resources (City), provides water and sewer services to persons and property located both within and beyond the boundaries of City. B. From time to time City requires the services of independent contractors to assist City in natural or manmade emergency situations when City has an insufficient number of personnel and/or insufficient materials and/or equipment required to take action necessary on an expedited basis to prevent a system outage, to expeditiously restore service to normal operating conditions and/or to maintain service during such emergencies. C. City desires to expedite securing services of contractors to provide personnel, materials, tools, and/or equipment to assist City during such emergencies (collectively, Services). D. Contractor represents that Contractor is able and willing to provide such services to the City. E. City and Contractor previously entered into similar agreement for on-call emergency services on August 20, 2003 and wish to renew that relationship as indicated herein. F. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. G. The public interest, welfare and economy will be served by this Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1 25E-31 1. REQUEST FOR WORK Upon notice from the Executive Director of Public Works or his designee that an emergency exists and upon being requested to provide Services under this Agreement, Contractor shall promptly determine, in his sole discretion, and promptly notify City whether Contractor is willing and able to provide the Services requested by City. If the Contractor is able and willing to provide the Services, Contractor shall so notify City and shall immediately commence performance of the Services and diligently perform such utility repair work as the Executive Director or his designee directs. Contractor shall continue to furnish all tools, equipment, apparatus, facilities, labor, services and transportation necessary to complete the Services. 2. TERM OF AGREEMENT AND SERVICES TO BE PROVIDED BY CONTRACTOR a. The term of this Agreement shall begin upon execution of this Agreement and shall expire at the conclusion of three (3) years with an option to renew for another two (2) years exercisable by the City Manager. b. Contractor shall provide Services to assist City in natural or manmade emergency situations when City has an insufficient number of personnel and/or insufficient materials and/or equipment required to take action necessary on an expedited basis to prevent a system outage, to expeditiously restore service to normal operating conditions and/or to maintain service during such emergencies. Contractor shall provide personnel, materials, tools, and/or equipment to assist City during such emergencies. c. Contractor shall, within ten (10) days of execution of Agreement, designate an Authorized Representative and one alternate who shall have authority to act on behalf of Contractor. Contractor shall, within ten (10) days of execution of this Agreement, provide City with the information required on Exhibit A (Contact List). 3. CESSATION OF WORK City may, at any time, declare that there is no further need for Contractor's services in connection with a particular emergency, in which event Contractor shall cease work promptly upon notification to do so, but in no event later than twenty four (24) hours after notification. Contractor shall take any actions to secure the work prior to terminating the work. Any cessation of work ordered by City shall not terminate this Agreement, as City may require Contractor's further assistance in other emergencies. 4. NON EXCLUSIVE AGREEMENT Contractor acknowledges that City may enter into agreements similar to this Agreement with other contractors. City does not promise or guarantee that Contractor's services will be called upon at any time or at all. 2 25E-32 5. RESPONSIBILITES OF CITY a. Documents. City will, upon request, provide Contractor with copies of existing drawings, maps, and other existing information relevant to the Services to be performed as maybe readily available to City. b. Authorized Representative. The Executive Director or his designee shall serve as City Authorized Representative to coordinate, oversee and approve the Services provided by the Contractor. The Executive Director or his designee is authorized to give and receive any notices required herein and to terminate this Agreement as provided herein. c. Research of City Records. City will assist Contractor in researching the Department's record data pertaining to City facilities. d. Review of Contractor's Work Product. City will review the Services provided by Contractor and comment as appropriate. 6. COMPENSATION AND PAYMENT a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $130,000.00 during the term of this Agreement. b. At any time, Contractor may propose changes to the rates and charges in Exhibit B by giving City forty five (45) days prior written notice of the proposed rates. The existing rates and charges shall remain effective for any work requested by City prior to City receipt of notice of the proposed rates. No increase in rates and charges shall be effective until and unless made in writing executed by the Executive Director of the Public Works Agency and the City Attorney. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. d. Contractor shall submit to City on a monthly basis an accurate accounting of the Services performed by Contractor and a progress report showing the status of completion of the work and related expenditures. e. Contractor agrees to submit to City on a monthly basis a listing of the actual expenses incurred in each item of work. Said submittal will also include the forecasted cost for each item for the upcoming month. 3 25E-33 7. FISCAL RECORDS AND AUDIT Contractor shall use recognized accounting methods in preparing such invoices and reports. City reserves the right to designate its own employee representative(s) or its contracted representatives with a certified public accounting firm who shall have the right to audit Contractor's accounting procedures and internal controls of Contractor's financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. If Contractor fails to provide supporting documentation for any costs charged City to City's satisfaction, then Contractor agrees to reimburse City for those costs. Any such audit(s) shall be undertaken by City or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. Contractor agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under this Agreement. Contractor agrees to retain all necessary records/documentation for the entire length of this audit period. Contractor will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of Contractor's invoices and/or records shall be made within thirty (30) days from presentation of City's findings to Contractor. If Contractor fails to make such payment, Contractor agrees to pay interest, accruing monthly, at a rate often percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date Contractor reimburses City for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by Contractor to City in excess of one percent (1 %) of the value of that portion of the contract that was audited, the actual cost of City's audit shall be reimbursed to City by Contractor. Contractor reserves the right to contest any exception. 8. PROFESSIONAL PRACTICES All services to be provided pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional contractors in similar circumstances in accordance with sound professional practices. Contractor's engineering services will be furnished in accordance with generally accepted professional engineering practice and principles and under the supervision of professional engineers licensed in the State of California Contractor assumes responsibility for any and all negligence, errors or omissions that Contractor commits and any and all such negligence, errors or omissions committed by a subcontractor of Contractor in performance of this Agreement. All equipment and/or materials supplied pursuant to this Agreement shall be merchantable and fit for the intended purpose and shall be free from defects in design, workmanship, and/or materials. Contractor shall provide clear title to all materials supplied hereunder free and clear of all encumbrances. 4 25E-34 9. BREACH OF AGREEMENT Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of Agreement by Contractor, and City may withhold any payment to Contractor for the purpose of set-off until such time as the exact amount of damages due City from Contractor is determined. In addition, City may pursue all remedies available for breach of this Agreement. The waiver by either party of any breach to this Agreement shall not constitute a waiver as to any succeeding breach. 10. COMPLIANCE WITH LAWS In the performance of this Agreement, Contractor shall abide by and conform to (and shall ensure that Contractor's subcontractors, if any, shall abide by and conform to) any and all applicable laws, statutes, safety rules, and practices of the United States, the State of California, the Charter and Ordinances of the City of Santa Ana, and any other local laws (Laws and Practices). Further, Contractor warrants that all work done under this Agreement shall be in strict compliance with such Laws and Practices, including, but not limited to, Cal/OSHA regulations. City or it Authorized Representative reserves the right to enter the work site to make reasonable inspections, to monitor compliance with such Laws and Practices, and with the terms of this Agreement. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by City, its engineer or representatives, to all parts of the work and associated jobs. Where the specifications require work to be specially tested or approved, it shall not be tested without timely notice to City of its readiness for inspection and without approval thereof, or consent thereto by the City. City also reserves the following rights under this Agreement: a. If City Authorized Representative identifies a noncompliance situation, the Authorized Representative may inform Contractor of same and require that the situation be promptly rectified to the satisfaction of City's Authorized Representative. b. If City Authorized Representative identifies a Noncompliance situation, which in the opinion of the Authorized Representative, constitutes an immediate potential for bodily harm, danger of serious bodily harm or death, or significant property damage, the Authorized Representative may contact Contractor's Authorized Representative and recommend that work be stopped until the situation is rectified to the satisfaction of City's Authorized Representative. The election of City not to exercise its rights under sub-paragraphs a through b above shall impose no liability on City, nor shall it relieve Contractor of any of its duties or obligations under the terms of this Agreement. Additionally, the election of City to exercise its rights under subparagraph a through b above shall impose no liability on City, nor shall it relieve Contractor of any of its duties or obligations under the terms of this Agreement, provided that City acted in good faith in the exercise of such rights. 5 25E-35 The Contractor shall dispose of all materials used in conjunction with the performance of this Agreement in strict compliance with all local, state and federal environmental and/or waste management rules, regulations, laws, statutes and practices. 11. NO THIRD PARTY RIGHTS The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions. 12. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 13. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of 1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. 6 25E-36 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than 1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than 1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than 1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 14. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim for personal injury, damages, just compensation, restitution, judicial or equitable relief due by reason of the terms of or effects arising from this Agreement. This 25~-37 indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 15. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 16. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 17. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M 30) P.O. Box 1988 Santa Ana, CA 92702 1988 Telefacsimile (714) 647-6956 8 25E-38 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M21) P.O. Box 1988 Santa Ana, CA 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M 29) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647-6515 To Contractor: Ken Thompson, Inc. P.O. Box 77640 Corona, CA 92877 0121 Te 1 efacsimi 1 e (909) 284- 2442 Attn: Mr. Ken Thompson A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed, as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 18. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms 9 25E-39 and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein 19. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 20. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of Termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement 21. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 22. JURISDICTION VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the 10 25E-40 State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 24. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants by its signature herein below that they have the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANT ANA PATRICIA E. HEALY Clerk of Council David N. Ream City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Jose Sandoval Assistant City Attorney 11 25E-41 APPROVED AS TO CONTENT: JAMES G. ROSS Executive Director, Public Works Agency CONTRACTOR Ken Thompson, Inc. KEN THOMPSON 545-75-5798 Employer ID# or Individual SS# I2 25E-42 July 16, 2008 CITY OF SANTA ANA 220 S. Daisy Ave., M-85 P.O. Box 1988 Santa Ana, CA 92702 Attn: Mr. Thom Loughran Water Resources Manager Re: Labor and Equipment Rates Description Rates LABOR RATES Two Man Crew $ 120.00 Three Man Crew $ 176.02 Four Man Crew $ 236.35 Additional Man $ 58.77 Additional Operator $ 64.29 Two Man Crew (OT) $ 151.53 Three Man Crew (OT) $ 235.11 Four Man Crew (OT) $ 303.99 Additional Man (OT) $ 74.98 Additional Operator (OT) $ 82.04 EQUIPMENT RATES CAT 446 416, 426, 428, 436 Backhoe $ 127.61 Delivery Truck $ 47.38 CAT 325 Excavator, or equal $ 205.72 Linkbelt RT Crane $ 192.71 Kawasaki 80Z, 65Z Loader $ 130.21 Vacmaster Pothole Truck $ 130.00 Lowbed $ 130.83 Lowside End Dump $ 109.01 Ten Wheel Dump $ 101.51 Bob tail Dump Truck $ 86.84 Water Truck $ 75.90 Asphalt Roller $ 136.00 Skiploader $ 98.61 Concrete Saw $ 142.10 8' x 20' Shield (Daily) $ 150.00 4' x 20' Shield (Daily) $ 125.00 Light Plant (Daily) $ 233.94 Arrow Board (Daily) $ 170.13 Compaction Wheel (Daily) $ 248.46 Addco Message Board (Daily) $ 304.34 MATERIAL Material at Cost plus 15% Dump Fees at Cost plus 15% 25E-43 25E-44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: AGREEMENTS FOR ON-CALL ENGINEERING AND LANDSCAPING SERVICES '~~ r` CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO 11 ~~~t-=------= FILE NUMBER MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached agreements with DMJM Harris, URS, Penco Engineering and Psomas, subject to non-substantive changes approved by the City Manager and City Attorney, to provide engineering, architectural and landscaping services for the not to exceed amount of $200,000 for each firm. DISCUSSION Staff has solicited proposals for engineering and landscaping services. These services are required to augment City staff to complete the design of street rehabilitation, park and facility improvement projects in a timely manner. Six qualified firms were contacted and four firms submitted proposals. These proposals were reviewed by a review committee comprised of personnel from City Agencies. The ratings for all four firms are as follows: FIRM RATING 1. DMJM Harris 88 2 . URS 8 4 3. Penco Engineering 80 4. Psomas 75 The fee rate schedules for these firms were compared. The rates are consistent, reasonable and in line with staff's estimate. Because of the experience of key personnel, client satisfaction and competitive rates, it is recommended that the firms of DMJM Harris, URS, Penco Engineering and Psomas be retained for the required services. 25F-1 Agreements for On-Call Engineering and Landscaping Services August 18, 2008 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed contracts will have a limit of $200,000 for each firm. Funds to pay for the design engineering and landscaping services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~~ ~~ Ja s G. ss Francisco Gutierrez E cutive Director ~xecutive Director P blic Works Agency Finance & Mgmt. Services Agency i 25F-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of August, 2008 by and between PSOMAS, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and landscaping services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform engineering and landscape architecture services on an on-call basis, as set forth in its Proposal dated May 22, 2008, attached as Exhibit A to this Agreement and incorporated by reference. 2. DELIVERY OF WORK PRODUCT -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether 25F-3 copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed $200,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 25F-4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION 25F-5 Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or negligent effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) 4 25F-6 P.U. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. BOX 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: PSOMAS 3187 Red Hill Avenue, Suite 250 Costa Mesa, California 92626 telefacsimile (714) 667-7174 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 25F-7 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services 25F-8 hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PSOMAS TOM HERBEL Vice President 25F-9 EXHIBIT A SCOPE OF SERVICES 25F-10 EXHIBIT B FEE SCHEDULE 25F-11 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by ~o Authorized Representative 25F-12 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of August, 2008 by and between PENCO Engineering, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and landscaping services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform engineering and landscape architecture services on an on-call basis, as set forth in its Proposal dated May 22, 2008, attached as Exhibit A to this Agreement, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether 25F-13 copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed $200,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee ofthe City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total 25F-14 amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or negligent effects arising from this Agreement. This indemnity and hold harmless agreement applies to all 25F-15 claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either parry by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. BOX 1988 Santa Ana, California 92702 25F-16 telefacsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: PENCO Engineering, Inc. Irvine Technology Park, Bldg J-725 Irvine, California 92618 telefacsimile (949) 753-0775 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION 25F-17 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property ofthe City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 25F-18 indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PENCO ENGINEERING, INC. GEORGE A. JURICA President 25F-19 EXHIBIT A SCOPE OF SERVICES 25F-20 EXHIBIT B FEE SCHEDULE 25F-21 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative to 25F-22 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of August, 2008 by and between URS Corporation, a Nevada Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and landscaping services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform engineering and landscape architecture services on an on-call basis, as set forth in its Proposal dated May 22, 2008, attached as Exhibit A to this Agreement, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether 25F-23 copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed $200,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 25F-24 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proofthat insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION 25F-25 Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or negligent effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) 4 25F-26 P.O. BOX 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: URS Corporation 2020 East First Street, Suite 400 Santa Ana, CA 92705 telefacsimile (714) 667-7174 Attn: Jeff Chapman, P.E. A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, 25F-27 promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 25F-28 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney URS CORPORATION By: Laura Sheedy Assistant City Attorney JEFF CHAPMAN Principal-in-Charge 25F-29 EXHIBIT A SCOPE OF SERVICES 25F-30 EXHIBIT B FEE SCHEDULE 25F-31 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by io Authorized Representative 25F-32 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of August, 2008 by and between DMJM Harris, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and landscaping services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform engineering and landscape architecture services on an on-call basis, as set forth in its Proposal dated May 22, 2008, attached as Exhibit A to this Agreement and incorporated by reference. DELIVERY OF WORK PRODUCT -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether 25F-33 copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed $200,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total 25F-34 amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or negligent effects arising from this Agreement. This indemnity and hold harmless agreement applies to all 25F-35 claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 25F-36 telefacsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: DMJM Harris 999 Town & Country Road Orange, California 92868 telefacsimile (714) 567-2441 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION 25F-37 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS 25F-38 a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager DMJM HARRIS VICTOR MARTINEZ Vice President 25F-39 EXHIBIT A SCOPE OF SERVICES 25F-40 EXHIBIT B FEE SCHEDULE 25F-41 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by to Authorized Representative 25F-42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: PROGRAM YEAR 2008-09 YOUTH PROGRAM OPERATOR AGREEMENTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreements with the following Youth Program Operators for Program Year 2008-09 for a total of $828,073, subject to non- substantive changes approved by the City Manager and City Attorney: a. Christian Latino Association of Music and Arts to provide training in music technology, work experience, job preparation, tutoring, and job placement for ten Out-of-School Youth in an amount of $48,230, through June 30, 2009; b. Orange County Children's Therapeutic Arts Center to provide tutoring, job preparation, work experience, and job placement for fifteen Out-of-School Youth in an amount of $107,000, through June 30, 2009; c. Orange County Conservation Corps to provide on-the-job training, tutoring, job preparation, and job placement for Out-of-School Youth in an amount of $114,174, through June 30, 2009. The total number of youth to be served will be negotiated by July 30, 2008; d. Orange County Department of Education to provide tutoring, career development, job preparation, and job placement for twenty In-School Youth in an amount of $97,077, through June 30,2009; e. Orange County Youth Commission to provide tutoring, mentoring, job preparation, and job placement for In-School Youth and Out- of-School Youth in an amount of $71,904, through June 30, 2009. 25G-1 PY 08-09 Youth Program Operator Agreements August 18, 2008 Page 2 The total number of youth to be served will be negotiated by July 30, 2008; f. Orangewood Children's Foundation to provide tutoring, job Preparation, and placement for fifteen Out-of-School Youth in an amount of $95,475, through June 30, 2009; g. Santa Ana Unified School District/ROP to provide mentoring, work experience, and placement for thirty In-School Youth in an amount of $163,350, through June 30, 2009; and h. Taller San Jose to provide vocational training, job preparation, and placement Out-of-School Youth in an amount of $130,863, through June 30, 2009. The total number of youth to be served will be negotiated by July 30, 2008. 2. Authorize the City Manager and Clerk of the Council to execute the Memorandum of Understanding with the Santa Ana W/0/R/K Center for the Youth Service Provider Navigator service to June 30, 2009, and increase the funding by $254,757. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting on July 18, 2008, by a vote of 19:0 (Claudio, de Leon, Didion, Dietz, Fischer, Lacroix, Sanchez, Wadhera, Ward absent; and Chen-Lee, Jimenez-Hami, abstained) the Workforce Investment Board: 1. Recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute contracts in substantial conformity with the following Youth Program Operators for Program Year 2008-09 as recommended by the Santa Ana Workforce Investment Board and Santa Ana Youth Council. Youth Program Operators 1 Christian Latino Association of Music and Arts $ 48,230 2. Orange County Children's Therapeutic Arts Center $ 107,000 3. Orange County Conservation Corps $ 114,174 4. Orange County Department of Education $ 97,077 5. Orange County Youth Commission $ 71,904 6. Orangewood Children's Foundation $ 95,475 7. Santa Ana Unified School District $ 163,350 8. Taller San Jose $ 130,863 25G-2 PY 08-09 Youth Program Operator Agreements August 18, 2008 Page 3 2. Recommended that the City Council approve and Manager and Clerk of the Council to execute Understanding with the Santa Ana W/0/R/K Center fo Provider Navigator service to June 30, 2009, and incr $254,757. DISCUSSION authorize the City the Memorandum of r the Youth Service ease the funding by Under the Workforce Investment Act (WIA), the Santa Ana Workforce Investment Board (WIB) and its Youth Council are required to make funding recommendations each program year utilizing WIA youth funds in order to provide WIA services to local qualified at-risk youth. A Request for Proposals (RFP) seeking providers for youth services was released and eight responses were received for the 2008-09 program year. On June 3, 2008, the RFP Review Team met to review the proposals and make funding recommendations. These funding recommendations have taken into account the WIA requirement to ensure that at least thirty percent of the youth funds are spent on out-of-school youth and to serve the neediest youth as outlined by the Department of Labor's `New Strategic Vision for the Delivery of Youth Services under the Workforce Investment Act." Also, these recommendations are the first step needed to ensure that at least eighty percent of the funds are obligated each year, as required by the Act. FISCAL IMPACT Funds are available in the Workforce Investment Act account (account no. 123-195-6933 and 123-192-6933 for Youth Program Operators and 123-215 various and 123-205-various for Youth Service Navigator). APPROVED AS TO FUNDS AND ACCOUNTS: Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency Francisco Gutierrez ~~ Executive Director Finance & Management Services Agency CJN/LAS/FJ/mlr 081808 PY08-09YOUthContracts 25G-3 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18`h day of August, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Christian Latino Association of Music and Arts ("CONTRACTOR"). W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 2 5 ~ ~4 Page 1 of 15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing 25G ~5 Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA EWIR; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 25G ~V Page 3 of 15 J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign 25G ~7 Page 4 of 15 a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide adrug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed forty^eig_ht thousand, two hundred thirty dollars ($48,230 for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on-site monitoring reviews of said program operation at least twice annually. In addition, monthly desk-top reviews of pertinent information will be conducted. C. CITY has the right to de-obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on August 18, 2008 and all duties arising under this Agreement shall have been performed by June 30, 2009 . The term of this Agreement maybe extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 25G ~8 Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) core performance measures for youths ages 14-18 and four (4) for core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14-21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, 25G ~9 Page 6 of 15 color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25G-1 0 Page 7 of 15 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright- able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 25G-11 Page 8 of 15 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employ. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting, Business Involvin Cg lose personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No 2 5 ~ ~ ~ 2 Page 9 of 15 voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY. Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate ofself-insurance. 25G-13 Page 10 of 15 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate ofself-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 2 G ~ -14 Page 11 of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUND5 CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 25G-15 Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH -SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR'S violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 and, 25G-16 Page 13 of 15 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Christian Latino Association of Music and Arts 14023 Whiterock Drive La Mirada, CA 90638 (562) 943-7121 Telefacsimile (562) 943-7606 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above-written. CITY OF SANTA ANA, a municipal 25G-17 Page 14 of 15 ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services corporation of the State of California "CITY" By: David N. Ream City Manager "CONTRACTOR" BY: Name: Joey Arreguin Title: President Tax ID #: 770467012 25G-18 Pale 15 of 15 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18th day of August, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Orange County Children's Therapeutic Arts Center ("CONTRACTOR"). W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 25G-19 Page1of15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing 25G X20 Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA EWIR; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 25G ~2 ~ Page 3 of 15 J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign 25G X22 Page 4 of 15 a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide adrug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed one hundred seven thousand dollars 107 000 for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on-site monitoring reviews of said program operation at least twice annually. h1 addition, monthly desk-top reviews of pertinent information will be conducted. C. CITY has the right to de-obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on August 18, 2008 and all duties arising under this Agreement shall have been performed by June 30, 2009 . The term of this Agreement maybe extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 25G X23 Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) core performance measures for youths ages 14-18 and four (4) for core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14-21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, 25G X24 Page 6 of 15 color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25G X25 Page 7 of 15 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright- able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 25G~ZV Page 8 of 15 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involvin Cg lose personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No 25G X27 Page 9 of 15 voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY. Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liabili Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 25G_2~ Page 10 of 15 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 25G-29 Page 11 of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 25G-30 Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH -SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR'S violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 and, 25G-31 Page 13 of 15 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Orange County Children's Therapeutic Arts Center 2215 N. Broadway Santa Ana, CA 92706 (714) 547-5468 Telefacsimile (714) 564-9690 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above-written. CITY OF SANTA ANA, a municipal 25G X32 Page 14 of 15 ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services corporation of the State of California "CITY" By: David N. Ream City Manager "CONTRACTOR" BY: Name: Dr. Ana Jimenez-Hami Title: Executive Director Tax ID #: 33-0930891 25G-33 Page 15 of 15 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18th day of August, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Orange County Conservation Corps ("CONTRACTOR"). W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 25G-34 Page 1 of 15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services maybe grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing 25G-35 Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA EWIR; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 25G-36 Page 3 of 15 J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign 25G X37 Page 4 of 15 a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide adrug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed one hundred fourteen thousand, one hundred seventy-four dollars ($114,174) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on-site monitoring reviews of said program operation at least twice annually. In addition, monthly desk-top reviews of pertinent information will be conducted. C. CITY has the right to de-obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on August 18, 2008 and all duties arising under this Agreement shall have been performed by June 30, 2009 . The term of this Agreement maybe extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 25G X38 Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) core performance measures for youths ages 14-18 and four (4) for core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14-21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, 25G-39 Page 6 of 15 color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25G X40 Page 7 of 15 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright- able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 2 G ~ -41 Page 8 of 15 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employ. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involvin Cg lose personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No 25G X42 Page 9 of 15 voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY. Governmental entities may substitute a certificate ofself-insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 25G X43 Page 10 of 15 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate ofself-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 2 G ~ -44 Page 11 of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 25G-45 Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH -SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR'S violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 and, 25G~4V Page 13 of 15 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Orange County Conservation Corps 1853 N. Raymond Ave. Anaheim, CA 92801 (714) 956-6222 Telefacsimile (714) 956-1944 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above-written. CITY OF SANTA ANA, a municipal 25G X47 Page 14 of 15 ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services corporation of the State of California "CITY" By: David N. Ream City Manager "CONTRACTOR" BY: Name: Max Carter Title: Executive Director Tax ID #: 33-0563781 25G-48 Page 15 of 15 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18`h day of August, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Orange County Department of Education ("CONTRACTOR"). W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 25G-49 Page 1 of 15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing 25G ~JO Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA EWIR; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 25G-51 Page 3 of 15 J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign 25G X52 Page 4 of 15 a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide adrug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed ninety-seven thousand, seventy-seven dollars ($97,077) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on-site monitoring reviews of said program operation at least twice annually. In addition, monthly desk-top reviews of pertinent information will be conducted. C. CITY has the right to de-obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on August 18, 2008 and all duties arising under this Agreement shall have been performed by June 30, 2009 . The term of this Agreement maybe extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 25G-53 Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) core performance measures for youths ages 14-18 and four (4) for core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14-21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, 25G-54 Page 6 of 15 color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25G-55 Page 7 of 15 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright- able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 25G-56 Page 8 of 15 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involvin Cg lose personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No 25G ~J7 Page 9 of 15 voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY. Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 25G X58 Page 10 of 15 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 25G-59 Page 11 of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 2 5 G~ V O Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH -SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR'S violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (I) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 and, 25~-61 Page 13 of 15 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Orange County Department of Education-ACCESS 1220 Village Way, Ste. B Santa Ana, CA 92705 (714) 953-6513 Telefacsimile (714) 953-9611 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above-written. CITY OF SANTA ANA, a municipal 2 5 ~ ~ V 2 Page 14 of 15 ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services corporation of the State of California "CITY" By: David N. Ream City Manager "CONTRACTOR" BY: Name: John L. Nelson Title: Associate Superintendent Tax ID #: 25G-63 Page 15 of 15 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18th day of August, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Orange County Youth Commission ("CONTRACTOR"). W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 2 5 G~ V 4 Page 1 of 15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing 25G-65 Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA EWIR; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 25G-66 Page 3 of 15 J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign 25~ X67 Page 4 of 15 a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide adrug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed seventy-one thousand, nine hundred four dollars 071,904) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on-site monitoring reviews of said program operation at least twice annually. In addition, monthly desk-top reviews of pertinent information will be conducted. C. CITY has the right to de-obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2008 and all duties arising under this Agreement shall have been performed by June 30, 2009 . The term of this Agreement maybe extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 25G-68 Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) core performance measures for youths ages 14-18 and four (4) for core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14-21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, 25G-69 Page 6 of 15 color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25G X70 Page 7 of 15 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright- able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (W1B) shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 25G ~7 ~ Page 8 of 15 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involvin Cg lose personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No 25G X72 Page 9 of 15 voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY. Governmental entities may substitute a certificate ofself-insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate ofself-insurance. 25G X73 Page 10 of 15 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 25G-74 Page 11 of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 25G-75 Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH -SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR'S violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 and, 25G-76 Page 13 of 15 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Orange County Youth Commission 1850 E. 17th Street, Ste. 220 Santa Ana, CA 92705 (714) 542-7635 Telefacsimile (714) 542-7635 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above-written. CITY OF SANTA ANA, a municipal 25G X77 Page 14 of 15 ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services corporation of the State of California "CITY" By: David N. Ream City Manager "CONTRACTOR" BY: Name: Rosemarie Avila Title: Founder and President Tax ID #: 31-1755406 25G-78 Page 15 of 15 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18~' day of August, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Orangewood Children's Foundation ("CONTRACTOR"). W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 25G-79 Page 1 of 15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services maybe grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing 25G X80 Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA EWIR; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 25G ~8 ~ Page 3 of 15 J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign 25G-82 Page4 of 15 a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide adrug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed ninety-five thousand, four hundred seventy-five dollars ($95,475) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on-site monitoring reviews of said program operation at least twice annually. In addition, monthly desk-top reviews of pertinent information will be conducted. C. CITY has the right to de-obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on August 18, 2008 and all duties arising under this Agreement shall have been performed by June 30, 2009 . The term of this Agreement maybe extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 25G X83 Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) core performance measures for youths ages 14-18 and four (4) for core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14-21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, 25G X84 Page 6 of 15 color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25G X85 Page 7 of 15 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright- able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 25G ~~ V Page 8 of 15 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting, Business Involvin Cg lose personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No 25G X87 Page 9 of 15 voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY. Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 25G X88 Page 10 of 15 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 25G-89 Page 11 of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 25G X90 Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH -SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 and, 25G-91 Page 13 of 15 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Orangewood Children's Foundation 1575 East 17`h Street Santa Ana, CA 92705 (714) 619-0229 Telefacsimile (714) 619-0252 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above-written. CITY OF SANTA ANA, a municipal 25G X92 Page 14 of 15 ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services corporation of the State of California "CITY" By: David N. Ream City Manager "CONTRACTOR" BY: Name: Cal Winslow Title: CEO Tax ID #: 95-3616628 25G-93 Page 15 of 15 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18`l' day of August, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Santa Ana Unified School District/Career Development/ROP ("CONTRACTOR"). W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 25G-94 Page 1 of 15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services maybe grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing 25G-95 Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA EWIR; any subsequent updates to EWIE and /or SWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 25G-96 Page 3 of 15 J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign 25G X97 Page 4 of 15 a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide adrug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed one hundred sixty-three thousand, three hundred fi dollars~$163,350) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on-site monitoring reviews of said program operation at least twice annually. In addition, monthly desk-top reviews of pertinent information will be conducted. C. CITY has the right to de-obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on August 18, 2008 and all duties arising under this Agreement shall have been performed by June 30, 2009 . The term of this Agreement maybe extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 25G X98 Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) core performance measures for youths ages 14-18 and four (4) for core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14-21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, 25G-99 Page 6 of 15 color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25G-~ 00 Page 7 of 15 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright- able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 25G-101 Page 8 of 15 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employ. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving~Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involvin Cg lose personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting ornon-voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No 25G-1 02 Page 9 of 15 voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY. Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 25G-103 Page 10 of 15 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 25G-104 Page 11 of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 25G-105 Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH -SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 and, 25G-106 Page 13 of 15 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Santa Ana Unified School District/Career Development/ROP 1815 S. Ritchey Street, Bldg. lA Santa Ana, CA 92705 (714) 566-8400 Telefacsimile (714) 566-8496 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above-written. CITY OF SANTA ANA, a municipal 25G-~ 07 Page 14 of 15 ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services corporation of the State of California "CITY" By: David N. Ream City Manager "CONTRACTOR" BY: Name: Don Trigg Title: Associate Superintendent of Business Services Tax ID #: 95-6002823 25G-~ O8 Page 15 of 15 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18`h day of August, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Taller San Jose ("CONTRACTOR"). W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 25G-109 Page 1 of15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services maybe grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing 25~-110 Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA EWIR; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 25G-111 Page 3 of 15 J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's InvoiceNoucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign 2 G ~ -112 Page 4 of 15 a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide adrug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed one hundred thirty thousand, eight hundred sixty three dollars ($130,863) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on-site monitoring reviews of said program operation at least twice annually. In addition, monthly desk-top reviews of pertinent information will be conducted. C. CITY has the right to de-obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on August 18, 2008 and all duties arising under this Agreement shall have been performed by June 30, 2009 . The term of this Agreement maybe extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 25G-113 Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) core performance measures for youths ages 14-18 and four (4) for core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14-21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, 2 5 ~ -114 Page 6 of 15 color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 25G-115 Page 7 of 15 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS 1N DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright- able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 2 G ~ -116 Page 8 of 15 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involvin Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No 25G-117 Pale 9 of 15 voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY. Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned leased and non-owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate ofself-insurance. 25G-118 Page 10 of 15 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate ofself-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 25G-119 Page 11 of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 25G-120 Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH -SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR'S violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 and, 2 G ~ -121 Page 13 of 15 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Taller San Jose 801 N. Broadway Santa Ana, CA 92701 (714) 543-5105 Telefacsimile (714) 543-5032 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above-written. CITY OF SANTA ANA, a municipal 25G-122 Page 14 of 15 ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services corporation of the State of California "CITY" By: David N. Ream City Manager "CONTRACTOR" BY: Name: Shawna E. Smith Title: Executive Director Tax ID #: 59-3816355 2 ~ G -123 Page 15 of 15 MEMORANDUM OF UNDERSTANDING BET«'EEN THE SANTA A1\TA V~'ORILFORCE IN~'ESTI\ZENT BOARD/1'OUTH COUNCIL AND THE SANTA ANA R'/O/R/K CENTER/ YOUTH SERVICE PROVIDER NAVIGATOR This Memorandum of Understanding is entered this 1 £ day of August 2008. by and between the Santa Ana Workforce Investment Board ("WIB")/Santa Ana Youth Council and the Santa Ana W/O%RlK Center ("Provider") acting in its capacity as the Youth Service Provider Navigator. 1. PURPOSE: The Santa Ana Youth Council designated the Santa Ana W!O.!RlK Center as their "Service Navigator'" for all WIA youth services, and its eligible participants. The Sen~ice Navigator's function within the Youth Service Provider Network is to coordinate services in a manner that eliminates bureaucrac}' from the participating providers. 2. STAFFING RESPONSIBILITY OF "PRO~~IDER": The Santa Asia W/O/RJk Center must provide sufficient staff to conduct the following roles: A. Recruit potential WIA participants to Youth Service Provider Network B. Refer all eligible youth to appropriate WIA youth contractors C. Collect eligibility documentation (both at provider location and Service Navigator site) D. Certifi~ WIA eligibility E. Maintain an automated client tracking system F. Ensure accuracy and timely submission of all Sob Training Automated (JTA) MIS system forms G. Provide technical assistance and eligibility training to all providers H. Develop policies and procedures to ensure compliance ~~ith Federal. State and Local WIA rules, regulations and goals I. Track and maintain programiprovider performance goals J. Coordinate co-enrollment among youth providers K. Actively participate on the Santa Ana Youth Council L. Coordinate (and provide as needed) follow-up services with providers and participants M. Process payment for services within 30 days of receipt N. Conduct an amlual fiscal monitoring of youth providers funded under WIA O. Provide on-going Labor Market Information related to youth to providers P. Provide on-going ADA/EEO information/training Q. Provide on-going information/training on Child Labor Laws R. Provide legislative%regulatory updates on services. programs impacted by Youth Workforce Development 1 25G-124 S. Collect. analyze and report to Youth Council the results of the Customer Satisfaction Surveys 'T. Create and implement a continuous improvement project based on the results of the Customer Satisfaction Survey L. Be available and prepared for monitoring by Federal, State and SAWIB staff 4. FOLLOW UP SERVICES: Follov~--up services «~ill be a coordinated effort between the W/O,'R~IL Center Service Navigator and the youth program operators. The purpose of follow-up is to deternline a participant's employment and educational status after exiting the WIA program and to provide additional assistance if needed. ~. BUDGET: The W/O/R/Ik Center acting as the '`Provider"_. shall provide all of the services discussed herein as well as those set forth in Exhibit A, for the monetary amount set forth in its budget. Said Budget may annually be updated as approved by the Vi'IB. 6. DURATION: This MOU shall remain in effect until a written cancellation is submitted by either party giving a 30-day advance notice. 7. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other. Amendments to this MOU shall require the approval of the authorized signator}~ for the WIB and the Deputy City Manager for Development Services, on behalf of the W/O/R/IL Center. ~. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail. the dispute shall be referred to the Deputy City Manager for Development Services to act as mediator, to attempt to reso]ve the dispute by holding an informal hearing with presentations by both parties. If the Executive Director's resolution efforts fail. any party may file a grievance with the Deputy City Manager for Development Services for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be borne by the losing party. 9. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 10. HOLD HARMLESS: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees. and volunteers from and against any and all loss or damage. and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers. agents; employees or volunteers in the performance of this MOU. 11. DISCRIMINATION: Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, 2 25G-125 or disability. as defined and prohibited by applicable law. and Provider affirms that it shall comply with all applicable federal, state and local laws and regulations. 1?. AUTHORITY AND SIGNATLiRES: The individuals signing this MOU or its attachments have the authority to cormnit the party they represent to the teens of this IVIOU. and do so conunit by signing. IN V~~ITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Patricia E. Heah~ Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher. Cite Attorney Bv: Lisa Storck Assistant Cit<~ Attorney MOli Youth Service Provider?-Ob CITY OF SANTA ANA David N. Ream Cin~ Manager Santa Ana ~~' orkforce Investment Board By: Title: J 25G-126 Exhibit A The City of Santa Ana W/O/R/K Center Service Navigator Plan Program Year 2008-2009 25G-127 TABLE OF CONTENTS Executive Summary Outreach & Recruitment • Training and Technical Assistance . Eligibility Determination • Completing JTA & MIS Forms . Job Development ck Placement . Performance Management . Customer Satisfaction. • Fiscal Oversight . Fiscal Capacity Organizational Strengths and Staff Capacity. . Eligibility Flow Chart (Attachment A) Invoice Process (Attachment B) Staff Responsibilities (Attachment C) Youth Navigator Budget (Attachment D) Budget Narrative {Attachment E). J 4 6 7 7 9 9 10 11 12 1J 16 17 18 22 23 2 25G-128 EXECUTIVE SUMMARY The concept of the "Daisy Wheel" service delivery was adopted in 2002 by the Santa Ana Youth Council to provide an "All Yout11 One System", where resources would be leveraged from a network of Youth Service Providers now Ialown as the Youth Service Provider Network (YSPN). The concept allowed youth regardless of eligibility to receive services from the various Service Providers and the Santa Ana W/O/R/K Center (SAWC). The Workforce Investment Act (WIA) requires that ten program elements be delivered in a developmental approach to allow youth to receive resources that will help them overcome bamers to education and employment. The WIA ten elements require a collaborative, coordinated and sequenced approach to assisting youth served with WIA funds. The YSPN was formulated with this principle in mind so that no one Service Provider would have to provide all ten elements, allow more youth to be served by the Service Providers through other non-WIA funding streams, and to streamline services provided to youth which were fragmented prior to the development of the YSPN. The YSPN consists of Service Providers that collectively offer the ten WIA program elements in a creative and interactive manner. The concept, as required by the YSPN, allows the Service Provider to focus on what service they specialize in and do best. This, however, is not possible without the role of the Service Navigator. The role of the Service Navigator is critical to promote broad-based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. Funded through the Santa Ana Workforce Investment Board (WIB)-Youth Council and acting as the Youth Service Navigator, the City of Santa Ana W/O/R/K Center (SAWC) assumes the primary responsibility of determining youth eligibility, providing technical assistance, training and sharing best practice in case management, placement, exit, and follow-up services. In addition, the SAWC ensures the completion and accuracy of all required forms and documentation. As the Service Navigator, the SAWC will work cooperatively with all Service Providers from the initial outreach, recruitment and intake process to the successful completion, exiting, and follow-up of all WIA youth enrolled in the YSPN. 3 25G-129 As the Service Navigator, the SAWC brings to the YSPN over 20 years of extensive experience, administering a variety of Federal and State funded programs. Staff is well versed in both programmatic and fiscal requirements. As an on-going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Since the inception of the YSPN, the SAWC has been instrumental in helping the Network meet the required performance measures through consistent oversight and guidance in intake, eligibility, case management, exit, and follow-up. Moreover, through its partnership with local businesses and organizations, the SAWC has a comprehensive realm of services and resource available to the YSPN and the youth they enroll. The SAWC will maintain communication with the youth Service Providers during the life of the contract by coordinating monthly meetings with all Service Providers for program, legislation, MIS/JTA paperwork updates, and to address any questions or concerns they may have. Individual meetings with Service Providers will also be arranged to assist and address individual issues or questions. The SAWC Youth Help Desk will assist with the marketing, recruitment, outreach, and placement efforts of the YSPN. To assist in facilitating the communication with the WIB-Fiscal Unit, the SAWC Fiscal Liaison will ensure that Service Providers receive up-to-date information on their invoices and payments. The Fiscal Liaison will report back to the Service Providers on the status of their invoices as well as any issues pertaining to fiscal matters. Ultimately the SAWC's goal is to provide the assistance and tools necessary to allow the Service Providers to focus on providing streamlined services to the youth of Santa Ana. A more detailed description on how the SAWC will function as the Service Navigator is explained below: OUTREACH AND RECRUITMENT Since the development of the YSPN, the SAWC has made it a priority to inform the public of the services and programs available through the YSPN. Through its partnerships and collaboration with community agencies, the SAWC has been engaged in planning and participating in 4 25G-130 community events, job fairs, resource fairs and conducting presentations to connect youth with the YSPN programs. Some of the major events in which the SAWC participates include the Annual Summer Youth Job Fair hosted by Employment Development Department (EDD), the World of Work Career Fair sponsored by the Orange County Department of Education, and the Youth Collaborators Conference supported by the Boys & Girls Club. Utilizing the relationships we have established with the Santa Ana Unified School District and the Orange County Department of Education, the SAWC has been able to deepen its outreach effort to a much broader base of youth, parents, and educators in the community. The SAWC recognizes the importance of marketing the entire YSPN and its comprehensive programs and services. Every effort is made to ensure that staff markets the network at all job fairs, youth oriented recruitment and outreach events, thus, benefitting all Service Providers. One of the most recent achievements by the SAWC, in partnership collaboration with the EDD, was the inaugural launching of the Youth Help Desk at the WORK Center in the summer of 2007; the objective of the Youth Help Desk is to offer a place for youth to obtain information, services, work readiness assistance and referrals. Staff at the Youth Help Desk has been trained to conduct comprehensive assessments for youth, address workforce needs, provide referrals to YSPN programs, and be an overall resource to the youth that come to the SAWC. The Youth Help Desk has been instrumental in bringing to fruition one of the initial goals behind the Daisy Wheel YSPN concept, which was to provide an "All Youth One System" that provides all Santa Ana youth with services regardless of eligibility. The SAWC has been able to leverage resources through the City of Santa Ana's Economic Development Department for marketing materials and to work collaboratively with the Business Outreach Team to promote services offered by the YSPN, Youth Help Desk and SAWC. 5 25G-131 TRAINING & TECHNICAL ASSISTANCE For more than 20 years, the SAWC staff has successfully administered and implemented many federally and state funded employment and training programs. As an on-going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Over the years, staff has acquired and kept abreast with the latest workforce trends and legislative changes to ensure compliance with state and federal regulations. Staff has developed comprehensive training manuals and conducted regular training for all Service Providers using a customer friendly and easily understood format. Since the inception of the Daisy Wheel YSPN in 2002, staff has also translated various complex system measurements and mandatory reporting requirements into an easily understood formate for the YSPN Service Providers. As the Service Navigator, the SAWC has organized and/or developed the following training for all Service Providers in order to stay current and be in compliance with our state and federal regulations: • What is WIA? • Enrollment Strategies • Case management Strategies • Co-Enrollments • Credential Information • Fiscal Invoicing • Fiscal Responsibility • Performance Measures • Becoming Familiar with your Agency's Contract • New Enrollment Intake • Case Notes • Exit Strategies • Follow-up training • Disability Awareness • Data Validation For the past five years, the SAWC, as the Service Navigator, meets with the YSPN on a monthly basis to provide them with monthly reports and the status of their case loads. At the monthly YSPN meeting, the SAWC reports out on enrollments, activities, exits, and follow-ups. As needed, the SAWC also conducts staff in-service training for the Service Providers and alerts them of any changes to paperwork as well as modifications to process and procedures. As the Service Navigator, one of our goals has been to provide the YSPN with all the tools necessary to allow them to focus on providing services to the youth in Santa Ana. The SAWC continues to avail itself to all Service Providers for individualized training and technical assistance. At times, when Service Providers have experienced staff turnover, the SAWC staff readily stepped in and provided much needed transitional and customized training to ensure continuity and consistency 6 25G-132 of service delivery. Examples of training include eligibility requirements, intake process, goal setting, case management techniques, performance management, exit strategies and follow-up techniques. The trainings were tailored to meet the specific needs of each Service Provider. ELIGIBILITY DETERMINATION The SAWC as the Service Navigator will assume the primary responsibility of determining WIA youth eligibility in accordance with Federal, State, and local rules and regulations. We will train Service Providers on the eligibility process, provide eligibility forms, calculate participant's family income, determine participant .eligibility, review and analyze participant goals and activities, and process eligibility JTA/MIS forms. The SAWC has a designated Eligibility Technician with the experience and knowledge to determine WIA youth eligibility effectively. The Eligibility Technician will review all submitted applications and determine eligibility by verifying eligibility documentation, youth participant right to work, selective service compliance (for males 18 years and older), and determining income eligibility in accordance with the Poverty Guidelines. Review goals and activities to ensure that Performance Measures can be attained, record the participants' information in a database in order to produce reports necessary to keep Service Providers informed, and forward accurate JTA forms to MIS personnel. Recommendations, suggestions, and/or corrections are given to each Service Provider as needed to ensure that the eligibility requirements have been met, and that enrollment goals for each program and the YSPN as a whole are reached. An Eligibility Flow Chart is attached (see attachment A) to provide a better understanding of how eligibility is processed. COMPLETING JTA & MIS FORMS The SAWC will ensure that JTA/MIS forms are completed accurately and submitted within the allotted timeframe. We will review all JTA/MIS forms to ensure accuracies and compliance with Federal, State, and Local guidelines. All Service Provider will be provided with computerized JTA/MIS forms, training on completion of JTA/MIS forms, and a JTA/MIS Time Line Policy. 7 25G-133 SAWC staff will be available to answer questions and provide technical assistance to all Service Provider regarding the forms. JTA/MIS forms are processed in a chronological order by the Service Provider and the SAWC. Once the application, activity form, and youth test score forms are submitted to the SAWC, it is the responsibility of the Service Navigator to ensure that all information is accurate and the activities match the youth's needs. In addition, the SAWC ensures the documented youth test scores are accurate and that all forms have appropriate signatures. It is very important to track key information from each form in order to produce reports for Service Providers, track performance outcomes, and have the information readily available to provide guidance to the Service Provider on how to proceed with their participants at any given period. The SAWC has developed its own tracking database tailored to provide the above capabilities while giving itself the flexibility and information to provide the YSPN with specialized technical assistance. In addition to the tracking system, a reference file has been created for each youth enrolled in the YSPN in order to track JTA/MIS forms and ensure accuracy of information. The SAWC will make copies of the completed JTA/MIS forms and forward them to the MIS Unit for entry into the State data system for official enrollment. Copies of the JTA/MIS forms with an official stamp will be returned to the corresponding Service Provider. As activities are closed, the Service Provider is to submit JTA/MIS forms along with data verification, if necessary, to the SAWC who will ensure their accuracy, input the data into the tracking system, make copies of the farms, and submit the forms to the MIS unit for official recording. Once a Service Provider is ready to exit a youth participant, SAWC is consulted to determine the best exit strategy. The objective is to make sure that the youth has received quality and necessary assistance to improve their situation and meet WIA Performance Measures. As the Service Navigator, the SAWC is responsible for reviewing every exit form, requesting data verification if necessary, obtaining post test score forms, making sure that all activities are closed, and ensuring 8 25G-134 that exiting the youth is in the best interest of the youth first and then to the YSPN as a whole. Once that has been established, all exit forms and pertinent infornation are input into the tracking system and copies are made and sent to the MIS unit for entry into the JTA system. Follow-up services will be conducted for one year for each exited participant by the responsible Service Provider. Follow-Up forms will be submitted to the SAWC for review, for input into the tracking system, for data verification, and to enter into the JTA system. JOB DEVELOPMENT & PLACEMENT The SAWC has a comprehensive realm of services available through its partnership with local businesses and organization. The SAWC is an integral part of the City's Economic Development Department that is comprised of workforce development, Empowerment Zone and Enterprise Zone Programs. The Enterprise and Empowerment Zone programs are designed to promote business growth and job generation by offering state and federal tax credits and highly valuable economic incentives to businesses. Many of our Santa Ana residents including youth qualify for these tax credits, thus providing significant bottom line savings for Santa Ana businesses. It is through all the various links that the SAWC is able to provide the community with quality job placement assistance and offer connections to a strong labor market. The SAWC will offer assistance and guidance in job placement by notifying Service Providers and youth of job opportunities, employer on-site hiring recruitments, and job fairs. SAWC will notify Service Providers daily via electronic mail and/or flyers regarding job announcements; In addition, the Youth Help Desk will be available to assist youth looking for employment by providing them with job search assistance, job opening, resume assistance, labor market information and demand occupations. PERFORMANCE MANAGEMENT The SAWC, through its extensive experience administering Federal and State funded programs, understands that WIA performance management is vital to the success of the YSPN. As of July 1, 2007 the Department of Labor (DOL), Employment and Training Administration (ETA) approved regulations that all WIA youth programs in California must move from the statutory performance measures that we have been following since the beginning of WIA, to the Common 9 25G-135 Performance Measures. This means that there is no longer a separation of performance measures for older youth (19-21 year old) and younger youth (14-18 years old). Youth measures have been combined to include placement in employment or education, attainment of a degree or certificate, and literacy and numeracy gains. It is important that the YSPN understand how this will impact their caseloads, future enrollments, and overall success. As the Service Navigator, the SAWC has been preparing for these changes since the proposed changes were announced by the Department of Labor a few years ago. Staff has attended common measure trainings through DOL and at the annual California Workforce Association Conferences. This is just one example of our commitment to helping the YSPN stay in compliance and up to date with new regulations so the YSPN can succeed in meeting all Federal, State, and locally mandated performance measures. Training on common measures to allow all Service Providers to have a basic understanding of what common measures are and how they will affect them will continue to be a priority for the SAWC. The SAWC will provide all Service Providers with individual exit oversight. Staff will meet individually with each Service Provider to go over exit strategies for each youth actively enrolled on their case load and evaluate which youth are ready to exit the program and how their exit will impact the overall success of the YSPN. The SAWC will train all Service Providers on how to exit and follow-up on their youth in order to comply with federal, state, and local regulations. We will use our data base to provide reports to the Service Providers and inform them of follow- up due dates for each participant at their 30, 60, ls` 2"d 3rd and 4~h quarter follow-up. The Service Provider will also receive updated charts and data informing them of how they are doing with their WIA Performance Measures individually and as a Network. This will ensure that as a network we stay informed of our planned versus actual goal attainments and that we meet all requirements and measurements. CUSTOMER SATISFACTION Measuring customer satisfaction has always been an integral part of the YSPN program operation. Currently, the SAWC is responsible for monitoring and supporting continuous improvement work teams as well as monitoring and increasing customer satisfaction for the 10 25G-136 entire SAWC. A customer satisfaction survey tool for clients and employers has been developed for those serviced by the SAWC. The SAWC will assist in tailoring a survey for participants under the YSPN. All Service Providers will administer surveys during the life of the program as youth are exited from the program. In addition, all customer satisfaction outcomes will be reported to the Youth Council. The SAWC will create and implement a continuous improvement plan based on the results of the customer satisfaction survey. We are committed to providing exceptional customer services and will strive for continuous improvement utilizing data collected and by sharing this valuable information with all youth Service Providers. FISCAL OVERSIGHT The SAWC is responsible for processing the Service Providers invoices and reimbursement requests. It is the responsibility of the SAWC to ensure that all Service Providers understand that the utilization of WIA funds is to be reasonable, allowable and allocable as required by Office of Management and Budget (OMB) circulars, Code of Federal Regulations, EDD Directives and City of Santa Ana policies. The Fiscal Specialist and Fiscal Liaison provide a mandatory annual training to all Service Providers fiscal staff regarding the necessary requirements for invoicing their program expenses. At this annual training, all Service Provider will receive a YSPN Fiscal Regulations binder with the fiscal regulations and resources necessary for the successful fiscal management of their programs. The Santa Ana WIB is required by federal regulation to conduct a fiscal monitoring of all programs funded by WIA. Onsite monitoring must occur at least once during the program year, must review fiscal records as well as policies and procedures, and provide a written report delineating findings, any needed corrective actions, a timeline for accomplishing the corrective actions and include any follow-up on corrective actions. The SAWC Fiscal Specialist establishes a monitoring schedule for visiting each program operator in the YSPN. During the review, financial records are sampled to ensure accuracy and compliance with federal, state and local regulations. Technical assistance is offered when necessary to establish and maintain accurate accounting procedures. SAWC fiscal staff works with the service provider's fiscal staff to resolve any issues that arise from the monitoring. Written reports are issued indicating findings 11 25G-137 and weaknesses. Staff follows up with the program operators to resolve findings and maintain financial records as required by regulations. FISCAL CAPACITY The SAWC is a part of the City of Santa Ana. All fiscal and procurement operations follow the policies and procedures of the City. As a part of the City's accounting system, the SAWC has various account numbers assigned that relate to specific funding sources. Revenues and expenditures are coded with account numbers relating to those funding sources. Monthly financial statements are produced based on charges to those accounts. The monthly reports indicate the line item budget amounts, expenditures against the budget and the balance remaining for each account and funding program. Accounts Payable YSPN service provider invoices with accompanying documentation are received and reviewed by the Fiscal Liaison for allowable and reasonable expenditures and for completeness of documentation. Any discrepancies are reported back to the Service Provider with requests for additional documentation as needed. After the invoices have been reviewed, they are forwarded to the Fiscal Specialist for final review, assigning of account numbers and approval for payment. The invoices, along with a request for payment, are sent to City Hall for processing. During the payment process at City Hall, the payment amount, payee, invoice number, payment date and account number are entered into the accounting system. (See Attachment C -Invoice Process) General operating costs of the SAWC are processed in a similar manner. Invoices are reviewed by the Fiscal Specialist who assigns the relevant account code based on the chart of account established by the City. The invoices are approved and forwarded for processing and payment. At the end of the month, expense reports are prepared by account and distributed to the various agencies within the City. Payroll As part of the City of Santa Ana, SAWC staff is paid twice a month. Time sheets are completed by all staff indicating functions and programs that have been worked on during that particular 12 25G-138 pay period. That information, with the accompanying account numbers, is entered into the payroll system by the Payroll Specialist. Payroll dollar amounts are posted to the accounting system and are reflected on the monthly financial reports. Procurement The SAWC follows the City of Santa Ana's procurement policies as well as federal and state regulations related to procurement. Purchase requisitions for items over $500 are entered into the accounting system and approved by the finance staff at City Hall. Buyers from the Purchasing Department review the requisitions and issue purchase orders following City policies and procedures. When the goods are received by SAWC, staff compares the goods delivered to the purchase requisition for completeness and accuracy. The purchase order paperwork is approved, signed and returned to the Purchasing department. Payment for the goods is initiated through the Purchasing department following City procedures. ORGANIZATAIONAL STRENGTHS AND STAFF CAPACITY The SAWC brings over 20 years of experience operating various federally, state and locally funded employment and training programs, and has consistently met or exceeded performance expectations. Listed below are some of our organizational strengths. 1. A state recognized, award-winning entity with a proven record in leadership, workforce innovation, service integration and quality services. 2. A One-Stop Center with versatility in its service delivery that is capable of addressing the needs of diverse target populations resulting in the diversification of multiple funding streams. 3. Effectively leverage resources across an extensive network of partner agencies and community organization. Demonstrated fiscal stability and program sustainability over the past 20 years. 4. Exceptional track record in successfully implementing the following programs: WIA Adult, Dislocated Worker, Youth Formula Grants, Rapid Response, National Emergency 13 25G-139 Grants, Governor's 15% discretionary Grants, 25% Grants, DOL Welfare-to-Work Grant, DOL Faith-based Initiative Grant, The Santa Ana Federal Empowerment Corporation funded -Housing and Urban Development Grant -FEZ Daisy Wheel Employment and training Program, DOL -Youth Earmark Grant, the Department of Justice -Weed and Seed Program. 5. Staff is well versed and current in all workforce legislations. Through members in State and national workforce associations, staff has the ability to access timely workforce intelligence as well as any pending legislative changes and to share the information with network service providers. 6. Has a fully developed internal monitoring and performance management system in place. Comprehensive and time-tested policies and procedures manuals are updated regularly. STAFF CAPACITIES: Work Center Coordinator: Has a Master's degree in Educational Administration from Columbia University. Over 26 years of experience overseeing various federally, state and locally funded workforce and economic development programs. Successfully secured and managed over $95 million in workforce funding. Thorough knowledge in performance and cost reimbursement contracting, grants administration, fiscal and program management and program evaluation. The WORK Center Coordinator will provide in-kind contribution to the Service Navigator, the YSPN and the Youth Council. Workforce Specialist III: Has a Bachelor's degree in Sociology from UC Irvine, and over 11 years of experience working in the City of Santa Ana with a special focus on serving the youth population. Managed and oversaw Youth Service Provider Network. Extensive experience in managing performance based programs with diverse populations. Developed and fostered collaborative relationships with youth service providers and community based organizations. Served as an active member of the California Workforce Association Annual Youth Conference Planning Committee. 14 25G-140 Workforce Specialist I: Has a Bachelor's degree from Chapman University. Over 4 years of experience working with youth and young adults in the education and workforce development field. Specializes in community outreach, marketing, eligibility determination, assessment, case management techniques, internal program monitoring, data management, job development and job placement. Senior Administrative Intern -Program: Has a Bachelor's degree in Psychology and is working towards a Master's degree in Education -Postsecondary Administration and Student Affairs. Is currently providing coaching and counseling to youth by performing initial assessments, assisting with resume writing, Internet job search and establishing resumes on CalJobs. Assists in the operation of the Youth Help Desk as well as marketing for the youth programs. Senior Administrative Intern -Fiscal Liaison: Has a Bachelor's degree in Political Science - Urban Studies with a minor in Sociology. Is currently working towards a Master's in Public Administration. Has three years of experience working with non-profit organizations establishing policies and procedures, assisting with development and maintenance of budgets, marketing materials and presentations, strategic planning, and general operations. Is the liaison between youth providers and SAWC for fiscal matters regarding review and payment of invoices, budget revisions and allowable costs. Provides direct communication with Service Providers when there are questioned costs or missing documentation on invoices. Provides technical assistance to Service Providers when needed to establish policies and procedures, proper accounting processes, and fiscal oversight. Fiscal Specialist: Has a Bachelor's degree in Business Administration -Finance. Over 32 years of accounting and budgeting experience, of which 25 years were in budget oversight for various divisions within the City of Santa Ana. 13 years in contract writing, oversight and monitoring for the DOL Employment and Training Administration funded workforce programs. Thoroughly familiar with government accounting and legislative requirements. 15 25G-141 .. _ " f i. _ . _ ~ ~ ._ L _ . _ , Trainingon eligibility protocol is provided by Youth Service Navigator Youth Service Navigator supplies and maintains eligibility forms for all Providers Providers intervie~~ participants and have them fi11 out the eligibility in-take packets Providerssubmitetigbility packets to the Youth Service Navigator foreligit~ility reviev~~ Santa ana Resident and Calculate Income [~eterniir7e Second t3ar-rier assign Eligibilih~ Cate Revievtf in-take s~ackets , ~ „ ,,,.~._~ ,,,,, SaVVC gives a copy of official enrollment forms to Provider 25G-142 Ensure that tt~e youth activities match their needs v,..,N, c.,~.dre a~-„a„~.~,- ~~,~,~-n,~p~ and signs youth documentation and submites to MI5 data center _ tl11S personnel inputs client infornrarion into 1Ta system, stamps forms, and reRirns copies to 5AVVC SaL1~C a Bates a file for each enrolled youth to reference eligibtity documents, h115 paperv~;ork, and data verification. i _ Attachment B Invoice Process Completed invoice received at SAWC ___ Invoice reviewed by Fiscal Liaison Fiscal Liaison contacts youth program operators ~YP~} with questions, concerns, missing documentation 4S Once questions., concerns, documentation are resolved an invoice audit sheet is completed with changes/notes reflected ~~ Fiscal Specialist receives audited invoice and does fina review and makes final approval on allowable costs SAWC staff prepares Direct Payment Voucher (DPV) ~~ r.. DPV is sent to city hall for processing and payment 25G-143 CJ U E V 1 ~m F+-~ O W ~' G.~ 3 ~_ ,"' y ~ G O W G V ~ C cc w 3 ~~~ -~ v ~' 3 ~: Y `(J ^ ~ ~ ~ ~ ~ / ~ ~. G G G ~ ' ~ ~cil "" ~ ~ ~- ~-~ ~ r_ G G • .- CL ~ O ~ +~ ~ G ~ ", G cC o rr G ~ C ,~ n"r I C N . ~ ~ 4=. ~ ~ ~ ~. 'w O U cC Q ~ ~ G cn ~~ ~ U Y r •c ~ 3 ~ y ~ ~"' G ~ U U cC ~ di N ~ N bGU _ ~ U ~ ~ ~ ~ i~ .n ~ v ~ ~ O ~ ~ ~ ~ ~ G ~ ~ ~ ~ o ~ ors '= ~ ~ ' ~ ~ ° >, 3 ' ~ ~ c ~ °_' ~ ~. c °? ~ ~ °' e `~. ~' n, ~ 2 _ _ 0.' ~ , bn ~' ~ .. '° ~ : ~ c, ~ ~ > ~ be ~ e c ? ~ `~ ~ ' ~ °' ~ ti ~ ~ ~ ~ ~. ' ~ ~ .~ a ~.~ .~ s~.. Z ~ O ~ ... ~. E- ~~ c a 3 25G-144 v N U r 4 ~l ~, ~w ~_ I ~. ~i z, Z I O y^ E..w U O. a J ~ i ! . ' ~ _ r- ~ ~ ~ p 3 ~ ~ = p ~ .y ~. C ~ ° ~ o ~ ~ ~ .~ , i I I p ~' ~ ~ ~ S~ 3 ~ o _ .~ ~ ~+_. 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S ~ ~ G ~ v ~ C/] ~ ~ G ~ ce ~ ~ ~ G C ~ ~ X c v_~ d ~ ~ . rn d 3 ~ ~ ~ ~ te. ~, ~ ~ ~ ~ ~ N ~: ~ v ~d = cn d db i .. a.~~0 ~ U .a.. . ~- .. a U ~_ Gi-+ i t~-' (J I ~ y I ~ ~ _ ~ ~ .--~ '. c z v U O ~ N :1. r ~ L/] J C/] d V' U O ~ w ~ 25G-146 r r U i I ~ ~w~ ~' ~~ ~I ~I I v. bU ~ ..- `~ O ~. ~- C ^ cC N L1. ~z 4 ~ ~ ~ o ~. ~~ ~~ r ~ ~ L ~ . ,-.I G~ ~ s.. +'• a3 C/~ te p r G~ ~ G .-. C r . ~.. bA ~ ~ `n ~ U ~ ~ .~ V ~.. ~ ~ ~ U ~ ~ r- ~ S-+ Q~ c4 ' ~ i. t+- ~ z zy ~ti ~~ ^ 3 r V ~/, ~ ~ ~ W, v cG V ~ ~ ~ o ~ X ~ N G ~- ~' G.. W ~ I • ~ ~ ~ N W I z I I 0 0 a 25G-147 Attachment D Youth Navigator Budget Fiscal Year 2008-09 X158,099.00 Salaries $46,112.00 benefits $204,211.00 Total Personnel Costs: Operations: $2;000.00 Communications $3;435.00 Training & Travel X17,550.00 Office Rent X6,455.00 Office Supplies X11,530.00 Office Operations X40,970.00 Tota! Operations Costs: $8,776.00 Indirect Costs X800.00 Supportive Services Total Youth Navigator Budget: $254,757.00 25G-148 Attachment E VOL'TH SERVICE NAVIG.~TOR BUllGET 0~-OG ?~ ARF..=DTI \'>/ Salaries Salaries of ~ 1 ~~,Oy9 for fiscal year 08-09 arc based on staffing of '? FTE and l .0 part time staff and include a 4°%o increase in salaries as of 1u1~ l . ?00~ and a ?.~°~i~ increase in salaries as of _lanuar} l .2009. The salary figure also includes the 8"~o PERS employee portion paid b~~ the Cite of Santa Ana as a retirement benefit. Staff includes: Workforce Specialist III 1.0 FTE «'orkforce Specialist II I .(! FTE Sr. Administrative lnterns I.0 FTE Benefits Benefits of ~46.i 12 are based on the follo~~~ing information: PERS contribution of ~.4°~0 of base salary ~~edicare contribution of 1.4~~~~ of base salar~~ A~ledical retirement contribution of i .~°~~~ of base salar<° (increase from 1 °io for 0 7-08 i V~'or}~ers compensation; contribution of 1.04 t, of-base salary Health benefits increased appro.~imatel~ i 0°.~t from 0%-0~ to U8-09 Contractual Service: Contractual ser~~ices are office overhead costs. v~~hich include but are not limited to telephone and Internet costs. office rent. training and conference costs. advertising. and contractual oblieations. Office Supplies Operating materials and supplies are based on usage for fiscal year 2007-0~ and include printing. meeting expenses. mileage. postage.. etc. 25G-149 Fixed Charles Fixed charges. which include Cate 1=,quipmen? Rental. Insurance. IS Strategic Plan and I7 Support. are assessed b~ the Cite of Santa Ana and the Community Development .Agency Charges are allocated based on staff costs and usage. Indirect cosh are ~.~~°.~o of the full tune and par dine salaries and are budeeted at ~~.?76 for fiscal year ?U0~-09. ?Miscellaneous Supportive services are budeeted at S80Ci for the service navicator. Service providers budget supportive services for their participants in their inditi°idua; budeets. 25G-150 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: MEMORANDUMS OF UNDERSTANDING WITH WORKFORCE INVESTMENT ACT MANDATED PARTNERS ~~ ~~~_ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute Memorandums of Understanding in substantial conformity with the following mandated One-Stop partners: State of California Employment Development Department, Orange County Social Services Agency, Orange County Workforce Investment Board/Senior Community Service Employment Program, Asian American Senior Citizens Service Center, Goodwill Industries of Orange County, State Department of Rehabilitation, Rancho Santiago Community College District/Santa Ana College, Santa Ana Unified School District/Central County Regional Occupational Program, Community Action Partnership of Orange County, Santa Ana One-Stop Center, and the Southern California Indian Center. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting on July 18, 2008, by a vote of 15:0 (Claudio, de Leon, Didion, Dietz, Fischer, Lacroix, Sanchez, Wadhera, Ward absent; and Blank, Chen-Lee, Jimenez-Hami, Martinez, Syed, Ray abstained) the Workforce Investment Board recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute Memorandums of Understanding in substantial conformity with the following mandated One-Stop partners: State of California Employment Development Department, Orange County Social Services Agency, Orange County Workforce Investment Board/Senior Community Service Employment Program, Asian American Senior Citizens Service Center, Goodwill Industries of Orange County, State Department of Rehabilitation, Rancho Santiago Community College District/Santa Ana College, Santa Ana Unified School District/Central County Regional Occupational Program, Community Action Partnership of Orange County, Santa Ana One-Stop Center, Santa Ana Housing Authority, Federal Empowerment Zone, and the Southern California Indian Center. 25H-1 MOUs with WIA Mandated Partners August 18, 2008 Page 2 DISCUSSION The Workforce Investment Act (WIA) requires the Santa Ana Workforce Investment Board (WIB) establish a one-stop delivery system, which is to provide workforce development services for local adults, dislocated workers, youth and employers. The one-stop delivery system is a network of WIA mandated and optional partners who are responsible for providing services for training and employment opportunities authorized by the Act. The City of Santa Ana currently operates the One-Stop Center. The Memorandum of Understanding (MOU) provides for collaboration by all of the one-stop partners and creates a seamless system of service delivery designed to enhance access to the programs' services and improve long term employment outcomes for the individuals receiving services (Exhibit 1). The MOU contains the provisions required by the WIA, which includes services to be provided through the one-stop delivery system; the funding of these services and operating costs of the system; and the methods for referring individuals between the one-stop operators and partners. The MOU will be in effect for a period of two years. FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nel n Deputy City Manager for Development Services Community Development Agency CJN/LS/FJ/mlr 080408 MOUs WIA MandatedPartners 25H-2 Memorandum of Understanding (MOU) Pursuant to the Workforce Investment Act of 1998 (WIA) 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Investment Board (WIB), and several agencies (having signed Attachment "A", "One- Stop Partner Commitment" and, if physically located at the One-Stop location, Attachment "B", "Resource Sharing Agreement" and Attachment "C", "Memorandum of Operation" if applicable) functioning as "One-Stop Partners" within the Santa Ana One-Stop System (hereinafter referred to as the Santa Ana WORK Center). 2. PURPOSE: The Santa Ana WORK Center, through its central location at the Santa Ana Regional Transportation Center, 1000 E. Santa Ana Blvd., and its satellite facilities, shall provide and/or coordinate workforce investment services to individuals, providing them with the necessary skills to participate in building a world-class workforce in Santa Ana. Services and referrals provided at the Santa Ana WORK Center may include, but are not limited to, the following: • Eligibility determination • Outreach, intake and orientation to services available • Initial assessment of skills, aptitudes, abilities and supportive services • Job search and placement assistance, career counseling • Provision of employment data and labor market information • Provision of performance information • Employment referral • Provision of support and follow-up services • Identification of skills required to be competitive in the local labor market • Filing for Unemployment Insurance claims • Access to CalJobs for Labor Exchange services • Help in establishing eligibility for Ca1WORKS and financial aid • Occupational skills training • On-the job training • Workplace learning with classroom training • Skills upgrading and retraining • Entrepreneurial training • Job readiness training • Adult education and literacy • Services for persons with disabilities • Serve mature workers by operating as a specialized recruitment arm for One-Stop Partners working collaboratively to connect mature workers to employers with labor shortages • Customized training for employment with specific employer HH~~~s}~1 LJ~~J1 • Employer services, including: job listing; job matching; candidate screening and testing; outplacement services; job analysis; and, information on available tax credits, business development planning and labor market trends. 3. DURATION: (a) This MOU shall become effective on , 2008 and terminate on 2010 or earlier if terminated by the repeal of the Workforce Investment Act of 1998 (WIA). (b) This MOU is of no force or effect until signed by authorized representatives of the participating agencies, and approved by the Chief Local Elected Official or his/her designee. The MOU, once signed, becomes part of the local WIA Plan. (c) This MOU may be extended by written agreement between the LWIB and the One-Stop Partner provided such agreement is signed by both entities, prior to the termination date of this Agreement, and contains the following: (1) A statement of intent to continue all provisions of the MOU; (2) Revised effective and termination dates; (3) Revised Attachment Aand/or B, as appropriate; (4) Dated signatures of the Administrator of the partner agency and the Chief Elected Official of the WIB. (d) Any party may withdraw from this MOU by giving written notice of intent to withdraw at least 30 calendar days in advance of the effective withdrawal date. If agreed to by all parties, the timeframes for notice may be reduced or extended. Notice of withdrawal shall be given to the WIB at the address listed in the signed attachments of this MOU, and to the contact person so listed, considering any information updates received by the parties pursuant to Section 1. Courtesy notification shall be made to all parties of this MOU in a timely manner. (e) Should any One-Stop Partner withdraw, this MOU shall remain in effect with respect to the other remaining One-Stop Partners. 4. MODIFICATION AND ASSIGNMENT: This MOU may be modified at any time by written agreement of the parties. Assignment of responsibilities under this MOU by any of the parties shall be effective upon written notice to the WIB. Any assignee shall also commit in writing to the terms of this MOU. 5. ONE-STOP SYSTEM DESCRIPTION: The one-stop system description in the local WIA plan, including modifications thereto, is incorporated into this MOU by reference. 2 25H-4 6. CROSS REFERRALS: The One-Stop Partners will adopt common intake/cross referral arrangements, which include, by reference, those listed in the local WIA plan, including modifications thereto. The methods and/or resources utilized may include some or all of the following: cross-training of staff, in-house staff, electronic case management systems, co-enrollments, appointments, e-mail and phone call. 7. CONFIDENTIALITY: The WIB agrees that when any individual applies for or receives services from and the partner agency through the One-Stop Center, all information regarding such application for or receipt of services shall be confidential information subject to the provisions of 34 CFR 361.38. The parties agree to honor the confidentiality provisions as described in the local WIA plan, including modifications thereto, and incorporated into this MOU by reference. Exchanged information shall remain private and confidential in accordance with the most restrictive confidentiality requirements of any of the parties collecting, receiving or sharing information. 8. RESOURCE SHARING: The parties agree to share resources in accordance with the attached Resource Sharing Agreement. It is expressly understood that this MOU does not constitute a binding financial commitment, but rather an intent to commit specific resources in the future as the parties' allocations and budgets are known and the one-stop system evolves. The one-stop system is a work in progress and its costs and the partners' resource contributions will not remain static from month to month or from year to year. The Resource Sharing Agreement is meant to be reviewed yearly and maybe modified as needed by any partner as long as it is identified as a revision, and it is signed and dated by the agency Administrator. 9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Chair of the WIB, who shall place the dispute upon the agenda of its next regular or special meeting of the Board's Executive Committee. The Executive Committee shall attempt to mediate and resolve the dispute. Finally, if the Executive Committee's resolution efforts fail, any party may file a grievance in accordance with the State of California's WIA grievance procedures. The parties agree to be bound by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be borne by the losing party. 10. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 3 25H-5 11. JURISDICTION: Jurisdiction over any disputes under this MOU shall reside in Orange County, California. 12. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees in the performance of this MOU. 13. SIGNAGE & COMMUNICATION OF PARTICIPATION: The Santa Ana WORK Center shall provide wall signage listing the names of current participating partners. Where practical, the Santa Ana WORK Center will list partner agencies on forms and marketing materials distributed to the public. 14. ACCESSIBILITY ASSURANCES AND CERTIFICATIONS: The parties agree to abide by all applicable non-discrimination federal and state laws. The WIB and the One-Stop partners will ensure that policies and procedures established by the WIB and the One-Stop partners are in compliance with the Americans with Disabilities Act (ADA). The Santa Ana WORK Center will assure its services and premises are accessible to persons with disabilities under the requirements of the Americans with Disabilities Act. 15. INSURANCE: The One-Stop Partners agree that their current in force insurance or self-insurance coverage programs shall apply to their operations performed under the Workforce Investment Act and at the WORK Center, including commercial general liability, property damage liability, business personal property, workers' compensation and employee dishonesty/crime coverages. 16. AUTHORITY AND SIGNATURES: The individuals signing this MOU and its attachments, which are incorporated herein by reference, have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. 4 25H-6 THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first written above. FOR THE LOCAL ELECTED OFFICIAL Signature Date Name and Title Address FOR THE SANTA ANA WORKFORCE INVESTMENT BOARD Signature Name and Title Address ONE-STOP PARTNER Date Signature Date Name and Title Address Approved as to Form: JOSEPH W. FLETCHER, City Attorney By: Lisa E. Storck, Assistant City Attorney 5 25H-7 Attachment "A" One-Stop Partner Commitment 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Investment Board (WIB), the and other agencies (identified in the "One-Stop Partner Commitment", Attachments "A" and "B: to this MOU) functioning as "One-Stop Partners" within the Santa Ana One- Stop System (hereinafter referred to as the Santa Ana WORK Center). In addition to accepting the provisions contained in the MOU, the commits to the following: Agency Services to be provided on-site at the Santa Ana WORK Center: Full-time equivalents (FTEs) of Agency Staff Assigned to Santa Ana WORK Center: Hours/days per week Agency Staff Assigned to Santa Ana WORK Center: PERFORMANCE GOALS: Customer Service All on-site, One-Stop Partners shall commit to the following goals for the WORK Center: 1. To conform to a uniform policy of customer service; 2. To develop customer service principles all One-Stop Partners must implement; 3. To implement an on-going system for measuring customer service levels; and, 4. To participate in a task force empowered to oversee, measure and respond to customer service data. 6 25H-8 Attachment "A", Page 2 Quantifiable Service Outcomes AUTHORITY AND SIGNATURES: The individuals signing this MOU and its attachments which are incorporated therein have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. FOR THE (Legal Name of Partner Agency) Signature Date Name and Title Address REVISED 5/08 25H-9 25H-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: RENEW AGREEMENT FOR SEXUAL ASSAULT EVIDENCE COLLECTION CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to renew the agreement with Anaheim Memorial Medical Center for acute sexual assault exams and evidence collection services. DISCUSSION The Police Department uses the services of the Anaheim Memorial Medical Hospital to conduct sexual assault examinations and evidence collection for adult victims and suspects. The costs for services are $715 per victim exam, $110 per victim follow-up examination, and $165 per suspect examination. Results from these tests and evidence collection are necessary for the prosecution of criminal cases. Anaheim Memorial Medical Center performing rape and sexual assault purposes. The Police Department purposes since 1995. FISCAL IMPACT is the only facility in the county examinations of adults for prosecution has utilized their services for these Funds are available in the Police Department's Crimes Against Persons fund (account no. 011-341-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department - _ --_ d Francisco Gutierrez Executive Director Finance & M mt. Services Agency 251-1 .'~# ~~IAL ASE 1~N~~1-~~1.~~ ~~~n~~~~~~~~L Iv~~IC~f~~ ~~,~.~.~~~ Agreement to Provide Service to Santa Ana Police Department for Evidence Collection on Alleged Sexual Assault Victims Anaheim Memorial Medical Center ("AMMC") and Santa Ana Police Department agree as follows: AMMC agrees to provide evidence from rape and sexual assault examinations in regards to criminal related matters. SPECIAL PROVISIONS: 1. Term of Agreement, July 7, 2008 through June 30, 2009. 2. Charge per examination, to be paid by Santa Ana Police Department Seven Hundred Fifteen Dollars ( 715.00 . 3. Charge per victim follow up examination One Hundred Ten Dollars ( 110.00 . 4. Charge per suspect follow up examination One Hundred Sixty Five Dollars { 165..00 . 5. AMMC agrees to provide Santa Ana Police Department approved medical exams to alleged sexual assault and rape victims for evidence. The exam is to include videotaped colposcopic examination and photographs. The colposcopic examination will be conducted by medical personne! who are competent in the use of the equipment and the interpretation of findings. 6. AMMC agrees to provide competent court testimony when required (upon receipt of summons) 7. Ail evidence collected, including video tape of the colposcopic examination, will be relinquished at the conclusion of that examination. Photographs will be available, upon request by investigators. 8. AMMC agrees to make results of and evidence from examination available to Santa Ana Police Department personnel at any time subsequent to the date of examination upon request of summons. 9. By signing this Agreement, AMMC certifies that it does not discriminate in hiring or treatment on the basis of race, color, creed, religion, sex., sexual orientation, age, marital status, national origin., ancestry, physical handicap or medical conditions. 10. This Agreement is not meant to prohibit the Santa Ana Police Department from utilizing the services of other hospitals. ,._Y..: yy.. Agreed to this t ~ " EAeday of July, 2008 Accepted this of July, 2008. Anaheim Memorial Medical Center Santa Ana Police Department 1111 W. La Palma Avenue 60 Civic Center Plaza Anaheim, CA 92801 Santa Ana, CA 91702 Byron Sc ~` eigert~EO By: Anaheim Memorial Medical Center ~ e I _,j'itle: Agreement to Provide Service to Santa Ana Police Department for Evidence Collection on Alleged Sexual Assault Victims Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on of July 2008. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETGHER City Attorney °' Laura Sheedy /~ Assistant City Attorney approved as to form: ,~; Title: __General Counsel, h1HS____ Date: __luly 15, 2008_____________ M:\K1Santa Ana PD Agmt.doc. CITY OF SANTA ANA. DAVID N. REAM City Manager 251-3 251-4 REQUEST FOR -COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: AMENDED JOINT POWERS AGREEMENT FOR INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY _ ~ ,`` / ,~/ " ~'' ~~ i (L ~~__ c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an amended Joint Powers Agreement pertaining to the City of Santa Ana's membership in the Integrated Law & Justice Agency for Orange County. DISCUSSION In 2002, City Council authorized membership of the City of Santa Ana in the Integrated Law & Justice Agency for Orange County (ILJAOC) and the execution of a Joint Powers Agreement (JPA) The purpose of ILJAOC is to improve information sharing and greater efficiency. Membership in the ILJAOC enables Santa Ana to work together with various criminal justice departments and agencies to better access and provide information regarding criminal suspect or offender identity, criminal history and current justice status. Participating agencies have agreed to fund the costs of ILJAOC operations, on a shared basis, through annual budget appropriations. The annual budget includes member agencies' per capita shares of system operations, administrative overhead, and contributions to a capital fund for the eventual replacement of equipment. The amendments are non-substantive in nature, and includes the addition of County Counsel to serve as counsel to ILJAOC. Additionally, this amendment adds the Orange County Sheriff's Department to the sharing of costs for ILJAOC operations. FISCAL IMPACT There 's no fiscal impact associated with this action. W~ Paul M. Walters Chief of Police Police Department 2 5J ~1 AMENpED JGINT RGWERS AGREEMENT FGR INTEGRATED LAW $~ JUSTICE AGENCY FGR GRANGE COUNTY ~1LJAGG~ This Agreement is made and entered into by and between the Ilsted cltleS, ether entities, and County of Orange collectively referred to as "Member Agencies." This Agreement is dated , 2008 for reference purposes. Memlaer Agencies Anaheim Brea Buena Park Costa Mesa Gounty of Qrange Cypress Fountain Valley La Ralma Santa Ana Fullerton Laguna Beach Seal Beach Garden Grove Los Alamitos Superior Courk of CA, Gounty of Orange Huntington Beach Newpork Beach Tustin Irvine 4rartige Westminster La Habra Placentia University of CA, Irvine Police Department RBCITALS WHEREAS, the Member Agencies havQ and possess the power and authorization to finance, organize, and establish a public agency to facilitate the integration and sharing of criminal justice information for the benefrt of the lands and inhabitants within their respective boundaries; and 1 25J-2 WF1ERlYAS, the Member Agencies propose to join together to establish, operate, and maintain an agency for the benefit of their respective lands and inhabitants; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request services for the benefrt of their lands and inhabitants_ NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein the parties hereto agree as follows: PURPOSE '1.01 The purpose of the Integrated Law and Justice Aaency for Orange Oounty 1LJA00), is to cooperate with each Member Agency in the exercise of ' some or all of their powers to establish a separate agency to facilitate the integration and sharing of criminal justice informationldata in the manner set forth in this Agreement. ~ .42 Each Member Agency expressly retains all rights and powers to ~ finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its qwn information system needs, and that are authorized by the laws governing it. This Agreement shall not be interpre#ed, and the ILJAOC created herein, shall not have authority to impair or control an'y of the Member Agencies' respective rights, powers, or title to such equipment, facilities, properties, information, and projects, nor shall any Member Agency be required to provide additional personnel, equipment, or services to the ILJAOC, which are not already a part of the Member Agency's current operational costs, or which requires them td modify their non-ILJAOC systems or services, without their consent and full cost reimbursement from other Member Agencies or other revenue sources. 2 25J-3 1 _Q3 Each Member Agency expressly retains all rights and powers to use ofiher funds or funding sources to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and Control equipment and facilities for their information services. Nothing in this Agreement shall be construed to require a Member Agency (i) to disclose any information that the Member Agency determines, in its sole discretion, it does not have the ability or authority to disclose, or (ii) to do any act that the Member Agency determines, in its sole discretion, is contrary to law or public policy. 1.Q4 The ILJAGC is intended to provide criminal justice and law enforcement officials who have a need and right to know, with comprehensive, timely, and accurate information about a criminal suspect or offender, including identity, Criminal history, and current justice status. In addition, if is intended ta: a) Allow criminal justice practitioners to maintain legacy databases and share only information that has been agreed upon in advance by a majority vote of the ~¢ard or the individual agency affected. b) Reduce redundant document preparation, data entry, transmission, and st~rage- c) Strive to identify and achieve common interests to enhance public safety and due process. d) Maintain Individual privacy rights, preserve protections agencies have for public retards and promote appropriate access controls and security. e) Support the development of effective criminal justice policy in keeping with the objectives of the Orange County Integrated Law & Justice Strategic Plan ("Strategic Plan") adopted by the Orange County Chiefs & Sheriff's Association in April of 2081, and any amendments to that plan as approved by a majority vote of the Board. f) Strive for the compatibility of automated systems and processes among the various components of the Grange County Criminal Justice System. 8 25J-4 g) Acknowledge that each Member Agency is responsible far internal agency security fvr their records, technical support, etc. h) I~eoQgnize that in order to achieve overall success, resources (personnel, software, hardware, etc.}, will be shared willingly and in some cases unequally by the Member Agencies, as long as that cooperation does not adversely impact the mission of the sharing member. i} Allow the Member Agencies to work together to implement the ~ adopted Strategic Plan (and subsequent amendments to that plan), for an Integrated Law & Justice System through the information sharing which will result from that collaborative effort. 1.05 Member Agencies are not required to seek approval from the ILJA4C to purchase, install, or modify their own (non-ILJAOC owned} equipment, services, or work performed in conjunction with any legislative mandatelauthority granted to or requlrQd of Member Agencies in order to cant' out their respective responsibilities. Furthermore, the ILJACC has no power or authority to control, interfere with, or inhibit Member Agencies from conducting their own internal business and/or providing their own (non-ILJA~C owned) resources or services to other entities, which may or may not be members of or served by the ILJAOC. Any changes to software flr additional hardware that have been integrated into a Member Agency's existing infrastructure as part of a requirement to implement the initiatives as approved by the JPA Advisory Board, will become the sole property of that Member Agency, when without those enhancements, the agency could no longer operate their systems independent of the JPA. 1.46 Member Agencies may modify, upgrade, or otherwise alter any of their internal systems or processes without approval of the ILJAOC, as long as those modfications do not inhibit the exchange of offender data and systems implemented and/or funded by the prior action of the 1LJAOC. Notwithstar7ding anything #o the contrary herein, a Member Agency shall have no obligation to seek approval from the ILJAOC for any modification to that Member Agency's intsmal systems or processes that is mandated by the State, or by any law or regulation governing the affected member Agency. a 25J-5 1.47 In gathering and sharing information, and in all other respects in performing acts related to this Agreement, the parties will comply with aN applicable laws, rules, and regulations. CREATION OF THE INTEGRATED LAW ~ JUSTICE AGENCY OF ORANGE COUNTY 2.01 By this Agreement, the Member Agencies hereby create a separate legal entity to be known as the Integrated Law 8~ Justice Agencv of Orange County ' ("ILJAOC°}. The Member Agencies may agree on a different name for the ILJAOC. 2.02 T'he ILJAaC shall possess m its own name and the Member Agencies delegate to it, the following enumerated powers: a) To make and enter into contracts consistent with this Agreement, including, but not limited to, contracts to purchase and/or dispasQ of supplies and equipment to carryout the implementation of the Strategic Plan and any adopted amendments to that plan. b) Ta receive compensation, gifts, Contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity. c} To sue and be sued in its own name. d) To apply for an appropriate grant or grants under any Federal, State, or local programs for assistance in developing any of its programs or providing services to other public entities. e) To appoint committees, adopt rules, regulations, policies, by- laws, and procedures governing thQ operation of the ILJAQG. f) To add Member Agencies to the ILJAOC as approved by the ILJAOC Board and the existing Member Agencies, and 5 25J-6 execute agreements and resolutions consistent with the terms Qf this Agreement. g) To appointlhire officers, employees, or agents. 2.03 Said powers shall be exercised in the manner provided by California law, including, without limitation, the Joint Exercise of Powers provisions of Gavemment Code section 6500, et seq., and, except as expressly set forth herein, the TreasurerlController shall be subject to the restrictions upon the manner of exercising such pow®rs as are imposed upon the Member Agency whose employee or officer is designated as the ILJACC Treasurer/Controller pursuant to section 3.13 below_ The Member Agency's TreasurerlController appointed by the Governing Board steal! serve a minimum three-year term at the discretion of the Board, so as to minimize any disruptions in carrying out his/her responsibilities. 2.04 Except as provided herein, the member agencies agree that all supplies and equipment purchased by the ILJAOC shall be owned and controlled ay the 1LJAOC as its sole and separate property and not as property of any Member Agency. 2.05 The ILJAOC shall operate as a separate legal entity and incur debt, separate and apart from the Member Agencies, and that its debts, obligations, and liabilities are its own and not that of the Member Agencies, except as specifically provided for herein. III ORGANIZATION 3.0'l The membership of the ILJAQC shall be the original Member Agencies, and any additional Agencies as approved ay the Members which have executed this Agreement, and any subsequent amendments thereto, and that have not withdrawn from the 1LJADG. s 25J-7 3.bZ T'he ILJAOG shall be gavemed by a Board consisting of six (6) Member Police Chiefs each elected for athree-year term by the Orange County ' Chiefs' & Sheriffs Association along with one designated altemate, to represent those Member Agencies with Police Departments. Ih addition to the Police Chief representatives, other voting members will be the Sheriff, District Attorney, Chief Probation Officer, Pubtic Defender, (1 } repre$entative from the County Executive's I~ Office who will serve at the CEO's pleasure, Presiding Judge of the Orange County ', Superior Court, the Chief Executive Officer of the Court, and three (3}City Manager representatives elected for three-year terms by the Orange County City Managers Association, with at least one (~) of those representatives being from a "contract city" in the County. Each Board member, or in the absence of a Board member, an ~ altemate designated in advance by each said Board Member, shall have one vote on all matters before the Board. Such alternate members may be replaced from time to time at the appointing Board Member's discretion. All Board Members may be removed without cause by their respective appointing authorities_ 3.Q3 Each voting Board member shall hold office until a successor is selected, elected, hired or appointed, as the case may be, under the powers of this Agreement and each Member Agency. The term of a Board member or altemate (both voting and non-voting) who is a public official or employee of a Member Agency shall tQrminate upon such Board Member leaving his or her position with the Member Agency. The vacancy of such a member who has lest his or her position shall automatically be filled by selection, election, br appointment, as the case may be; according to the selection process adopted by this Agreement and the Member Agency whose representative has left his or her position. 3.04 Board members and alternates shall not receive compensation far their service on the 1LJAOC Board, but may be reimbursed by the ILJAQC for reasonable expenses incurred in conducting the business of the ILJAOC, as provided in this Agreement, when the expenses are not paid or reimbursed by the employing Member Agencies. 7 25J-8 3.0~ The principal office of the 14,JA4~ shall be established fay the Board and shall be located within the County of Qrange_ The Board may change the principal office from one location to another within the County of Orange. Any change of address shall be noted by the Board but shall not be considered an amendment to this Agreement. 3.Ob The Board shall meet at a location as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board. A copy of such resolution shall be furnished to the Member Agencies. All meetings of the Board, including regular, adjourned, and special meetings, shall be called and held in a manrtier a$ provided fn the Ralph M. Brown Act, Chapter 9, Qivision 2, Title 5 of the California Government Code commencing with section 5495Q et seq., as amended. 3.07 All of the powers and authority of the ILJAOC shell be exercised by the Board unless specifically delegated to the extenf permitted by law or reserved to the Member Agencies under this Agreement_ Unless otherwise provided herein, each Board Member shall be entitled to one (1) vote. Except as otherwise provided herein, a majority of the full membership of the Board or their alternate present at a properly noticed meeting, shall constitute a quorum for purposes of transacting business. A majority vote of that quorum may adapt any motion, resolution, or order and take any other action appropriate to carry forward the objectives of the ILJAOC pursuant to this Agreement, with the exception of the adoption of the budget or other appropriations in excess of the adopted budget as outlined in Section 4.04 of this agreement, when a two-thirds majority of the entire membership or their altemate$ is required for approval 3.Q$ The Board shall designate a recording secretary to establish, distribute, and post agenda notices as required by law, keep the minutes of all open meetings of the Board, and cause a copy Qf such minutes to be forwarded to each Member Agency within a reasonable time after each meeting. s 25J-9 3.09 The Board may adopt from time to time policies, Hales, and ~ regulations for the conduct of its administrative affairs and that of the ILJAtiC as may be required and consistent with this Agreement. i 3.10 Where this Agreement requires an approval of a resolution by any Member Agencies in any matter, the approval shall be evidenced by a certifed copy of the resolution or ordinance of the governing body of such Member Agency filed with the ILJAOC. 1t shall be the responsibility of the Board to provide certified copies of said actions. 3.11 On an annual basis, the Board shall elect two Board members to act as Chair and Vice-Chair of the Agency for the purpose of conducting the Board meetings and performing other duties as required. The Vice-Chair may carry out all the duties of the Ghair in hislher absence. 3.12 The Board shall appoint an officer or employee of a Member Agency tc hQld the offices of Treasurer and Controller ("Treasurer/Controller"}, whose duties shall be in conformance with Government Code sections 6505 and 6505.5 and whose salary, if any, Shall be established by the Board. The ~ Treasurer/controller shall also administer all contracts subsequent to the Board's approval and shall contract with a vertified public accountant to make an annual audit ofi fihe accounts and records Qf the ILJAOC as provided in Government Code section 6505. The annual audit shall be submitted to the Board and each Member Agency when completed. The budget, revering a budget cycle set by the Board, shall be prepared by the Treasurer/Controller for the approval by the Board. The 1LJAOG's investment policies shall be the policies of the Member Agency of the TreasurerlController as those may be modified by the Board of the ILJA4C_ The cost of the Treasurer/Controller in carrying Qtat hislher duties, including, with limitation, any outside professional services, shall be reimbursed by the ILJAC?C. 3.13 The Board shall have the power to appointlhire additional officer's. employees, or agents. Any officer, employee, or agent of the ILJAOC wha is an officer, employee, or agent of any of the Member Agencies will continue to be subject to the Member Agency's personnel system. However, the ILJAOC may hire s 25J-10 emp[oyees that are subject to the personnel system of the ILJAQC and said employees would not be employees of any Member Agency- Any person from any Member Agency appointed by the Board to fulfill a staff position with the ILJAQC shall possess appropriate qual'rfications to carry out his or her responsibilities. 3.14 The City Attorneys, County Counsel or their Deputies of the Member Agencies may generally serve as counsel to the ILJAQC, to the extent agreed to by the respective Member Agency and permitted by such waivers of conflicts of interest to authorize such representation as may be executed by such Member Agency and the ILJAQC Board. The specific and ongoing duties of legal counsel to the 1LJAOC may be rotated no less than annually; however, preferably for a term consistent with the TreasurerlController appointment and shall be on a voluntary basis- The assignment of one of those individuals to perform the required duties shall be solicited from the legal counsels of the Member Agencies, and is subject to the final approval of the ILJAQC Board. 3-15 The officers shall perform all duties customary and appropriate to their respective offices and: a) After approval by the ILJA4G ~Qard, the presiding officer shall sign all contracts on behalf Qf the ILJAQC Board. b) The secretary shall perform such duties as assigned by the Board and sha11 keep minutes of the Board meetings. c} The Treasurer/controller shall be b4ncied in the amount to be determined by the Board and the bond fee shall be paid by the ILJAQC. The Treasurer/Controller shall perform the duties as set forth in Sections 3.121 ~.o~, 4.03, 4.04, 4.05, 4.09, A~-10 and 4.11. 3.16 The Board may appoint a I~roject Manager by contract or othenNise to oversee day-to-day operations of the ILJAQC- The Project Manager shall manage the daily operations of the ILJAQC and supervision of any other ILJAQC employees. ~o 25J-11 3.17 All of thQ Privileges and immunities from liability, exemption from laws, ordinances and rules, ail relief, pension, disability, worker's compensation, and other benefits which apply to th® activities or omissions of officials, officers, employees, volunteers, ar agents of any of the Member Agencies when performing their respective functions far their respective Member Agency shall apply to such persons} to the same degree and extent while they are assigned to the ILJAOC to perform and are performing any of the functions and other duties of the ILJAOC pursuant to authority granted by this Agreement. Nane of the officials, officers, agents, volunteers, or employees of a Member Agency appointed to the Board or performing services at the direction of the ILJAOC shall be deemed by reason of their appointment ar service to be employed by any of the other Member Agencies or the ILJAOC ar be subject to any of the requirements of the other Member Agencies. Iv BUDGET AND DISBURSEMENTS 4_Q1 The Board shall adopt a budget for the ensuing fiscal years} pursuant to procedures developed by the Board. At the conclusion of each fiscal year, the Treasurer/Controller shall make a report to the Board regarding the excess qr deficiency of revenues over (or under} expenditures. Such report shall include "budget to actual" comparisons based upon the previously adopted budget. Upan receipt of the report, the Board sha11 determine what extent, if any, unexpended budgetary appropriations shall be re-appropriated or whether any excess of revenues Aver expenditures shall be allocated or expended. 4.02 The Treasurer/Controller shall draw warrants upon the approval and written order of the Board or the BQard's Project Manager. The Baard shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and by-laws adopted by the Board. 11 25J-12 4.0~ All finds received by the Treasurer/Controller for services provided by the ILJAOC, will be placed In object accounts, and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable tb governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Board on a quarterly basis, unless otherwise required by the Board. 4.04 All expenditures within the approved budget shall be made upon the approval of the TreasurerlController in accordance with the rules, policies, and procedures adopted by the Board. No expenditure in excess of those budgeted shall be made without the two-thirds majority approval of the entire Board and the budget shall thereafter be revised and amended. 4.05 The records and accounts of the ILJAOC shall be audited annual{y by an independent certified public accountant and any Cost of the audit shall be '; paid by the ILJACC. The minimum requirements shall be those prescribed by the State Controller under California Government Code section 2fi909 and in cgnfQrmance with generally accepted auditing standards. Copies of such audit report shall ba filed with each Member Agency no later than fifteen {15) days after receipt of said audit by the Board. 4.06 The Member Agencies have agreed by resolution through their respective Governing Authorities to fund on a shared basis, the costs of the ILJADG operations, and Capital in exce~ of any grant funds, through annual budget appropriations. Each Member Agency's agreement to provide such funds in fiscal years after the fiscal year in which this Agreement is executed, is contingent upon appropriation by the governing body of that Member Agency of sufficient funds for that purpose, The subject resolutions shall net limit the authority of each Member Agency to cease appropriations for the 1LJAQC operations as determined by their respective Governing Authorities, provided, however, that a decision to cease appropriations shall be subject to the terms of Section 6.02 below. In addition, where the ILJAOC has an obligation under the terms of this agreement to reimburse a Member Agency for providing personnel, ~z 25J-13 equipment, andlor services to the ILJAOC, the Member Agency providing such personnel, equipment, andlor services may waive its right to reimbursement. When a Member Agency incurs costs eligible for reimbursement under the terms of this agreement, those costs shall include only those, which are not pert of the Member Agency's pre-existing infrastructure/operation, prier td the effective date of this Agreement. They also shall not include overhead charges. Casts for the ILJAOC operations referenced in accordance with Section 4.06 shall be shared as follows: a) Member Agencies wi#h Municipal Police Departments and the Sheriff's Department which serves the unincorporated area of the County as well as their "contract cities" as determined an a per capita basis; an amount not to exceed 130%. b) County of Orange; an amount not to exceed 15°l0. c) The Superior Court of Galifornia, County of Orange; an amount not to exceed 5%. d) The University of California Police Department; an amount not to exceed 1 4.07 The Member Agencies acknowledge and agree that the ILJAOC will act as a conduit for the management, direction, and provision of integrated i services to the Member Agencies and to other public agencies that contract with ILJADC for such services. 4.08 Based on information provided by the Project Manager or other designated representative of the ILJAOC, the Treasurer/Controller shall keep a written account of any services provided to other public agencies by the ILJAOC. All revenues received from other public agencies contracting or receiving services from the ILJA4G far services shall be used to offset the costs incurred by the It,_JAOC. The Governing Board shall determine whether those funds shall be placed in a Capital Reserve or otherwise allocated in the Agency's Budget andlor projected costs to Member Agencies. 13 25J-14 4.09 In establishing rates for services to public agencies, the Board shall assure that the contracts for such services provide far the reimbursement of the actual expenses of providing all services of the ILJAOC, including insurance coverage for the ILJAOC's personnel and equipment. Payment for the ILJAOC services by contracting public agencies shall be made on a monthly basis, or no less frequently than on a quarterly basis (unless paid in advance} to the Treasurer/Controller of the ILJAOC. The Treasurer/Controller shall provide a written monthly account to the Board of all revenues and expenses of the ILJAOC services to other public agencies. I 4.1tJ The ILJAOC budget shall include the provision fora Capital Replacement fund that wil! provide for, among other things, the replacement of the equipment awned and operated by the ILJAOC_ The ILJAOG Board annually shall recommend to the Member Agencies amounts needed for Capital Replacement. The amount of the provision for Capital Replacement in each ILJAOC annual budget ,mill depend on the amounts appropriated by the Member Agencies for such purposes during each fiscal year. Said funds shall be transferred to the ILJAOC monthly by the Member Agencies for deposit in the ILJA~C's l;apital Replacement fund. The actual purchase of new equipment and disposal of unneeded equipment shall be done whenever determined appropriate and justified by the Board. 4.11 All revenues derived from service contracts with other public agencies shall be maintained in a separate revenue account far the ILJAOC. The Treasurer/Controller shall be responsible for accounting fdr all such revenue. The Board shall be responsible for determining the appropriate allocation of such funds as part of the pudget adoption process. 14 25J-15 LIABILITIES 5A'I Except as provided in Section 8.05, the ILJAOC and the Member Agencies agree, to the extent allowed by law, that the Member Agencies shall be fully protected from any loss, injury, liability, damage, clairt'i, lawsuit, cost, or expense arising out of, or in any way related ta, the performance of this Agreement by the ILJAOC. Accordingly, the provisions of this Agreement should be broadly construed in favor of protection for the Member Agencies and interpreted to provide the fullest possible protection to the Member Agencies and Member Agency's officials, officers, agents, volunteers, and employees. ILJAOC acknowledges that the Member Agencies would not have entered into this Agreement in the absence of the commitments of the ILJAOC as specified in this Article V. 5.02 The Member Agencies acknowledge that each Member Agency may be assigning its own personnel #o a cooperative pool of personnel to provide service to the ILJA4C. The ILJAOC shall be solely responsible for and retain all debts, liabilities, and other obligations for all activities of the ILJAOC, and shall maintain sufficient insurance coverage in effect at all times to cover any such claim, lass, liability, or obligation, as recommended by the ILJAOC Risk Manager and approved by the Board. 5.03 Except as provided in Section 8.05, the ILJAOC shall protect, defend, indemnify, and hold free and harmless the Member Agencies and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by 1LJAOC employees or employees of Member Agencies who are performing ILJAOC functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney°s fees and casts, resulting or arising out of or in any way connected with the negligent acts or failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the ILJAOC. In addition, and ~s 25J-16 without limiting the foregoing indemnification obligation, thQ ILJAdC will maintain sufficient insurance coverage in effect at all times as recommended by their Risk Manager, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation. 5.0~ Any contract with anon-member public agency ("non Member Agency°) receiving services pursuant to this Agreement snap include a mutual indemnification provision wherein the non Member Agency and the ILJAOC shall mutually agree to defend and indemnify the other in an amount equal to its proportionate share of liability on a comparative fault basis_ The contract shall also provide: 1) That the indemnity obligation shall exist with respect to any claim, Ions, liability, damage, lawsuit, cost, or expense that arises out of, or is in any way related to, the performance of services pursuant to the contract; and 2} The obligation of the non Member Agency and the ILJAOC pursuant to the indemnification provision will extend, without limitation, to an injury, death, loss, or damage which occurs in the performance of the contract and that is sustained ~ by any third party, any agent, or contractor of the non Member Agency or the ILJAOC. b_Q5 Member Agencies shall be responsible for the continued provision of worker's compensation coverage for the officers or employees of the Member Agencies that are assigned to provide services to the ILJAOC andlar serve as officers or employees of the It-,IAOC. In this regard, each Member Agency shall defend, indemnify, and hold harmless the ILJAOC and any other Member Agencies, and their respective officials officers, employees, contractors, agents, and representatives with respect to any claim, loss, liability, damage, lawsuit, cost, or expense, including attorney's fees and costs, that arises out of, or is in any way related, to any industriallwQrker compensation injury sustained by an officer or employee of the indemnifying Member Agency during the performance of service to the ILJAOC ar the other Member Agencies under this Agreement. 5.1)s ILJAOC shall employ tha principles of sound risk management in its operations. Risks of loss shay be identified, evaluated, and treated in a manner that protects the ILJAOC and each Member Agency from adverse financial 16 25J-17 consequences, This may be accomplished in part through the purchase of apprgpriate oQmmercial insurance. The Risk Manager, or hislher designee, of ane Member Agency shall be designated by the Board, with the consent of the Member Agency, as the "1LJAOC Risk Manager" and shall act in an advisory capacity to the ILJAOC Board to provide guidance in the area of risk management, lass control, insurance procurement, and claims management. The ILJA~C Risk Manager ~, will be responsible for maintaining the original insurance policies and other risk management and insurance documents. During the term of this Agreement, the ILJAQC shall purchase and ' maintain sufficient amounts of commercial insurance coverage at the equally shared cost to the Member Agencies. The types, limits, retention levels, ~ deductibles, policy forms, and carriers providing the above required insurance coverage's shall be recommended by the ILJAOC Risk Manager to the Board for its approval, consistent with this agreement. VI ADMISSION AND WITHDRAWAL OF PARTIES 6,01 Additional public agencies may become Member Agencies of the ILJAOC upon such terms and conditions as are determined by the Board and upon the unanimous consent of the existing Member Agencies as evidenced by approval of resolutions therefore and the execution of a written amendment to this Agreement by all of the Member Agencies, including the additional Member Agency. 6.0~ Member Agencies have the right to withdraw from the ILJADC. Such withdrawals, either voluntarily or involuntarily shall be conditioned as follows: 17 25J-18 a) Involuntary withdrawal shall mean th4$e circumstances wrere a Member Agency must withdraw due to fiscal or budgetary impact of that Member Agency that results in the discontinuance or reduction of the furtd'tng for personnel, services, or equipment by that Merriber Agency. b} In the case of a voluntary withdrawal, written notice shall be given one hundred eighty (180) days prier tc the end of a fiscal year except that such notice requirement may be shortened (i) by unanimous approval of the Board members present at the meeting at which the Board considers shortening the notice requirement., or (ii}upon breach of this Agreement by the iLJA~C or any Member Agency, in which case the withdrawing Member Agency may withdraw effective at any time. i G} Neither voluntary nor involuntary withdrawa! shall relieve the withdrawing Member Agency of its obligations for its proportionate share of any debts or other liabilities incurred by the ILJAOC prior to the effective date of the Member Agency's withdrawal (with the exception of new purchases of capital equipment after the date of the Member Agency's notice of withdrawal}, nor any iiabilities imposed upbrl or incurred by the Member Agency pursuant to this Agreement prior to the effective date of the Member Agency's withdrawal. d) The withdrawing Member Agency shall retain all rights and claims relating to revenues received by the ILJADC during the time period that the Member Agency provided personnel, SeNlceS, ar equipment under the 1LJACC direction. e) The withdrawing Member Agency shall be entitled to remove its personnel and any equipment whose title was not transferred in writing to the ILJADC from the possession and control of the ILJAOC, regardless of the impact on the ILJAOC or its continued operation. + ne w+tnaraw+ny Member Agency may also recover any other equipment no ~a 25J-19 longer needed by the ILJA4G, including equipment it previously transferred to the ILJAdC, according to the terms and conditions determined by the Board in its sole discretion to be fair and equitable. The ILJAOC Board may choose to exempt a Member Agency from any of the listed conditions, taut may not impose any conditions other than those listed. VII TERM{NATIdN AND D{SP~SIT{ON 01= ASSETS 7.01 The ILJAOC shall continue to exist and exercise the powers herein until this Agreement is terminated by a vote of two-thirds of the entire Board; i provided, however, that no termination shall be complete and final until the ILJA4G has satisfactorily disposed of all financial obligations and claims, distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the ILJAOC. 7.02 Termination shall occur upon: a) The written consent Qf all Member Agencies; or b) Upon the withdrawal from the ILJAOC of a sufficient number of the Member Agencies that results in a lack of effectiveness as determined by atwo-thirds vote of the remaining Board Members; and c) Full satisfaction of all outstanding financial obligations of the ILJAOG; and d) All other contractual obligations of the ILJAOC have been satisfied. 7.fl3 In the event of the termination of this Agreement, any funds remaining following the discharge of al! obligations shall be disposed of by returning to each current Member Agency of the lLJAOC immediately prior to the termination of this Agreement, a share of such funds proportionate to the Z9 25J-20 contribution made to the ILJAO~ by said Member Agency, to the extent determined by the hoard in its sole discretion to be fair and equitable. 7.04 Notwithstanding any other provisions of the Agreement, the Member Agencies agree to abide by the following procedure fbr selling of equipment in the event the Agreement is termin$ted. The equipment shall be given a fair market value by an appraiser agreed upon by the Board_ Before the equipment is sold on the open market, the Member Agencies each shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreernertt. If are agreement cannot be reached concerning a purchase of the equipment, then it shall be sold an the open market. Proceeds from the sale of equipment upon termination of the Agreement shall be distributed to the Member Agencies in a manner consistent with the cost-sharing format outlined in Paragraph 4.06 (a}, {b), and (c} of this Agreement, and any modifications to that formula adopted by the Beard. VIII MISCELLANEOUS 8.01 Amendments. This Agreement may be amended with the unanimous approval of all Member Agencies; provided, howevQr, that na amendment may be made that would adversely affect the intQrests of the owners of bonds, letters of credit, or other financial obligations of the ILJA~C. 8.02 Notices_ Any notice ar instrument required to be given or delivered by depositing the same in any United states Post Office, registered or certified, postage prepaid, addressed to the Member Agencies, shall be deemed to have been received by the Member Agency to whom the same is addressed at the 2~ 25J-21 expiration of five {5) days after deposit of the same in the l~nited States Post Office for transmission by registered or certified mail as aforesaid. 8.03 Effective Date. This Agreement shall be effective et such time as this Agreement has been executed by the majority of the voting Member Agencies enumerated in the introduction of this Amended Agreement. 8.04 Conflicts of Interest., ' No official, officer or employee of the ILJAOC or eny Member Agency shall have any financial interest, direct or indirect, in the ILJAOC. Nor shall any such officer or employee participate in any decision relating to the ILJAOC that effects his or her financial int®rests or those of a corporation, partnership, or associatiion in which he or she is directly or indirectly interested, in violation of any State law or regulation. $.b5 Mediation a) Any controversy or claim between any Member Agencies, or between any such Member Agency or Member Agencies and the ILJA4~, with respect to the ILJAOC's operations, or to eny claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by mediation. b) T'he Member Agency desiring to initiate mediation shall give notice of its intention to every other Member Agency and the ILJAOC. Such notice shall designate such other Member Agencies as the initiating Member Agency intends to have bound by any award made therein. c) Each Member Agency involved in the mediation shell bear its own legal casts, including attorney fees. 21 25J-22 8.0$ Partiallnvalidity If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreemen# shall to any extent be adjudged invalid, unenforceable or void far any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, cavenan#s and conditions of this Agreement shall not be affected thereby and ' shall be valid and enforceable to the fullest extent permitted by law. 8.07 Successors This Agreement shell be binding upon and shell inure to the benefit of the successors of the Member Agencies hereto. 8.08 Assignment A Member Agency shall not assign any rights or obligations under this Agreement without the written consent of all other Member Agencies. ' 8.09 Execution The Governing Authorities of the Member Agencies enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively- $.10. Entire Agreement This Agreement, supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said mafiter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the ILJAOC and all Member Agencies. On the effective date of this Agreement, this Agreement supersedes and terminates the "SUPPLEMENTAL AGREEMENT REGARDING COPLINK SERVICES AND INDEMNIFICATION OBLIGATIONS BETIAIEEN THE ~2 25J-23 COUNTY 4F QRANGE AND THE INTEGRATED LAW AND JUSTICE AGENCY F4R Oi~tANGE COUNTY" dated February 6, 2007. Dated: ATTEST: Patricia E. Healy, City Clerk City ofi Santa Ana 11lOM02 Version Rev: 08116!05.12-1Z-05 & 1.22'07, 4-1T-08 V3 CITY QF: Santa Ana By: David N. Ream, City Manager APPROVED AS TO FORM: Joseph W. Fletcher, Gity Attorney ~~ 25J-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: EMPLOYEE GROUP INSURANCE RENEWALS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2id Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements for long term disability, medical, dental, vision, employee assistance and supplemental employee group life and accidental death & dismemberment insurance. DISCUSSION The City's employee group benefit policies, contracts and agreements are renewed annually on January 1. Currently we provide life and accidental death & dismemberment (AD&D) coverage and long term disability (LTD) insurance through AIG Life Insurance Company for full-time employees. We are currently in the second year of a two year rate guarantee for our life insurance agreement with AIG. AIG has agreed to a rate pass on the current LTD and AD&D insurance plan rates through December 31, 2009. Life Insurance Insurance Current Insurance Percent Change Coverage Insurance Rate Renewal Rate Life Insurance $0.15 per $1000 $0.15 per $1000 O.Oo Accidental Death $0.03 per $1000 $0.03 per $1000 O.Oo & Dismemberment 25K-1 Employee Group Insurance Renewals August 18, 2008 Page 2 Long-Term Disability Group Coverage Current Insurance Percent Change Insurance Rate Renewal Rate Management $0.78 per $100 $0.78 per $100 0.0% Employees $10.39 $10.39 O.Oo 130 day wait Employees $15.93 $15.93 O.Oo 60 day wait Dental Plans We are currently in the final year of a two year contract with Delta Dental and the final year of a three year contract with Safeguard Dental. However the contract with United Healthcare Dental is up for renewal and these rates will decrease approximately 20 for employee only coverage and approximately 10% for family coverage and are guaranteed for a period of one year. Type of Coverage United Healthcare United Healthcare Percent Change Current Rate Rate 2009 Employee $26.99 $26.48 -1.90 Employee Plus $58.03 $52.96 -9.6% Family CalPERS Health Program The CalPERS Health Program medical rates will result in an overall premium increase of 4.3 percent for its entire health care package of plans. This increase is 2.3 percent lower than the overall 2008 rate increase and the smallest increase in a decade. There are no changes being made to benefits or co-payments. Basic premiums for Kaiser will increase by 8.2 percent, while the PPO rates will decline slightly. The rates fall well below national projections of nearly 10 percent for 2009 medical costs. 25K-2 Employee Group Insurance Renewals August 18, 2008 Page 3 Plan Employee Only Employee & one Dependent Employee & two or more Dependents Blue Shield Access+ HMO $471.18 $942.36 $1225.07 Blue Shield NetValue $416.49 $832.98 $1082.87 Kaiser $425.11 $850.22 $1105.29 PERSCare $712.71 $1425.42 $1853.05 PERSChoice $458.59 $ 917.18 $1192.33 PERSSelect $430.72 $861.44 $1119.87 PORAC(safety members) $484.00 $906.00 $1151.00 Employee Assistance Program - REACH Employee/Associate Assistance The Employee Assistance Program assists employees and their eligible dependents in handling problems that may be interfering with their performance on the job. Consultation for problems such as alcohol and drug abuse, marital and family problems are available. REACH currently provides services under this program. The terms of the contract will remain the same. The current fee is $1.85 per employee per month based on 1,740 employees. REACH has agreed to renew this contract for a three year period with no increase in fees and a reduced head count of 1,550 employees. Retirees are not included in the annual cost estimates. In addition, the Police Officers Association is not included in the medical, dental or LTD projections and the Firemen's Benevolent Association is not included in the LTD projections, since they maintain their own insurance programs. FISCAL IMPACT The annual cost of each plan may vary depending on changes in the number of employees enrolled during the year. The projected annual costs are calculated using current enrollment as of July 2008. 2008 2009 Difference AIG Life/LTD Insurance Co. $ 279,308 $ 300,548 $ 21,240 Dental Carriers $ 763,402 $ 760,931 -$ 2,471 Ca1PERS Medical $ 9,362,128 $ 9,773,436 $ 411,308 REACH (EAP Provider) $ 41,803 $ 34,410 -$ 7,393 Total Annual Cost $10,446,641 $10,869,325 $ 422,684 25K-3 Employee Group Insurance Renewals August 18, 2008 Page 4 Funds in the amount of $10,869,325 are budgeted and available in the Personnel Services Employee Benefits account (account no. 81-177-6521). APPROVED AS TO FUNDS AND ACCOUNTS: '~~Enrique J. Al a Executive Director Personnel Services Francisco Gutierrez Executive Director Finance & Management Services Agency ~' 25K-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: August 18, 2008 TITLE: AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY It ~~ - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the attached agreement with Charitable Ventures of its relationship with the City and settin responsibilities of each party, subject to approved by the City Manager and City Attorney. DISCUSSION Council to execute the Orange County recognizing g forth the duties and non-substantive changes In December 2005, the City entered into an agreement with the Orange County Community Foundation (OCCF). The OCCF is a non-profit organization established to administer donations and grants to meet the needs of the Orange County community. The Grants for Parks fund was established with OCCF to expand and improve parks and recreation programs and projects with the assistance of donations from private individuals and organizations. Recently OCCF notified the City that it would no longer manage the Grants for Parks fund due to the increased volume of activity requiring administrative support. OCCF recommended that the City's fund be transferred to Charitable Ventures of Orange County (CVOC), a non-profit agency established in 2007. In staff's communication with CVOC, the staff there has indicated that the large volume of work generated by the City's fundraising events would pose no problem. The City desires to contract with CVOC to establish a non-endowed Agency Fund. CVOC's purpose is to provide resources and support services to charitable ventures and projects in Orange County. The company has appropriate staff available to meet the fundraising needs of the City and provide the level of service required for the Parks, Recreation and Community Services Agency's large volume of projects. The funds received by CVOC would then be distributed to the City to benefit parks and recreation programs and projects in Santa Ana. 25L-1 Agreement with Charitable Ventures of Orange County August 18, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with the proposed action. Gerardo Moue, Executive Director Parks, Recreation and Community Services Agency 25L-2 CharitableVentures of ©rang~ County FISCAL SPONSORSHIP AGREEMENT BETWEEN CHARITABLE VENTURES OF ORANGE COUNTY AND THE CITY OF SANTA ANA This Agreement, made this 4`h day of August, 2008, by and between Charitable Ventures of Orange County, (hereinafter referred to as "CVOC"), a California nonprofit public benefit corporation located in Santa Ana, California, qualified as exempt form federal income tax under ~501(c)(3) of the Internal Revenue Code, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the state of California (hereinafter referred to as the "City"). RECITALS: A. The City has established the Grants for Parks Program ("Program") to expand and improve upon existing parks and recreation programs and projects with the assistance of private individuals and organizations. B. CVOC desires to act as the fiscal sponsor of the Program, by receiving assets and incurring liabilities identified with the Program and using them to continue normal operation of the Program, while allowing individuals, businesses and community foundations to donate their gifts directly to anon-profit incorporated under Section 501(c)(3) of the Internal Revenue Code for Program purposes. THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby agree as follows: 1. Term of Agreement: On -(Effective Date) , 200_, CVOC shall assume operation of the Project, which operation shall continued in effect for five (5) years, unless earlier terminated pursuant to Paragraph 7 below. 2. Creation of Fund/Variance Power. Pursuant to the terms of this Agreement, CVOC shall create a `Grants for Parks' restricted fund ("the Fund") to receive donations of cash and other property earmarked for support of the Program, and to make disbursements in furtherance of the Program. Beginning on the effective date, CVOC shall place all gifts, grants, contributions, and other revenues received by CVOC and identified with the Program into the Fund to be used for the sole benefit of the Program mission as that mission may be defined by the City from time to time with the approval of CVOC. CVOC retains the unilateral right to spend such funds so as to accomplish the purposes of the Program as nearly as possible with CVOC's sole judgment, subject to any donor-imposed restrictions, as to purpose, on the charitable use of such assets. The parties agree that all money and the fair market value of all property in the restricted fund shall be reported 2101 EAST FOURTH STREET, SUITE 1808 • SANTA ANA, CA • 92705 714.647.0900 (PHONE) • (714) 647-0901 (FAX) WWIN.CHARITABLEVENTURESOC.ORG • INFO@CHARITABLEVENTURESOC.ORG 25L-3 as the income of CVOC, for both tax purposes and for purposes of CVOC's financial statements. It is the intent of the parties that this Agreement be interpreted to provide CVOC with variance powers necessary to enable CVOC to treat the restricted fund as CVOC's assets in accordance with Interpretation No. 42 of Statement No. 116 issued by the Financial Accounting Standards Board, while this Agreement is in effect. 3. Program Activities and Sponsorship Policies. CVOC shall hold, manage, invest and reinvest the Fund, shall collect the income and shall pay and disburse the net income and principal for public educational and charitable uses and purposes. All community programs, public information work, fundraising events, processing and acknowledgment of cash and non-cash revenue items, accounts payable and receivable, negotiation of leases and contracts, disbursement of Program funds (including grants), and other activities related to the Program, shall be the ultimate responsibility of CVOC and shall be conducted in the name of CVOC, beginning on the Effective Date. Unless otherwise agreed, and subject to their consent, all personnel to be compensated for working on the Program shall become at-will employees of CVOC on the Effective Date, and shall be subject to the same personnel policies and benefits as are required by law to apply to all employees of CVOC. Unless otherwise agreed, any tangible or intangible property, including intellectual property, such as copyrights, obtained or created in connection with the Program shall be the property of CVOC while this Agreement is in effect. CVOC shall grant to City aroyalty- free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce and use any and all such tangible, intangible and/or intellectual property. Authority to manage the activities of the Program is delegated to the City, subject at all times to the ultimate direction and control of the CVOC Board of Directors. The City shall abide by the Sponsorship Policies of CVOC as set forth on the attached Exhibit I, which may be amended from time to time with the consent of the City, and which include administration fees, as set forth in attached Exhibit 2, to be paid to the general fund of CVOC from the restricted fund described in Paragraphs 2, and 4 herein. 4. Restricted Fund Management /Performance of Charitable Purposes: All of the assets received by CVOC under the terms of this Agreement shall be devoted to the purposes of the Program, within the tax-exempt purposes of CVOC. No item of revenue shall be earmarked to be used in any attempt to influence legislation within the meaning of IRC Section 501 (c) (3); no agreement, oral or written, to that effect shall be made between CVOC and any revenue source. CVOC shall not use any portion of the assets to participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office, to induce or encourage violations of law or public policy, to cause any private inurement or improper private benefit to occur, nor to take any other action inconsistent with IRC Section 501(c)(3). 5. Reporting. CVOC will provide reports to the City quarterly. As part of its regularly scheduled distribution of statements, CVOC will provide the City with a global annual audit and detailed reports insofar as they relate to the money or property transferred to CVOC and distributed by CVOC on behalf of the City. Any separate audit of the Fund and Program will be at the City's cost and expense. 6. Advisory Committee. The Executive Director of Santa Ana's Park's Recreation and Community Services Agency will advise CVOC on the distribution for City parks related projects. If no advisors are able and willing to act, CVOC shall make decisions without advisors. As required by CVOC Fiscal Sponsorship Agreement 2 25L-4 Internal Revenue Service regulations, the CVOC Board of Governors must retain final authority and responsibility for determining distributions from the Fund. 7. Termination. This Agreement shall terminate when the objectives of the Program can no longer reasonably be accomplished by CVOC. If the objectives of the Program can still be accomplished, but either the City or CVOC desires to terminate CVOC's fiscal sponsorship of the Program, the following understandings shall apply. Upon such termination any unpaid expenses or unsatisfied contractual obligations of the Program may be paid or reserved fox payment out of the Fund by CVOC. Either CVOC or the City maybe terminate this Agreement on 60 days' written notice to the other party, so long as another nonprofit corporation, which is tax exempt under IRC Section 501(c)(3) and is not classified as a private foundation under Section 509(a) (a Successor), is willing and able to sponsor the Program and is approved by writing by both parties by the end of the 60 day period. If the parties cannot agree on a Successor to sponsor the Program, the City shall have an additiona160 days to find a Successor willing and able to sponsor the Program. If a Successor is found, the balance of assets in CVOC's restricted funds for the Program, together with any other tangible and intangible assets held or liabilities incurred by CVOC in connection with the Program, shall be transferred to the Successor at the end of the notice period or any extension thereof, subject to the approval of any third parties that may be required. If the City has formed a new organization qualified to be a Successor as set forth in this paragraph, such organization shall be eligible to receive all such assets and liabilities so long as such organization has received a determination letter from the Internal Revenue Service, including that such qualifications have been met, no later than the end of the notice period or any extension thereof. If no Successor is found within the 120 day period, CVOC may dispose of the Program's assets and liabilities in any manner consistent with applicable tax and charitable trust laws, ensuring that the funds are used for a purpose as similar as possible to those set forth in this Agreement. Either party to this Agreement may terminate this Agreement, based upon a material breach of this Agreement by the other party, by giving 30 days' written notice to the other party. 8. Conflict of Interest. CVOC covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. CVOC maintains other funds and is not working exclusively for the City in relation to this Program. CVOC maintains the right to sponsor other Funds and Programs. 9. Notice. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6956 CVOC Fiscal Sponsorship Agreement 3 25L-5 With courtesy copies to: Executive Director Parks, Recreation and Community Services City of Santa Ana 888 W. Santa Ana Blvd, Ste 200 P.O. Box 1988 (M-23) Santa Ana, California 92702-1988 telefacsimile (714) 571-4221 To CVOC: Charitable Ventures of Orange County 2101 East Fourth Street, Suite 180B Santa Ana, CA 92705 telefacsimile (714)647-0901 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective ar deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. Entire Agreement: This Agreement constitutes the only agreement, and supercedes all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof. All Exhibits hereto are a material part of this Agreement and are incorporated by reference. This Agreement, including any Exhibits hereto, may not be amended or modified, except in a writing signed by all parties to this Agreement. 11. Turisdiction/Venue. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 12. Miscellaneous. a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. All approvals referenced herein must be in writing. CVOC Fiscal Sponsorship Agreement 4 25L-6 d. In the event of any controversy, claim, or dispute between the parties arising out of or related to this Agreement, or the alleged breach thereof, the prevailing party shall, in addition to any other relief, be entitled to recover its reasonable attorneys' fees and costs of sustaining its position. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA: DAVID N. REAM City Manager CHARITABLE VENTURES OF ORANGE COUNTY By: Anne Olin Title: President CVOC Fiscal Sponsorship Agreement 5 25L-7 EXHIBIT 1 PROGRAM SPONSORSHIP GUIDELINES FOR NON-PROFIT 501(C)(3) ORGANIZATIONS 1. As of the Effective Date of this Agreement, CVOC lends its tax-exempt status to the Program, meaning that the Program becomes a project of CVOC's, subject to all IRS rules and regulations regarding charitable endeavors. 2. Sponsorship services include the provision of non-profit status to the Program (thus making contributions tax-deductible), the receipting and managing of contributions, and the authorization and payment of grants and expenses from the fund created for the project. Sponsorship services do not include administrative or fundraising support, or financial support except as otherwise provided in Paragraph 5 below. 3. Once this FSA is effective, a restricted fund bearing the Program's name will be established. The Program is then accounted for as: "The Santa Ana Grants for Parks Fund, a program of CVOC", for IRS auditing, financial reporting, marketing, and fundraising purposes. As fiscal sponsor, the fund will be deemed to be a fund of CVOC and CVOC will be legally responsible for the Program's administration, management, and disbursement of funds. 4. CVOC retains the right to approve payments to carry out the purposes of the program. The City may make recommendations for the specific expenditures on behalf of the Program, which CVOC will review, and if approved, will authorize payment. 5. CVOC prepares receipts and acknowledgments for all gifts over $75.00 to the project fund. CVOC will provide quarterly financial reports to the City. CVOC will provide grant submittal and packaging support for all grants submitted under the sponsorship agreement. 6. The City may apply to funding sources under the auspices of CVOC, subject to CVOC's prior written approval, but CVOC is not in any way responsible for actual fundraising or for providing financial support for the project. CVOC must review in advance all fundraising plans and requests for funding. In addition, all copy referencing CVOC to be used in marketing or fundraising must be approved by CVOC. 7. It is requested that the City credit CVOC in publications and news releases or stories. Likewise, CVOC may give the project mention in newsletters and annual reports of CVOC. CVOC Fiscal Sponsorship Agreement g 25L-8 EXHIBIT 2 ~ ~sd~ Monthly Maintenance Fund Balance Fee Up to 9,999 $50 10,000 to 24,999 $100 25,000 to 49,999 $150 50,000 to 99,000 $200 Over 100,000 $250 Administrative Allocation Number of Transactions Fee 1 to 15 $225 16 to 25 $250 26 to 40 $275 41 to 55 $300 56 to 75 $500 Over 75 $750 Maintenance of books Year-end audit Income and disbursement management Financial reporting to board of directors Receipts for tax-deductible donations and grants Issue quarterly financial statements Check processing and issuance for expenses, 19s and 1099s Fee paid end of every month. Tier determined by highest value of Client's checking balance. Fee will be reflected on quarterly report funds transferred automatically. No invoice required. Any checking account transaction Deposit, withdrawal, check generation, etc. Generation of reports (financial. Donor information) Grant review and submittal Receipts sent to donors less than $75, over $75 included with donor deposit transaction 19s and 1099s Check processing Check returned by bank counts as two transactions Administrative consulting and long-term planning Donor Database Management/Reporting Grant and fund development strategic planning * Requires additional contract between client and CVOC, additional fee structure to be negotiated The mission of Charitable Ventures of Orange County is to provide reasonably priced fiscal services to nonprofit initiatives serving Orange County. Charitable Ventures will assess its fee structure on an on- Jgoing basis. Fees are subject to change. FEE SCHEDULE CVOC Fiscal Sponsorship Agreement 25L-9 25L-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: August 18, 2008 TITLE: AGREEMENT WITH DR. SCOTT WELDY TO PROVIDE VETERINARY SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK ~/ CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the attached agreement with Dr. Scott Weldy for the services at the Santa Ana Zoo at Prentice Park for a one-year term, subject to non-substantive City Manager and City Attorney. Council to execute the provision of veterinary in the amount of $68, 000 changes approved by the ~, DISCUSSION The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture and the Association of Zoos and Aquariums (AZA) to provide veterinary services for the collection of animals maintained at the Zoo. Due to the resignation of the Zoo's contract veterinarian the Zoo Manager and Zoo Curator contacted and interviewed veterinarians that had previously expressed interest or had experience in zoo veterinary practice. Four candidates were selected for final interviews. Dr. Scott Weldy was selected as the most qualified candidate. Dr. Weldy has more than 20 years of zoo experience with exotic animal veterinarian medicine. Further, Dr. Weldy has performed satisfactorily for the past ten years as backup vet for the Zoo's contract veterinarian and often filled in as the Zoo veterinarian during the regular contract veterinarian's absence. Dr. Weldy will provide a comprehensive program of preventative and curative medical care for the entire Zoo collection, including the exotic animals. Dr. Weldy will visit Zoo facilities a minimum of 12 hours per week to examine the animals' health and sanitation, and assist with maintaining complete medical history records for each animal in the animal collection. 25M-1 Agreement with Dr. Weldy August 18, 2008 Page 2 FISCAL IMPACT Funds are available in the Santa Ana Zoo at Prentice Park, Other Contractual Services expenditure account (no. 11-247-6291). Approved as to Funds and Account: Gerardo Mouet, Executi e Director Parks, ecreation and Community Services Agency G~~ C i~c~ ,,~jFrancisco Gutierrez, ,,,:~ gJ `Executive Director ~4 Finance and Management Services Agency 25M-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 18`" day of August, 2008 by and between Scott Weldy DVM, DBA Serrano Animal & Bird Hospital (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of veterinary services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide veterinary services to the Santa Ana Zoo at Prentice Park, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. Maximum amount for reimbursable expenses shall be $2000.00. Provided however, the total sum to be expended under this Agreement, shall not exceed $68,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on July 31, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Parks, Recreation and Community Services Agency and the City Attorney. 25M-3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 25M-4 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. 25M-5 Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services Agency City of Santa Ana 888 W. Santa Ana Blvd, Ste 200 Santa Ana, California 92702 telefacsimile (714) 571-4235 and 25M-6 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Scott Weldy, DVM Serrano Animal & Bird Hospital 21771 Lake Forest Dr. # 111 Lake Forest, California 92630 telefacsimile (949) 855-9744 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant 25M-7 compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25M-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager SERRANO ANIMAL AND BIRD HOSPITAL SCOTT WELDY, DVM Owner Tax ID # 25M-9 EXHIBIT A SCOPE OF SERVICES CONTRACTOR' S OBLIGATIONS CONTRACTOR agrees to render veterinary services to CITY at the zoo and in the home practice/place of business on a continuing basis for the duration of this Agreement, including, but not limited to the following: A. Serve as a medical officer for the Zoo facilities and collection. B. Serve as caretaker of drugs, narcotics, and pharmaceutical equipment. CONTRACTOR also will administer or supervise the administration of narcotics, pharmaceuticals, and pharmaceutical equipment to the animals in the Zoo collection. C. Provide a comprehensive program of preventative and curative medical care for the designated animal collection. D. Consult with appropriate zoological and/or human experts and Zoo staff to make recommendations regarding the nutritional and medical needs of the collection. E. Visit the Zoo facilities and examine the animal's health and sanitation on average 12 hours per week. F. Assist the Zoo Curator in establishing and maintaining complete medical history records for each animal in the collection. G. Approve the detailed report of medical treatment administered and other services performed at each visit as prepared by Zoo staff (or by the veterinarian) and sign the zoo vet visit log for the Zoo files. H. Exercise his best professional judgment and practice and make his best efforts to maintain the animals and facilities and advise Zoo staff on maintenance of same so as to insure the best living conditions possible for the collection. I. Provide telephone consultation, advice and prescription instructions on a reasonably unlimited basis, either with staff or other veterinarians employed by CITY. Provide a signature as CITY's consulting/attending veterinarian, for necessary and required certificates, licenses or permits. K. Advise on ordering medicine, supplies or instruments. L. Obtain at his cost, medical malpractice insurance. 25M-10 II CITY OBLIGATIONS In order to assist CONTRACTOR in execution of his responsibilities under this agreement and to enhance the care of the animals in the collection, the CITY agrees to do the following: A. Maintain a pharmaceutical safe for the storage of all controlled drugs and narcotics. B. Maintain a facility for the use in the surgery and/or treatment of the collection with recovery and holding cages and related equipment as necessary at the zoo. C. Provide CONTRACTOR with staff support from Zoo personnel. D. Purchase necessary equipment, biological, drugs, narcotics, pharmaceuticals and/or other medical supplies upon reasonable request of CONTRACTOR. E. Provide staff assistance for the capture and treatment of animals. F. Provide staff treatment of specimens on telephone or written instructions from CONTRACTOR. G. Provide additional veterinarians, where advisable for emergencies and, as necessary, as back-up for the services listed herein. H. Maintain diagnostic or treatment notes filed in our records by backup veterinarians we may employ, for the CONTRACTOR' S review or use. Pay for all outside laboratory expenses incurred as a result of CONTRACTOR'S supervision of animals in the collection. Pay all other expenses necessary for the care of the collection when reasonably recommended by CONTRACTOR and approved by the Executive Director of the Parks, Recreation and Community Services Agency or his designated representative. III. COMPENSATION CONTRACTOR agrees to perform the professional services as set forth herein and CITY agrees to pay CONTRACTOR for all such services at the rate of $65,000 for twelve months for 12 hours per week at the zoo. There will be additional charges at the normal clinic rate for animals taken to Dr. Weldy's place of business and for emergency calls to the zoo after hours. Contract amount not to exceed $68,000.00, which includes $3,000 contingency for materials, supplies and laboratory fees incurred by CONTRACTOR to treat zoo specimens on an emergency basis or taken to CONTRACTOR'S home hospital for treatment. 25M-11 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Clerk of the Council, City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by to Authorized Representative 25M-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: AGREEMENT WITH BUCKNAM & ASSOCIATES FOR PAVEMENT MANAGEMENT CONSULTANT SERVICES i ~~~ CITY MANAGER )MMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER authorize the City Manager and the Clerk of the Council to execute the attached agreement with Bucknam & Associates, subject to non-substantive changed approved by the City Manager and City Attorney, to provide pavement management consultant services for the not to exceed amount of $100,000. DISCUSSION Staff has solicited proposals from consultants to assist in the update of the City's Pavement Management Program (PMP). The PMP is an essential tool in determining the condition of the pavement, the expected life, the recommended improvements, and the associated costs. The program also enables the city to prioritize pavement rehabilitation projects where they are most cost effective. The last comprehensive citywide pavement condition survey of the street network was performed in 2006. Since then, staff has continuously updated the PMP database with recently completed street projects. Due to further deterioration of the street network and in order to accurately forecast pavement maintenance needs, an up to date field survey is necessary. Upon completion of the field survey, the consultant will update the PMP. This new pavement condition data will be incorporated into the City's Geographic Information System (GIS) and will be used for preparing existing condition maps that can be used for the coordination of projects with the City's Capital Improvement Program as well as new development projects. 25N-1 Agreement with Bucknam & Associates for Pavement Management Consultant Services August 18, 2008 Page 2 Qualified firms were contacted and three firms submitted proposals responsive to the RFP. These proposals were evaluated by a review committee from the Public Works Agency to compare the quality of personnel, client satisfaction and rate schedules. The following is an average of the final scores: FIRM RATING 1. Bucknam & Associates 83 2. Vanderhawk 78 3. MACTEC 71 Based on their rating, staff recommends the firm of Bucknam & Associates be retained for the required services in the not-to-exceed amount of $100,000. ENVIRONMLSNTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds to pay for the pavement management services will be charged to the Pavement Management Account No. 032-551-6631. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ 1 James G. Ross Francisco Gutierrez Executive Director Executive Director ~ Public Works Agency Finance & Management Services Agency 25N-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 18`h day of August, 2008 by and between Bucknam & Associates, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of street pavement inventory and assessment. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform services related to the City's Pavement Management Program, as set forth in Consultant's Proposal dated June 13, 2008, attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $100,000.00 during the term of this Agreement. Said total sum includes a contingency for additional work which may be authorized by the Executive Director of the Public Works Agency. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below. 25N-3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 25N-4 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of 25N-5 like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana Attn: Design Engineering 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 25N-6 To Consultant: Bucknam & Associates, Inc. Mr. Peter Bucknam 30131 Town Center Drive, Suite 295 Laguna Niguel, California 92677 telefacsimile 949-363-6505 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 25N-7 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25N-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager BUCKNAM & ASSOCIATES, INC. PETER J. BUCKNAM Vice President Tax ID# 25N-9 EXHIBIT A PROPOSAL FOR THE 2008 UPDATE TO THE CITY OF SANTA ANA'S STREET PAVEMENT INVENTORY AND ASSESSMENT STUDY 25N-10 EXHIBIT B FEE PROPOSAL 25N-11 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # . Issued to this endorsement form as a part of Named Insured Countersigned by to Authorized Representative 25N-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: PURCHASE AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT 06- 1500) CITY MANAGER C D ACTIO ~,ithorize the City Manager and Clerk attached agreement with Deutsche Bank of the property located at 1239 W. $235,000, subject to non-substantiv Manager and City Attorney. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER of the Council to execute the National Trust for the purchase Raymar Street in the amount of e changes approved by the City On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue to Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of the entire property listed above is required (Exhibit 1). The property was acquired by the bank through a foreclosure. The structure is vacant and the price of $235,000 reflects a distressed sale. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 250-1 Purchase Agreement For Bristol Street Corridor August 18, 2008 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~~ _ ~~ ~,~F'rancisco Gutierrez ~ Executive Director Finance & Mgmt. Services Agency 250-2 T z J w O U w I•. . ,,,•,• ,... ,;•;•; ,,.,.,. ,... :::: ® Y ----------~ ~ Lzzl ! 9zz/ i 9zzl i i 6~z/ ~ ---- ------------------r- ~ -----------------~--- r- ----------~ ~ ~ ~ r~'zl 0~'z/ ~ o~zr ; I ~'t~zl ~ i I -------------- - - ~ ------------------G--- r -__-_--___ I _{ __________________ ~ 5~z, 6~'zl i Lbzl i --------- r- ~ l5zr ~ ~ ---------- ~ i z~z/ ~--- SSZI ~ ! ~'i~zr ~ , ~ i I -------~ i -------------~---------- -----------1- I i 1S ~O1SIa8 ~ _ - -----~-------~ io~'l ~ N '~ oo~r zo~l ~ ~- ------------- r------ i ~ i 90~'l ~ 50~'r ----1-----/ I ~ ------------1 __ _~ r-__ ~ ~ oral soar i I - ------ ; j--- ~- ~ roil , - ~--- --1 j 90f I --------- , i ~0~'1 I - ~ i ' 0/~'r ; 60£'I I j W ac ~ ~0 wpm U'~ W O E- a~w cWn~O a0o~ U~~ ~~ ~m U Q U z ~~(~7 QQ Z Q Q H Z ~ u N PURCHASE AND SALE AGREEMENT AND BILATERAL ESCROW INSTRUCTIONS FOR ACQUISITION OF REAL PROPERTY (Residential) THIS AGREEMENT (hereinafter "PSA"), entered into on 2007, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Deutsche Bank National Trust (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this Agreement, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter "Said Real Property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1239 Raymar, Santa Ana, CA) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Convevance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, at the office of First American Title Insurance Company, located at 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this PSA. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (including any and all leases), liens, clouds or defects in title, except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said Real Property shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (including any and all leases), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of title to Said Real Property to City, within the time and at the place hereinabove specified, a policy of title insurance to be issued by the above mentioned title insurance company, with the City therein named as the insured, in the amount of TWO HUNDRED THIRTY FIVE THOUSAND DOLLARS ($235,000) insuring that title to Said Real Property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances Page 1 of 8 Seller's Initials 250-4 (including any and all leases), liens, clouds or defects in title, excepting those indicated in Paragraph 15. Acceptance by City of any such policy of title insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this PSA. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company (hereinafter "Escrow Agent")„ located at 2 First American Way, Santa Ana, California, within five (5) days from and after the date on which the City has approved this PSA. This PSA constitutes the bi-lateral escrow instructions of the City and the Seller and a duplicate original of this PSA shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow is to close within 30 days of the City's execution of this PSA. The Escrow Agent hereby is empowered to act in accordance with the terms, conditions and provisions of this PSA, and shall carry out its duties as Escrow Agent hereunder upon indicating its written acceptance of this Section 4, and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, delivered to the City and to the Seller within five (5) days after delivery of this PSA. City agrees to pay, and Escrow Agent is hereby authorized to charge to the City, the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. Escrow Agent's liability under this PSA is limited to the performance of obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this PSA. 5. Propertv Taxes. Real property taxes, if any, on Said Real Property for the fiscal year in which Said Real Property is conveyed to City, as are unpaid at the time of said conveyance, shall be cleared and/or paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, including improvements to Said Real Property, and business goodwill, if any, the total sum of TWO HUNDRED THIRTY FIVE THOUSAND DOLLARS ($235,000). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days after the Page 2 of 8 Seller's Initials 250-5 date on which the City has approved this PSA, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying Said Real Property to City; (c) Delivery to City of the policy of title insurance as hereinabove required; (d) Recordation of the Deed conveying Said Real Property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy by Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppels) on a form furnished to Seller by Buyer and to deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month / 360-day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by the present occupants prior to close of escrow. Seller agrees that any and all tenant security deposits pertaining to the subject property collected by or that are in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (oral or written, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs. Assigns, Successors in Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon Said Real Property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that the purchase price indicated in section 6, above, is just compensation at fair market value for Said Real Property, including all improvements to Said Real Property, and business goodwill, if any. Page 3 of 8 Seller's Initials 250-6 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: Prudential California Realty Attn: Thomas McAleer 2405 Mc Cabe Way #100 Santa Ana, CA 92614 15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE 16. Entire Agreement. It is mutually agreed that the Parties hereto have set forth herein the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1 31 7), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et sea. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et sea. (42 U.S.C. 59601). Page 4 of 8 Seller's Initials 250-7 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingencv. It is understood and agreed between the Parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent shall constitute acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. Page 5 of 8 Seller's Initials 250-8 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to e~l~ ~ctl~Rerms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. The Parties have executed this PSA as of the date written below. SELLER: CITY /BUYER: CITY OF SANTA ANA By: Date: , 2008 BY: Date: , 2008 Deutsche Bank National Trust David N. Ream City Manager By: Date: ,2008 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Date: , 2008 Jose Sandoval Chief Assistant City Attorney ATTEST: Patricia E. Healy Clerk of the Council Date: , 2008 Page 6 of 8 250-9 By: Seller's Initials EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: Assessor's Parcel Number: 010-281-19 Page 7 of 8 Seller's Initials 250-10 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of Escrow Agent's general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which the transferring instrument(s) referred to herein are filed for recordation with the Office of the Orange County Recorder. All prorations shall be made on the basis of a 30-day month / 360-day year. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance, is hereby authorized by the Parties to this transaction. There shall be no prorations of any existing insurance policies in this escrow. Escrow Agent is to furnish a copy of these instructions, including any amendments thereto, closing statements, and/or any other documents deposited in this escrow, to the lender or lenders, the real estate broker or brokers, and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should Escrow Agent, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow; or to the rights of any of the Parties hereto; or about any money or property deposited herein, then Escrow Agent shall have the right to discontinue any or all further acts on its part until such conflict is resolved to its satisfaction, and Escrow Agent shall have the right to commence or defend any action or proceeding for the resolution of such conflict. The Parties to this escrow jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by Escrow Agent in connection with, or arising out of, this escrow including, but without limiting the generality of the foregoing, a suit in interpleader initiated by Escrow Agent. In the event Escrow Agent should file a suit in interpleader, Escrow Agent shall be fully released and discharged from all obligations imposed upon it by this escrow. If for any reason funds are retained or remain in escrow, Escrow Agent shall be entitled to deduct therefrom a reasonable monthly charge of not less than $10.00 per month as an administrative fee. Time is of the essence with regard to the execution of these general escrow instructions. If Escrow Agent is unable to comply with these instructions within the time specified herein, and if additional time as is required to make an examination of the official records, Escrow Agent shall return all documents, money, or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment or supplement to these instructions must be in writing, signed by all Parties to this transaction. These escrow instructions, and any amendments thereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page 8 of 8 Seller's Initials 250-11 250-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: COOPERATIVE AGREEMENT FOR BUILDING REPAIRS AND PEST CONTROL SERVICES AT GRAND CENTRAL ARTS CENTER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and attached Cooperative Agreement the City of Santa Ana (Agency) substantive changes approved by DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2`"' Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER the Clerk of the Council to execute the with the Community Redevelopment Agency of in the amount of $35,000, subject to non- the City Manager and City Attorney. The 1924 Grand Central Arts Center building, home of California State University, Fullerton Graduate Arts Program, was completely remodeled and opened in 1999. There are 27 studio apartments, three art galleries, a live performance theater, classroom space and the Gypsy Den Restaurant. The building, which is located on the southeast corner of Broadway and Second Street, required an emergency building repair (completed in January 2008) and is in need of termite treatment to preserve the integrity of this historic building. In January of this year, for safety reasons, an emergency repair had to be done to one of the parapet walls of the building to prevent water intrusion and a new sheet metal cap matching the other parapet caps was installed. The termite treatment required will consist of complete subterranean treatment of basement foundations, bora-care treatment of basement ceiling floorboards, bora-care treatment of all 27 studio apartment attics, local treatment of drywood termites on the exterior and additional services as needed. This specific termite treatment will provide the least impact for the occupants of the building. 25P-1 Cooperative Agreement Grand Central Arts Center August 18, 2008 Page 2 FISCAL IMPACT Funds are available in the Merged Capital Improvements account (account no. 570-936-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN/GL/mlr 081808 CoopAgreementGrandCentralArtsCenter k ~ - Francisco Gutierrez ~~ b Executive Director Finance & Management Services Agency 25P-2 COOPERATIVE AGREEMENT FOR THE PUBLIC IMPROVEMENTS AT THE GRAND CENTRAL ARTS CENTER BUILDING THIS AGREEMENT is entered into this day of , 2008, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City"). WITNES SETH A. The Agency is undertaking certain activities necessary for the execution of the City of Santa Ana redevelopment projects (the "Projects") under the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to the redevelopment plans for the Projects. B. The Agency desires to contract with the City for the City to provide for the emergency building repair (performed in January 2008) and pest control at the Grand Central Arts Center Building in order to repair the building and treat the building for termites and termite related damage. These repairs will keep the building habitable for the occupants of the building which include the California State University, Fullerton Graduate Arts Program, studio apartments, art galleries, classroom space and the Gypsy Den Restaurant. Such work will be referred to hereinafter as "Publicly Owned Improvement" in connection with the Agency's redevelopment activities. C. The Agency is willing in connection with the provision of such Publicly Owned Improvement by the City, to pay for the repair and maintenance of such Publicly Owned Improvement. D. The City has initially paid or will initially pay for said Publicly Owned Improvements on the condition that the Agency contribute to the costs of such rehabilitation and improvement work on said Publicly Owned Improvements. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF WORK The City has caused or shall cause to be rehabilitated the Publicly Owned Improvements in a satisfactory and proper manner pursuant to plans and specifications to be prepared by the City in an amount not to exceed $35,000.00. Said improvements are necessary to repair and maintain the integrity of the building. 1 25P-3 2. COMPENSATION AND METHOD OF PAYMENT The Agency shall pay the City the actual cost incurred by the City for the Publicly Owned Improvement rehabilitation work set forth in Section 1. From the time the City incurs the cost of any particular improvement work subject to this Agreement to the time the Agency reimburses the City for that cost, the amount due to the City for such improvement work shall bear interest at the rate of the average City return on investment, as the same may change from time to time. Except as maybe otherwise provided (1) by separate agreement between the City and the Agency, or (2) by budget appropriations or appropriation adjustments approved by the City and the Agency, the amount to be paid by the Agency hereunder shall be paid in the same fiscal year as the year in which the debts are incurred by the City. 3. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it, or any of its officers, agents or employees bylaw for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that maybe imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made apart hereof as if fully set forth herein. 4. EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect from and after the date of adoption and approval by the City and the Agency pursuant to official action of the governing bodies thereof and shall be effective for a duration not to exceed the time necessary for the City to complete the work and for the Agency to pay the City in full. This Agreement shall apply to all activities carried out by the City as set forth in Section 1 hereto. 2 25P-4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council ATTEST: Patricia E. Healy Secretary APPROVED AS TO FORM: Joseph W. Fletcher City Attorney/Agency General Counsel By: Lisa E. Storck Asst. City Attorney/Asst. Counsel CITY OF SANTA ANA By David N. Ream City Manager COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA by Cynthia J. Nelson Executive Director 3 25P-5 25P-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: AGREEMENT WITH CORRECTIONAL MANAGED CARE MEDICAL CORPORATION FOR INMATE MEDICAL SERVICES V/ CITY MANAGER RECOMMENDED ACTION Authorize the City Manager agreement with Correctional inmate medical services in subject to non-substantive Attorney. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER and the Clerk of the Managed Care Medical an annual amount not changes approved by the Council to execute an Corporation to provide to exceed $1,200,570, City Manager and City On June 20, 2007, the City issued a Request for Proposals (RFP) for inmate medical services at the Santa Ana Jail. These medical services are required and governed by State law, under the California Department of Corrections Title 15 requirements. The RFP specified on-site medical services 24 hours a day, in addition to a doctor on call, for the inmates at the Santa Ana Jail. Medical staff is required to conduct daily sick calls, dispense medication, as well as to assist in the intake of incoming inmates to assess for acceptability. Additional services such as dental care, ophthalmology, OB/Gyn, psychiatric crisis intervention and medical billing services are also required. entrance radiology, emergency Four vendors attended the mandatory pre-bid meeting and two submitted proposals for consideration on July 18, 2007. Staff members of the Police Department's Jail Bureau evaluated both proposals for completeness, experience and expertise in correctional facilities, and demonstrated ability to meet the requirements. The final evaluation scores were as follow: Correctional Managed Care Medical Corporation - 89.0 Correctional Healthcare Management - 83.5 25Q-1 Agreement for Police Department Inmate Medical Services .August 18, 2008 Page 2 The proposal received from Correctional (CMCMC) continues to be responsive to requirements. On August 20, 2007, Counci year agreement with two one-year renewal the second year of the agreement. FISCAL IMPACT Managed Care Medical Corporation the specifications and City's 1 approved entering into a three- options with CMCMC. This would be Funds in the amount of $1,000,475 are available in the Police Department, Detention Services fund (account no. 011-349-6291). Funds in the amount of $200,095 will be included in the FY 09-10 budget. APPROVED AS TO FUNDS AND ACCOUNTS: ~~u~ Paul M. Walters Chief of Police Police Department t~~ ~~ ~ ~~ ~~ . ~: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25Q-2 FIRST AMENDMENT TO AGREEMENT FOR THE PROVISION OF INMATE MEDICAL SERVICES BETWEEN CITY OF SANTA ANA AND CORRECTIONAL MANAGED CARE MEDICAL CORPORATION THIS FIRST AMENDMENT TO AGREEMENT, is entered into this ] 8`h day of August, 2008, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Correctional Managed Care Medical Corporation ("Contractor") RECITALS: A. City and Contractor entered into Agreement #A-2007-193, dated August 20, 2007, for the Provision of Inmate Medical Services, hereinafter referred to as "said Agreement". B. The Parties desire to renew the term of said Agreement for an additional one-year period and approve the maximum obligation to be expended for services during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 1, TERM, shall be extended for an additional one-year period to August 31, 2009. 2. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. The Total Annual Sum to be expended under this Agreement for staffing, pharmaceuticals, supplies and other services shall not exceed $1,120,518.00, during the initial one-year term of said Agreement. During the renewal term, from September 1, 2008 through August 31, 2009 (hereinafter "08/09 Renewal Term"), the total payments for inmate medical services shall not exceed $1,100,570.00. An additional amount up to $100,000.00, shall be available for Additional Services as listed in Section 13 of the RFP, during the Renewal Term. The total sum to be expended under this Agreement shall not exceed $1,200,570.00 during the 08/09 Renewal Term." 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25Q-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the day and year first above written, ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By:6~c, - a--~-~_- Laura Sheedy ~~ ~ Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CORRECTIONAL MANAGED CARE MEDICAL CORPORATION ame) (Title) RNC~BERT.A, !~,"-!:~ 013-' CTOR OF Oi;'1=~~1-`; ;;` 25Q-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: TERMINATE AGREEMENT WITH SOUTHLAND ECONOMIC DEVELOPMENT CORPORATION FOR THE EMPOWERMENT ZONE WORKING CAPITAL LOAN PROGRAM ,~~~~2. CITY MANAGER RECOMMENDED ACTION Terminate the agreement with for the Empowerment Zone understanding that any net accounts receivables would Corporation. Southland Economic Development Corporation Working Capital Loan program with the proceeds from the judgment and any other be returned to the Santa Ana Empowerment SANTA ANA EMPOWERMENT CORPORATION BOARD ACTION At its regular meeting of July 23, 2008, by a vote of 12:0 (Arjonilla, Carricchi, Martinez, Medrano, Price, Rama, Reyna, absent), the Santa Ana Empowerment Corporation Board recommended that the City of Santa Ana terminate its agreement with Southland Economic Development Corporation for the Working Capital Loan program with the understanding that any net proceeds of the judgment, and any other accounts receivables would be returned to the Santa Ana Empowerment Corporation. DISCUSSION On April 19, 1999, prior to the creation of the Santa Ana Empowerment Corporation (SAEC), the City Council authorized the funding of a Working Capital Loan program utilizing Federal Empowerment Zone funds. An agreement for $250,000 was executed by the City with Southland Economic Development Corporation to develop and administer a revolving working capital loan program for businesses located in the Empowerment Zone. Southland drew down $199,357.97 of the $250,000 available pursuant to the agreement for three loans. All but one loan have been repaid in full, and no new loans have been issued since 2004. The loan pool experienced one default. Southland was CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 25R-1 Terminate Agreement with Southland EDC August 18, 2008 Page 2 diligent in its oversight of the loan and eventually filed for, and has received, a judgment from the court against the business and its owner. Due to the lack of activity in this program, staff has met with representatives from Southland and recommends terminating the agreement with the provision that Southland continue to pursue its collection of the outstanding judgment with all net proceeds being returned to the SAEC. FISCAL IMPACT Southland Economic Development Corporation will remit any remaining loan funds, which are estimated to be $40,000 after servicing fees and expenses. Funds will be deposited to account number 129-01-5799. APPROVED AS TO FUNDS AND ACCOUNTS: Cynt a J. Nelson Francisco Gutierrez Deputy City Manager Executive Director for Development Services Finance & Management Services Agency Community Development Agency CJN/LAS/DS/mlr 081808 TerminateContract-SouthlandEDC 25R-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: PAYMENT TO SOUTHERN CALIFORNIA EDISON FOR THE INSTALLATION OF STREET LIGHTS ON BRISTOL STREET FROM McFADDEN AVENUE TO THIRD STREET ~~_ '- / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize a payment to Southern California Edison (SCE) in the amount not to exceed $135,564.16 including a 15~ contingency for unforeseen conditions as a payment for the installation of new street lights on Bristol Street from McFadden Avenue to Third Street. DISCUSSION On June 7, 1993, City Council approved Resolution No. 93-056 to convert the existing overhead utility lines to an underground system along Bristol Street between Warner Avenue and SR-22, Garden Grove Freeway. The undergrounding of the utilities will be coordinated with the widening of Bristol Street from McFadden Avenue to Third Street. SCE will be funding the cost of undergrounding the lines and replacement of existing street lights that are on wood poles through the Rule 20A. Any additional street lights needed for the Bristol corridor will be the responsibility of the City and paid for by the project. SCE has completed the conversion of overhead to underground for the segment between Pine and Third Streets. SCE's schedule for the segment from McFadden to Pine is in the fall of 2008. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 29A-1 Payment to Southern California Edison August 18, 2008 Page 2 FISCAL IMPACT Funds for the proposed acquisitions are available in the Select Street Construction Fund (account no. 59-551-6611, project nos. 1819 and 06- 1500). APPROVED AS TO FUNDS AND ACCOUNTS: vv ~ `~ pc~m~ ~ ~~ ~ ~~ "~~ James G. R s Francisco Gutierre z Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 29A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: MINOR EXCEPTION NO. 2008-01 TO ALLOW A REDUCTION IN THE REQUIRED OFF-STREET PARKING, CONDITIONAL USE PERMIT NO. 2008-10 AND CONDITIONAL USE PERMIT NO. 2008-11 TO ALLOW TWO PROFESSIONAL TRADE SCHOOLS AT 1125 EAST SEVENTEENTH STREET - GARO NAZARIAN, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Minor Exception No. 2008-01 as conditioned, Conditional Use Permit No. 2008-10 as conditioned and Conditional Use Permit No. 2008-11 as conditioned. PLANNING COMMISSION ACTION On July 14, 2008, the Planning Commission adopted a resolution approving Minor Exception No. 2008-O1 as conditioned to allow a reduction in the required off-street parking (Exhibit A), adopted a resolution approving Conditional Use Permit No. 2008-10 as conditioned for Universal Career College (Exhibit B), and adopted a resolution approving Conditional Use Permit No. 2008-11 as conditioned for ATI College (Exhibit C) by a vote of 4:0 (Gartner and Leo absent) to allow two professional trade schools at 1125 East Seventeenth Street, Units E202, E209-E211, E214, N160, N200 and 5200 in the Professional (P) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff reports (Exhibits A-C). FISCAL IMPACT There is no fiscal impact associated with this action. '-,~~i~_- ~-~ Jay Trevino Executive Director Planning & Building Agency CR:rb cr\reports\me08-Olcup08-lOcup08-ll.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 14, 2008 TITLE: PUBLIC HEARING - FILED BY GARO NAZARIAN FOR MINOR EXCEPTION NO. 2008-01 TO ALLOW A REDUCTION IN THE REQUIRED OFF-STREET PARKING FOR TWO TRADE SCHOOLS AT 1125 EAST SEVENTEENTH STREET Prepared by Carlos Rodriguez i Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Man er Adopt a resolution approving Minor Exception No. 2008-01 as conditioned. Zoning Administrator Action Referred Minor Exception No. 2008-O1 to the Planning Commission to be heard in conjunction with Conditional Use Permit Nos. 2008-10 and 2008- 11 at its June 4, 2008 meeting. DISCUSSION Request of Applicant Garo Nazarian, on behalf of North Park Plaza, Inc., is requesting approval of Minor Exception No. 2008-01 to allow a reduction in the required off-street parking requirements for two professional trade schools at 1125 East Seventeenth Street. Property Description The project site is approximately 15 acres in size and is occupied by five free standing buildings with approximately 140,553 square feet of medical office space and a charter school. A total of 847 parking stalls are currently provided on the subject site. The parcel is located within the Professional (P) zoning district and has a General Plan land use designation of Professional (PAO) The site is located on the northeast corner of Lincoln Avenue and Seventeenth Street. Surrounding land uses include residential to the north, and commercial to the south, east and west (Exhibits 1 and 2). EXHIBIT A 31 A-2 Minor Exception No. 2008-01 July 14, 2008 Page 2 Project Description The applicant is proposing to allow two professional trade schools to occupy portions of the existing medical office buildings. Universal Career College and ATI College are proposing both classroom facilities along with administrative offices (Exhibit 3). Universal Career College will occupy units E202, E209, E210, E211 and E214 for a combined square footage of 7,401. Universal Career College will serve approximately 120 students and will operate at various times of the day. Classes will be scheduled from 8:00 a.m. to 3:00 p.m. and from 5:00 p.m. to 9:00 p.m., Monday through Friday. The school is proposing a total of 12 teachers and staff for the school. Students will be using both private cars as well as public transportation to arrive at the school. ATI College will use units N160, N200 and 5200 for a total of 10,197 square feet. The trade school will serve 120 students and classes will be scheduled from 8:00 a.m. to 3:00 p.m. and from 5:00 p.m. to 9:00 p.m., Monday through Friday. Again, students will be using both private cars as well as public transportation to arrive at the school. A combined total of 11,217 square feet of classroom space and 6,381 square feet of administrative office space will be utilized by the two professional trade schools. A total of 108,423 square feet will remain for medical office uses and 4,573 square feet for the charter school. A total of 969 parking spaces are required for the proposed project while only 847 parking spaces are provided on-site. Analysis of the Issues The proposed trade schools are allowed within the Professional (P) zoning district with an approved conditional use permit. The applicant has submitted the application for the conditional use permits that will also be reviewed by the Planning Commission. This minor exception request is to allow the proposed professional trade schools to share the parking with the existing uses. Section 41-1402 of the Santa Ana Municipal Code provides a parking standard for professional trade schools. The requirement for trade schools is one parking space for every 40 square feet of classroom area along with one space for each 333 square feet of office floor area. The total square footage of the two proposed trade schools is 17,598 of which 6,381 square feet is dedicated to office and 11,217 square feet to be used as classrooms. 31 A-3 Minor Exception No. 2008-01 July 14, 2008 Page 3 Based on the City's parking requirement, the proposed trade schools, medical offices and charter school require a total of 969 total parking spaces. Currently, the project site provides a total of 847 total spaces. Therefore, a deficiency of 122 parking spaces is anticipated, which is equivalent to a 13 percent parking reduction for project site. As proposed, the additional parking required for the two trade schools exceeds the amount of parking provided on-site. Section 41-632(3)(8) of the SAMC gives the City the ability to allow a parking reduction through the minor exception process of up to a maximum of 20 percent of the required parking spaces. In addition, Section 41-638.1 (c) allows the possibility of a minor exception provided it can be established that no conflict will arise between parking for one use and parking for another use due to differences in primary utilization of parking spaces between the different tenants. In order to analyze whether or not the existing parking lot would be adequate enough to support the proposed expansion, the applicants prepared a shared parking study. The shared parking analysis was prepared by the traffic engineering firm of RK Engineering Group, Inc. The study was completed using the Urban Land Institute (ULI) shared parking methodology and the Institute of Transportation Engineers parking demand (Exhibit 4). The Shared Parking Analysis for the North Park Plaza office complex was intended to provide an analysis of the parking demand based on the different activity patterns and uses within the center. It reviewed the City's parking requirement for medical offices and trade schools and proposed an alternative demand based on other parking generation factors and/or actual parking usage. Two methodologies were used while conducting the parking analysis. The first methodology utilized the Urban Land Institute (ULI) shared parking concept, while the second performed actual parking lot counts for the existing land uses plus assigned a parking demand for the vacant tenant spaces per the actual code requirements. Both methodologies concluded that sufficient parking was provided to meet the peak and future parking demands of the shopping center. Based on the analysis provided by RK Engineering, Inc., the maximum number of on-site parking spaces expected to be occupied is 829 on January weekdays and weekends. Based on the shared parking concept, a total of two percent of the parking spaces were projected to be unoccupied with a maximum demand based on all uses. In addition, field counts were performed on April 22, 2008 by RK Engineering, Inc., which identified a maximum of 168 stalls occupied during the peak hour. To better evaluate the potential parking demand the traffic engineer took into account 31 A-4 Minor Exception No. 2008-O1 July 14, 2008 Page 4 the proposed trade schools in addition to the parking count and calculated the peak demand as 356 spaces during the day. This second method further concludes that sufficient on-site parking will be available to serve the existing medical offices, existing charter school, and proposed trades schools. Based on the shared parking analysis for the project site, staff is able to verify that the two proposed trade schools will not impact the parking for the existing medical office complex. The proposed uses will continue to allow for a sufficient number of parking spaces to be available for both employees and visitors of the center. The field counts performed for the shared parking analysis additionally indicates that the actual parking spaces that are being occupied are considerably less that what is required by the City's parking code. Lastly, the parking study does not take into account the potential for the students to use alternative transportation methods such as public transportation and carpooling. These additional transportation methods will allow for an additional number of available parking spaces. On June 4, 2008, the Zoning Administrator opened the public hearing for the proposed project. The Zoning Administrator reviewed the project and verified that the combined scope of the project included Conditional Use Permit Nos. 2008-10 and 2008-11. After much discussion, the Zoning Administrator motioned that the items be referred to the Planning Commission for action in order to allow all items to be discussed as one complete project. The Zoning Administrator verbalized that Section 41-641 SAMC allowed the referral of the minor exception request when the proposed project was of such magnitude as to be of special interest to the people of the City of Santa Ana and the Planning Commission. In summary, the issuance of a minor exception will allow a project that will benefit the community by providing additional educational opportunities for residents of the City as well as those within the surrounding communities. Although the existing medical office does not provide the amount of parking required by the City's parking code, the shared parking analysis indicates that the site is able to accommodate the two professional trade schools along with the existing uses at the site. Therefore, staff recommends that the Planning Commission approve Minor Exception No. 2008-O1 as conditioned. 31 A-5 Minor Exception July 14, 2008 Page 5 CEQA Compliance No. 2008-O1 In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. This Class 5 exemption allows minor alterations in land use which do not result in any changes in land use or density. Categorical Exemption Environmental Review No. 2007-04 will be filed for this project. G~-~ ~-~- Carlos Rodriguez Assistant Planner II CR:jm cr\reports\me08-O1 North Park Plaza.pc ~~~~ Verny Carvajal Senior Planner 31 A-6 A7 GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAW INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R7 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN _ ME 08-1 ~ NORTH PLAZA, INC. ~, 1125 EAST SEVENTEENTH STREET - - =SDDFEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICIN~I'TgY}~MAP ~H- ~ 1 J Q U 2 COM. 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According to the City parking code rates, the site would require 969 parking spaces. Table 1 shows the City parking requirements per land use within the site. Currently, there are 847 parking spaces available on site. The owner plans to seek relief from parking standards based on the differences in peak usage hours for the individual uses, which will reduce the demand for parking spaces. 2.2 Shared Parking Analysis RK has used procedures developed by the Urban Land Institute (ULI) from its 2005 publication, titled Shared Parking, Second Edition. This document was recently published and contains the latest procedures and data with respect to parking demand and shared parking. Parking demand rates have been developed in conjunction with the Institute of Transportation Engineers (ITE) to conduct a substantial parking demand survey. A summary of the ULI study is included in Appendix B. The ULI shared parking analysis evaluates the types of land uses, parking rates, monthly variations of parking demand by land use, differences between weekday and weekend parking demand, the hourly distribution of peak arkin demand for each type of land use, and captive versus non-captive parking demand within the project site. RK used the existing and future land uses in determining the project parking demand. Furthermore, each month of the year was evaluated and the peak parking demand for both weekdays and weekends was determined utilizing data contained in the ULI EXHIB~T~A_26 Shared Parking, Second Edition report and the operational characteristics of the proposed land uses within the site. Peak parking demand for each land use at North Park Medical Plaza was estimated using the ULI parking requirements for individual land uses. The parking demand rates utilized in this study are included in Table 2. The City of Santa Ana is permitting an evaluation of mixed-use projects to take into account the different time of peaking between various land uses. The ULI has developed a computer spreadsheet to analyze parking demand at the site. The program that the ULI has developed is consistent with the procedures included in the ULI Shared Parking, Second Edition publication. The following inputs were included within the shared parking computer program for each land use: 1. Peak parking demand by land use for visitors and employees. 2. Hourly variations of parking demand 3. Weekday versus weekend adjustment factor 4. Monthly adjustment factors to account for variations of parking demand over the year The shared parking demand for individual uses takes into account the peak parking characteristics of the medical office building, trade school, and charter school, with respect to their hours of operation. Each of these land uses has different peaking characteristics with respect to time of day and month of the year. The ULI default time-of-day factors have been used for the medical office building. The trade school uses operate at significantly higher levels during the evening hours than during the morning hours. The charter schools operate at full capacity. Adjustments have been made to take into consideration both weekday and weekend peak conditions, based 31 A 2~7 upon the individual types of uses. The latest ULI procedures also separate visitors versus employee parking demand for the medical office building use. The time-of-day factor adjustments for each land use are included in Appendix C. 2.3 Shared Parking Results Since the peak parking demand for each land use occurs at a different hour, and also varies by month and day of the week, the peak parking demand is not solely determined by adding the individual peak parking requirements for each land use. Exhibit C indicates the peak parking demand for weekday conditions, whereas Exhibit D indicates peak parking demand for weekend conditions. Exhibit E indicates a comparison of weekday versus weekend parking demand during the peak hour of the year. As shown on these exhibits, peak parking demand does not occur continually throughout the day and would occur only a couple of times during the individual day. This parking study has performed an analysis for the following conditions: • Existing Plus Future Uses-utilizing City Parking Code Rates (No Shared Parking) • Existing Plus Future Uses-utilizing City Parking Code Rates &ULI Shared Parking Adjustments • Existing Plus Future Uses-utilizing an existing parking survey and adding parking demand based on City Parking Code Rates for future land uses that are currently vacant. A summary for the Shared Parking analysis is shown on Table 8. The computer output datasheets are included in Appendix C. Based upon City parking code rates for existing plus future project conditions, as shown in Table 8, the peak parking demand on weekdays is 829 parking spaces and peak demand on weekends is also 829 parking spaces. North Park Medical Plaza currently provides for a total of 847 parking spaces; based upon this shared parking 312i~-28 analysis, the existing plus future project land accommodated without creating an uses within the site can be overflow parking situation. 31 ~-29 3.0 Parkin Survey In order to verify the peak parking demand for North Park Medical Plaza, RK also conducted parking surveys at the site on Tuesday April 22, 2008. Parking within the site was surveyed between the hours of 8:00 AM and 9:00 PM at one hour intervals to establish the peak parking demand throughout the day. The results of the parking survey were tabulated and are shown in Tables 7. The existing peak parking demand for a typical weekday occurred at 5:00 PM. During this period, a maximum of 168 of the 847 spaces were occupied At the time of the parking survey, all land uses were 100% occupied and in use except for one of the trade schools. This land use's classroom floor area was 36% occupied (4,086 square feet of 11,217 square feet) and its office floor area was 52% occupied (3,315 square feet of 6,381 square feet). As shown on Table 1, the North Building first floor (office - 1,096 square feet), North Building second floor (classroom - 5,639 square feet; office--1,146 square feet), and South Building second floor (classroom - 1,492 square feet; office 824 square feet) are currently vacant, and did not contribute to the parking demand in the survey. As shown on Table 2, based upon the City of Santa Ana parking code, approximately 188 parking spaces would be needed to accommodate the occupancy of the vacant uses within the site. Based upon the parking survey, there are currently excess parking spaces available for the vacant uses during both weekday and weekend peak parking periods. After accounting for the future uses which are currently vacant, the actual peak demand would be 356 spaces during the weekday. This indicates that the projected shared parking analysis is conservative, and more vacant parking spaces would actually be available within the site. 3-1 31 A-30 4.0 Overflow Parkin Based upon the shared parking analysis, the peak parking demand for weekdays and weekends is projected to be 829 parking spaces. North Park Medical Plaza currently has 847 parking spaces; therefore, at least 18 parking spaces (2.1 % vacancy) should be available for any overflow parking needs during peak weekday and weekend conditions. Based upon the existing parking survey and the and City of Santa Ana parking code, approximately 356 parking spaces would be needed to accommodate the occupancy of the existing and future land uses. North Park Medical Plaza currently has 847 parking spaces; therefore, approximately 491 parking spaces (58% vacancy) should be available for any overflow parking needs during peak weekday and weekend conditions. ~ 3'~A-31 7.0 Conclusions N The followin conclusions have been reached with respect to North Park Medical Plaza mixed- 9 use development: 1. The project consists of a mix of uses which are compatible from a shared parking standpoint. Peak parking demand will not occur simultaneously from all of the various uses. 2. Utilizing the shared parking concept, the parking demand for the existing plus future land uses has been estimated to be 829 parking spaces during peak weekday and weekend conditions. The site currently includes a parking supply of 847 spaces. i 3. Utilizing the existing parking survey, the parking demand for the existing plus future land uses has been estimated to be 356 parking spaces during peak weekday conditions. The site currently includes a parking supply of 847 spaces. This indicates that the projected shared parking analysis is conservative, and more vacant parking spaces would actually be available within the site. 4. Based upon the shared parking analysis, the proposed parking demand can be accommodated within the existing parking facility. 5. The project should monitor the peak parking demand periodically to refine parking management operations at the site. 7-1 31 A-32 _____ TABLE 1 Project Land Use Existing Land Use Units Quantity Medical/Dental Office S. F. 108,423 High School (Charter School -Classroom & Office Only) -East Building, Second Floor (South End) -Classroom S.F. 1,308 -Office S. F. 3,265 Existing Land Use Total (School -Classroom & Office Only) S. F. 4,573 Additional Future Land Use Units Quantity Adult Education School/Facility (Trade School -Classroom & Office Only) -North Building, First Floor (Vacant) -Office S.F. 1,096 -North Building, Second Floor (Vacant) -CI assroom S. F. 5,639 -Office S. F. 1,146 -South Building, Second Floor (Vacant) -Classroom S. F. 1,492 -Office S.F. 824 -East Building, Second Floor (North End) (In Use & Operational at Time of Parking Survey) -Classroom S. F. 1,028 -Classroom (Laboratory) S. F. 1,558 -Office 5. F. 390 -East Building, Second Floor (South End) (In Use & Operational at Time of Parking Survey) -Classroom S.F. 1,500 -Office S. F. 2,92 5 Subtotal (Classroom) S.F. 11,217 Subtotal (Office) S.F. 6,381 Additional Future Land Use Total (School -Classroom & Office Only) S. F. 17,598 Existing Plus Additional Future Land Use Units Quantity Medical/Dental Office S.F. 108,423 Adult Education School/Facility (Trade School -Classroom & Office Only) -Classroom -Office S.F. S.F. 11,217 6,381 High School (Charter School -Classroom & Office Only) -Classroom -Office S.F. S. F. 1,308 3,265 Existin & Additional Future Land Use Total (School -Classroom & Office Only) S.F. 22,171 Existing & Additional Future Land Use Total (All Uses -School Classroom/Office & Medical Office Building) S. F. 130,594 ' S.F. =Square Feet j: rktablesV2K6310TB.xls 1N:7036-2008-01 31 A-33 TABLE 2 City of Santa Ana Parking Code Requirements Parking Spaces Existin Land Use Quantit ' Units Parkin Rate1 Re uired Medical/Dental Office S.F. 108,423 6 S /1,000 S.F. 651 High School (Charter School) -Classroom S.F. 1,308 1 Sp/150 S.F. 9 -Office S.F. 3,265 1 Sp/333 S.F. 10 Total 669 Parking Spaces Additional Future Land Use Quantit ' Units Parkin Rate1 Re uired Adult Education SchooVFacility (Trade School) -Classroom S.F. 11,217 1 Sp/40 S.F. 281 -Office S.F. 6,381 1 Sp/333 S.F. 19 Total 300 Parking Spaces Existin Plus Additional Future Land Use Quantit ' Units Parkin Rate' Re uired MedicaVDental Office S.F. 108,423 6 S /1,000 S. F. 651 Adult Education SchooVFacility (Trade School) -Classroom S.F. 11,217 1 Sp/40 S.F. 280 -Office S.F. 6,381 1 S /333 S.F. 19 High School (Charter School) -Classroom S. F. 1,308 1 Sp/150 S.F. 9 -Office S.F. 3,265 1 Sp/333 S.F. 10 Total 969 S.F. =Square Feet Sp =Space j: rktables~RK63107-B.xls IN:2036-2008-01 31 A-34 T } ~ ~ a ~ f rn ~ C h Y ~ a a v ~ d W 0 m ~ t Z of Y ~ a d Q r W C Q 'O = N_ N .7 Y O1 Y A a 0 0 r U N m C q q U c °o m m y N m o ~~ U Oj N O q am u ~_ m ~ ~ ~ A a m C ~ O C 2 0 m O N a o q C °c E~ q O E oo O1o m o~o oo ° ~ ~'~oN '- Wa O `- o ooo r i O N b N aD ° c o ~q c ,ui ~ S °o °o gi°o °o °o So °o gg°o o°o O ¢ ° c ~ , ~ a ~ `m m v m o ~ a ~ ~EoF' _ y 9 X 0 Q N 0 O S S O O 0 0 O O 0 0 N O 1~ S N O O O N O O O O U W R' Oga a O 0 0 ~ 0-0 .--0 0.-0 ~-O ~~ V 9 Q q ~ A E~ E O ao ~'o mo 0o ooo oo ~i^ Neon ~N ~qa W a ~ Q~ o 'O 0 f y 9 g ~ O O 0 0 O O 0 0 O O 0 0 O O 0 0 O O pp 0 0 0 O O 0 0 O pp 0 0 y q Q C ~ ~ ; a ' mmm 0 0 2 m ~ E m ~ _ y V ~ Q o0 N 0 00 0 0 00 0 0 o 0 S inoo f~ O N po O N oo O O Uwe: 0 a 0 0 0 ~ 0 ~ 0 ~ 0 0 ~ 0 ~ 0 ~- ti Sg 55 55 g5 ...,., ~., g5 ~ c~~ c~c~ ~c~ ~c~ ~ ~ >; ~~ ~~ ~~ ~~ ` , „ ~y y ~ O ~ e ~ o° °o NO o° g th0 m °o fp 0 °o S t7 ~ o X 0 0 .-~ 0 o 0 0 00 g o O QtV W Y a W c y0 f m o C ~:~.,r Z W~ 0 S O 00 O O 00 O O 0 O S 000 O 0 0 00 0 0 00 0 0 a 3 0 ~ O 9 9 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ Q 0 0 0 0 0 0 0 0 0 0 0 0 Y L i g L q~ m NS No SS oi o ~o ~u o S$ ci .- ~oo o~ oo SS 6ri r ~ 35 55 g5 55 .. . . , 55 C ~ ~ ~ ~ ~ U U~ C 7 . . ~ C ~ C ~ C . ,. ~ C C U~ C7 ' ` ` J ? ~ CY ~ ~ ~ ~ iY VY ~ ~' ~ [ O }.. q ~ S 0 O 0 0 0 OO 0 0 !~ S tO O O N O O O N O O G 1 ry f U O M O ~ O O O t V S • C~~ o$ A 0 0 o 0 0 o g 0 0 o 0 0 0 0 0 0 0 0 0 0 0 S S q 9 z~z ~- 0 0 ~- 0 o y 3 9 9 ~ Q 0 0 O O 0 0 O O 0 0 O O 0 0 O O 0 0 0 O O O 0 0 O O S O O q A 00 00 fOO p S O Y0100 0~ 0 0 m~ N O t 7 0 f p O t 7 0 ~ O OO O ( V ~ q ~ ~ ~ U U O. Z~ n rv m n ~ o m m N ~ m ~ ~ O_ ~ ~ o Q ~ a ri m A r E O O O O O q v° 2 m _ ~ E ~ U ~ C ~ ~ °o ~ W E LL LL E Cq L J t a m ~ O ~ ~ ~ N U ~ Q 0 o U O m ~ oq u 0 ~ m O NN u 0 ~ m O 0 0 o m O ~ 0 o ro O O ~ y 9 w w N N m u O q W W W W W a J a Q = = ~ j 31 A-35 o b 4 N Y u z TABLE 5 Peak Parking Demand & Available Spaces Summary Peak Parking DemandZ (City of Santa Ana Rates Peak Parking Demand Spaces & ULI Shared Parking Spaces Parking Supply Timeframe City of Santa Ana Rates Available' Adjustments) Available 847 Weekday 969 0 829 18 Weekend 969 0 829 18 ' Parkin Demand Exceeds Parkin Su g g ppy; No Spaces Available Z Peak Month Occurs in January j: rktables/RK6370TB JN:2036-2008-01 31 A-36 TABLE 6 Monthly Peak Parking Demand Month Weekdays4 Weekend4 January -- --------- February 829 z ------------------ 829 z 829 z 829 z -- -- March 829 z g29 z April 829 z __---829 Z _-_._--_ MaY 829 Z 829 z June 829 z 829 Z JufY 797 796 August 797 79g September 829 z g29 z October 8Z9 z 829 z November 829 z 829 z December 829 z g29 z Late December - ------ 829 z ----- --- ------ g29 z Maximum Demand 829 829 Parking Provided 847 847 Number of Total Surplus Spaces 18 18 Percent Total Surplus Spaces3 2.1% 2.1% ' Peak month for weekdays (Demand identical for multiple months) z Peak month for weekends (Demand identical for multiple months) 3 Total Surplus Spaces/Total Parking Provided I:VktablesViK6310T8 1N:2036-2008-01 31 A-37 TABLE 7 Existing Parking Survey -Tuesday (April 22, 2008)' North Park Medical Plaza Time Occupied Spaces 8:00 AM 117 9:00 AM 149 10:00 AM 151 _ 1 1:00 AM 1 63 __ _ _ 12:00 PM 1:00 PM _ ___ _ ___ _ 161 _ _ 158 _ _ _ _ 2:00 PM 3:00 PM _ 163 160 4:00 PM 159 ___ __ _ 5:00 PM 168 6:00 PM 153 7:00 PM 1 18 8:00 PM 75 _ 9:00 PM 44 Maximum Demand 168 Parking Provided 847 Number of Total Surplus Spaces 679 Percent Total Sur lus S aces3 80.2% Parking survey does not include demand from future land uses that are currently vacant (North Building & South Building). z Peak Parking Demand Occurred at 5:00 PM s Total Surplus Spaces/Total Parking Provided I:VktablesVtK6310TB 1N:2036-2008-01 31 A-38 ZONING ADMINISTRATOR HEARING MINUTES JUNE 4, 2008 MINOR EXCEPTION NO. 2008-01 10:38 a.m. Mr. Sergio Klotz, Zoning Administrator, called to order the public hearing in the City Hall Ross Annex Conference Room 2001. Also in attendance were: Garo Nazarian, Applicant; Taghi Shoraka, North Park Plaza; Hasan Bajwa, RK Engineering; Carlos Rodriguez, Assistant Planner 11; Yolanda Pena & Mike McCoy, Police Department; Ryan Hodge, City Attorney; and Jocelyn Magalona, Recording Secretary. Carlos Rodriguez presented the staff report and recommendation. There were no written communications. Mr. Nazarian asked for clarification on Condition 4. Discussion and clarification ensued resulting with the modification of Condition 4. Discussion continued regarding parking and the project process. Since the minor exception for parking was before the Zoning Administrator and the conditional use permits for the school use are scheduled for Planning Commission; Mr. Klotz stated it is difficult to make a decision on half a project and recommended that the minor exception and conditional use permits be reviewed and heard at one time because the actions are related and is of special interest to the people of the City and the Planning Commission. The Zoning Administrator forwarded Minor Exception No. 2008-01 to the Planning Commission to be heard in conjunction with Conditional Use Permit Nos. 2008-10 and 2008-11. The hearing adjourned at 11:06 a.m. ~_~- ~__' ~: Jocelyn agalona Recording Secretary mr\zoning administration\minutes\2008106-04-OS me08-01 31 A-40 KO- 7/10/08 RESOLUTION NO. 2008-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO.2008-01 AS CONDITIONED TO ALLOW TO ALLOW A REDUCTION IN THE REQUIRED OFF- STREET PARKING REQUIREMENTS FOR TWO TRADE SCHOOLS AT 1125 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2008-10 to operate a trade school for the property located at 1125 East Seventeenth Street, Units E202, E209-E211 and E214; Conditional Use Permit No. 2008-11 to operate a trade school for the property located at 1125 East Seventeenth Street, Units N160, N200 and S200; and Minor Exception No. 2008-01 to allow a reduction in the required off-street parking requirements for the two professional trade schools at 1125 East Seventeenth Street. B. Minor Exception No. 2008-01 came before the Zoning Administrator on June 4, 2008 for a duly noticed public hearing. The Zoning Administrator determined pursuant to Santa Ana Municipal Code Section 41-641 to referral the matter to the Planning Commission for public hearing. C. Conditional Use Permit No. 2008-10, Conditional Use Permit No. 2008-11 and Minor Exception No. 2008-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 14, 2008. D. Pursuant to Santa Ana Municipal Code Section 41-632(3) (g) allows a parking reduction through the minor exception process of up to a maximum of 20 percent of the required parking spaces. In addition, Section 41-638.1 (c) allows the possibility of a minor exception provided it can be established that no conflict will arise between parking for one use and parking for another use due to differences in primary utilization of parking spaces between the different tenants. Resolution No. 2008-20 Page 1 of 6 31 A-41 E. Santa Ana Municipal Code Section 41-638.1 authorizes the Planning Commission to grant a minor exception for a parking reduction upon making certain findings. 1. That the granting of a minor exception to allow two or more independent uses to share the required parking stalls will not result in a conflict between parking for one use and parking for another due to differences in time of primary utilization of parking. The North Park Medical Plaza is a contained site surrounded by residential to the north and commercial to the south, east and west. As proposed, a total parking reduction of 13 percent is anticipated for the existing medical plaza. The minor exception process allows for a parking reduction of up to 20 percent based on the demonstration that a center with mixed uses will have no conflict in sharing the existing parking stalls. The shared parking analysis prepared by RK Engineering Group, Inc. has determined that sufficient parking will be provided for the project during times of peak demand. The shared parking analysis determined that the projected parking for the month of January would be 829 stalls on weekdays and weekends. Additionally, a field count was performed in April of 2008 at the subject site and a maximum of 168 stalls were occupied at the peak hour. In addition, the traffic engineer took into account the proposed uses along with the parking count and calculated the peak demand as 356 spaces during the day. As existing, the medical center can easily accommodate the two proposed trade schools along with the existing uses. 2. That the granting of a minor exception will not substantially increase difficulties of vehicle maneuverability or traffic congestion on the project site. Based on the shared parking analysis, the existing on-site parking is sufficient to accommodate the two proposed trade schools. Furthermore, no additional square footage will be constructed as part of this proposal and no parking stalls will be removed. As existing, the center has numerous drive aisles and driveways and allows for excellent parking circulation. Lastly, the site is accessed from Seventeenth Street which is defined as a major arterial in the Circulation Element. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. Resolution No. 2008-20 Page 2 of 6 31 A-42 This Class 5 exemption allows minor alterations in land use which do not result in any changes in land use or density. Categorical Exemption Environmental Review No. 2007-04 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Minor Exception No. 2008-01 as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required off-street parking requirements the property located at 1125 East Seventeenth Street. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated July 14, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of July, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Leo (2) ABSTENTIONS: Commissioners: None (0) Harvey De La Torre Vice Chairman Resolution No. 2008-20 Page 3 of 6 31 A-43 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:__ Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 14, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-20 Page 4 of 6 31 A-44 Conditions for Approval for Minor Exception No. 2008-01 Minor Exception No. 2008-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division The project shall remain in compliance with Site Plan Review DP No. 07- 02. 2. The maximum parking reduction permitted on the property is 13 percent. The proposed trade schools shall be limited to the areas defined by the approved floor plans. 3. The minor exception for the reduction in required parking shall be null and void if Conditional Use Permit Nos. 2008-10 and 2008-11 for the proposed trade schools are not approved by the City. 4. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. The improvements shall comply with the requirements of Amendment Application No. 2001-06 including landscaping. 5. Any amendment to this minor exception must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 6. The proposed professional trade school shall focus on health care programs. The hours of operation shall be from 8:00 a.m. to 9:00 p.m. EXHIBIT A Resolution No. 2008-20 Page 5 of 6 31 A-45 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. ~ I served the fore oing document described as: Resolution No. 2008-20~Minor Exce tion No. 2008-0 in this action by placing a true copy ereo enc ose in sealed enve opes a resse as ollows: Garo Nazarian Sima Shidfar 109 East Harvard, #306 North Park Plaza LLC Glendale, CA 91205 1125 East Seventeenth Street, #N559 Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by EMAIL transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (date) at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-20 Page 6 of 6 31 A-46 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 14, 2008 TITLE: PUBLIC HEARING - FILED BY GARO NAZARIAN FOR CONDITIONAL USE PERMIT NO. 2008-10 TO ALLOW A PROFESSIONAL TRADE SCHOOL AT 1125 EAST SEVENTEENTH STREET, UNITS E202, E209- E211 AND E214 Prepared by Carlos Rodriguez - ,~ ~ ,~ Executive Director RECOMMENDED ACTION Adopt a resolution conditioned. DISCUSSION Request of Applicant PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~`~- Planning Manage approving Conditional Use Permit No. 2008-10 as Garo Nazarian, on behalf of approval of Conditional Use professional trade school at E209-E211 and E214. Property Description North Park Plaza, Inc., is requesting Permit No. 2008-10 to allow a proposed 1125 East Seventeenth Street, Units E202, The project site is approximately 15 acres in size and is occupied by five free standing buildings with approximately 140,553 square feet of medical office space and a charter school. A total of 847 parking stalls are currently provided on the subject site. The parcel is located within the Professional (P) zoning district and has a General Plan land use designation of Professional and Administrative Office (PAO). The site is located on the northeast corner of Lincoln Avenue and Seventeenth Street. Surrounding land uses include residential to the north, and commercial to the south, east and west (Exhibits 1 and 2). Project Description The applicant is proposing to allow a professional trade school to occupy portions of the existing east medical office building. Universal Career College is proposing both classroom facilities along with administrative offices within the east building (Exhibit 3). 3~'X1'~`f Conditional Use Permit No. 2008-10 July 14, 2008 Page 2 Universal Career College proposes to operate a trade and professional school with programs geared to medical and computer training. The school's focus is to expose students to a wide array of technology to enhance the intellectual, professional and personal growth of the student. Classes are conducted at the project site along with hands-on instruction for subjects related to medical training and computer networks. In addition to the courses offered at the location, the school trains students for the necessary certificates required for medical services. The school provides instruction on the state certification for medical assistants and phlebotomy (Exhibit 4). Universal Career College will occupy units E202, E209-E211 and E214 for a combined square footage of 7,401. A total of 3,315 square feet will be used as administrative office and 4,086 square feet will be used as classroom facilities. Universal Career College will serve approximately 120 students and will operate at various times of the day. Classes will be scheduled from 8:00 a.m. to 3:00 p.m. and from 5:00 p.m. to 9:00 p.m., Monday through Friday. The school is proposing a total of 12 teachers and staff members. Students will be using both private cars as well as public transportation to arrive at the school. A total of 108,423 square feet will remain for medical office uses and 4,573 square feet for the existing charter school. A total of 969 parking spaces are required for the proposed project while only 847 parking spaces are provided on-site. The applicant has applied for Minor Exception No. 2008-01 to allow a reduction in the required off-street parking for the proposed project. Minor Exception No. 2008-01 was continued by the Zoning Administrator on June 4, 2008 to allow the project to be reviewed together with the conditional use permits as one complete project. Analysis of the Issues Trade schools are allowed within the Professional (P) zoning district with an approved conditional use permit. The applicant is requesting approval of the conditional use permit to allow a professional trade school that primarily focuses on medical and computer training. The proposed school will provide a service to residents of the City of Santa Ana and surrounding communities. The conditional use permit process allows the City to thoroughly review the project and address potential impacts. The proposed site is currently developed with a professional medical office and is surrounded 31 A-48 Conditional Use Permit No. 2008-10 July 14, 2008 Page 3 primarily by commercial development, with the exception of residential uses to the north. The proposed professional schools will operate in a manner similar to normal hours of business and shall have little impact on the surrounding property owners. In addition, the proposed shared parking study for the minor exception for parking indicates that the site adequately provides on-site parking to account for the proposed trade schools. The parking demand will not disrupt the existing tenants located within the medical offices. The parking for the project will be directly tied to the specific floor plan submitted. Any future expansion of trade school uses or deviation from the approved uses or floor plan resulting in a higher parking demand would require a re-evaluation of the conditional use permit by the Planning Commission. In summary, the issuance of a conditional use permit will allow a professional trade school to provide additional educational opportunities for residents of the City as well as those within the surrounding communities. Staff has analyzed the project and has determined that the project will create minimal impacts to the surrounding properties. Lastly, the request for shared parking through Minor Exception 2008-01 indicates that the site provides sufficient on-site parking to accommodate the proposed professional trade school. Therefore, staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-10 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. This Class 5 exemption allows minor alterations in land use which do not result in any changes in land use or density. Categorical Exemption Environmental Review No. 2007-04 will be filed for this project. ~..ifi~" G1--sue-~ Carlos Rodriguez Assistant Planner II CR:jm cr\reports\CUP08-10 Universal Career College.pc Verny Carvajal Senior Planner 31 A-49 Al GENERALAGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAW INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CUP 08-10 NORTH PLAZA, INC. 1125 EAST SEVENTEENTH STREET ~ # E202, E209-211 AND E214 - - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3!~d CUP 08-10 u.. 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U W .° + ~ ~ ^ ~ ~ ~ ~ C .O 'i W bA ~ U w .~ U ~ • ~ ~ •-~ ~'+ U ~ O O t4 O V V UU~ ~ ~~ 0 3 .,, ~+ ~,, wO~O N lLJ ~ ~ ~ U Z c o c +~ .~ ~ ~, v ti ~` V a /~w) ~ L r.. ,~ ~„t Y 41 ~ . .J[ ~. l: ~ .. L~ :J ~' ~ et ~ 4 ~. ~ .,~ '~.e. `4,~ ' ` ~~ O 0 ~• i t ~ ~ H F- ..,. .t,. L d L U d 3 ~~ 4 f i s KO- 7/10/08 RESOLUTION NO.2008-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-10 AS CONDITIONED TO ALLOW THE OPERATION OF A TRADE SCHOOL FOR THE PROPERTY LOCATED AT 1125 EAST SEVENTEENTH STREET, UNITS E202, E209-E211 AND E214 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2008-10 to operate a trade school for the property located at 1125 East Seventeenth Street, Units E202, E209-E211 and E214; Conditional Use Permit No. 2008-11 to operate a trade school for the property located at 1125 East Seventeenth Street, Units N160, N200 and S200; and Minor Exception No. 2008-01 to allow a reduction in the required off-street parking requirements for the two professional trade schools at 1125 East Seventeenth Street. B. Conditional Use Permit No. 2008-10, Conditional Use Permit No. 2008-11 and Minor Exception No. 2008-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 14, 2008. C. Pursuant to Santa Ana Municipal Code Section 41-313.5, trade and professional schools are permitted in the Professional (P) zoning district with the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of the professional trade school will add an additional education opportunity to the existing community. This will provide residents an additional opportunity for Resolution No. 2008-21 Page 1 of 6 31 A-70 education in relation to a professional career path. Policy 4.3 of the Land Use Element encourages land uses which provide community and regional service benefits. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed professional trade school will not be detrimental to persons residing or working in the area. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The school will be located within an existing medical office complex. This project site is located in an area that is comprised of mainly commercial uses with the exception of residential properties to the north. The proposed school will operate during normal business hours and will not negatively impact the surrounding properties. Lastly, the proposed use is consistent with the requirements of the Santa Ana Municipal Code. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school will not negatively affect the economic stability of the surrounding area. The proposed use is consistent with the zoning district of the property and operates similar to a commercial business with normal business hours. Lastly, the conditions of approval will help to mitigate any potential problems and will minimize the possibility of the trade school affecting the surrounding community. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed professional trade school meets the requirement of the Santa Ana Municipal Code Section 41- 313.5(c), which requires that a professional trade school obtain a conditional use permit. In addition, the applicant is requesting the approval of Minor Exception 2008-01 for a reduction of on-site parking for the proposed trade school. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2008-21 Page 2 of 6 31 A-71 The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation as Professional. Additionally, the site is located within an established commercial area of the City. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. This Class 5 exemption allows minor alterations in land use which do not result in any changes in land use or density. Categorical Exemption Environmental Review No. 2007-04 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2008-10 as conditioned in Exhibit "A" attached hereto and incorporated herein, to operate a trade school the property located at at 1125 East Seventeenth Street, Units E202, E209-E211 and E214. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated July 14, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of July, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Leo (2) ABSTENTIONS: Commissioners: None (0) Harvey De La Torre Vice Chairman Resolution No. 2008-21 Page 3 of 6 31 A-72 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney 13y: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 14, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-21 Page 4 of 6 31 A-73 Conditions for Approval for Conditional Use Permit No. 2008-10 Conditional Use Permit No. 2008-10 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 07- 02. 2. The maximum parking reduction permitted on the property is 13 percent. The proposed trade school shall be limited to the areas defined by the approved floor plans and to units E202, E209-E211 and E214. 3. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. The improvements shall comply with the requirements of Amendment Application No. 2001-06 including landscaping. 4. Any amendment to this minor exception must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 5. The conditional use permit shall be reviewed at six months, nine months, and one year. 6. The proposed professional trade school shall focus on health care and computer training programs. The hours of operation shall be from 8:00 a.m. to 9:00 p.m. Exhibit A Resolution No. 2008-21 Page 5 of 6 31 A-74 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoingg document described as: Resolution No. 2008-21 Conditional Use Permit No. 2008-10) in this action y p acing a true copy ereof enc ose in sea a enve opes a resse as follows: Garo Nazarian Sima Shidfar 109 East Harvard, #306 North Park Plaza LLC Glendale, CA 91205 1125 East Seventeenth Street, #N559 Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by EMAIL transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (date) at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-21 Page 6 of 6 31 A-75 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 14, 2008 TITLE: PUBLIC HEARING - FILED BY GARO NAZARIAN FOR CONDITIONAL USE PERMIT NO. 2008-11 TO ALLOW A PROFESSIONAL TRADE SCHOOL AT 1125 EAST SEVENTEENTH STREET, UNITS N160, N200 AND 5200 Prepared by Carlos Rodriguez PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO --~ ----'~- ~~Gc.C.~!-~ ~-~- -~ Executive Director Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2008-11 as conditioned. DISCUSSION Request of Applicant Garo Nazarian, on behalf of North Park Plaza, Inc., is requesting approval of Conditional Use Permit No. 2008-11 to allow a proposed professional trade school at 1125 East Seventeenth Street, Units N160, N200 and 5200. Property Description The project site is approximately 15 acres in size and is occupied by five free standing buildings with approximately 140,553 square feet of medical office space and a charter school. A total of 847 parking stalls are currently provided on the subject site. The parcel is located within the Professional (P) zoning district and has a General Plan land use designation of Professional and Administrative Office (PAO) The site is located on the northeast corner of Lincoln Avenue and Seventeenth Street. Surrounding land uses include residential to the north, and commercial to the south, east and west (Exhibits 1 and 2). Project Description The applicant is proposing to allow a professional trade school to occupy portions of the existing North and South medical office buildings. ATI College is proposing both classroom facilities along with administrative offices within the existing buildings (Exhibit 3). ~~~8 / V Conditional Use Permit No. 2008-11 July 14, 2008 Page 2 ATI College is a leading private postsecondary vocational college system focused on technology-oriented programs of study. It operates two California campuses offering over 20 career-focused vocational programs to adult learners. Classes are conducted at the project site along with hands-on instruction for particular subjects related to medical training. The school currently has several other school locations and the primary focus of this campus will be for ultrasound technician training (Exhibit 4). ATI College will use units N160, N200 and S200 for a total of 10,197 square feet. A total of 3,066 square feet of administrative office and 7,131 square feet of classroom will be used for this trade school. The school will serve 120 students and classes will be scheduled from 8:00 a.m. to 3:00 p.m. and from 5:00 p.m. to 9:00 p.m., Monday through Friday. The school is proposing a total of 15 teachers and staff members. Students will be using both private cars as well as public transportation to arrive at the school. A total of 108,423 square feet will remain for medical office uses and 4,573 square feet for the existing charter school. A total of 969 parking spaces are required for the proposed project while only 847 parking spaces are provided on-site. The applicant has applied for Minor Exception No. 2008-01 to allow a reduction in the required off-street parking for the proposed project. Minor Exception No. 2008-01 was continued by the Zoning Administrator on June 4, 2008 to allow the project to be reviewed together with the conditional use permits as one complete project. Analysis of the Issues Trade schools are allowed within the Professional (P) zoning district with an approved conditional use permit. The applicant is requesting approval of the conditional use permit to allow a professional trade school that primarily focuses on medical and computer training. The proposed school will provide a service to residents of the City of Santa Ana and surrounding communities. The conditional use permit process allows the City to thoroughly review the project and address potential impacts. The proposed site is currently developed with a professional medical office and is surrounded primarily by commercial development, with the exception of residential uses to the north. The proposed professional schools will operate in a manner similar to normal hours of business and shall have little impact on the surrounding property owners. 31 A-77 Conditional Use Permit No. 2008-11 July 14, 2008 Page 3 In addition, the proposed shared parking study for the minor exception for parking indicates that the site adequately provides on-site parking to account for the proposed trade schools. The parking demand will not disrupt the existing tenants located within the medical offices. The parking for the project will be directly tied to the specific floor plan submitted. Any future expansion of trade school uses or deviation from the approved uses or floor plan resulting in a higher parking demand would require a re-evaluation of the conditional use permit by the Planning Commission. In summary, the issuance of a conditional use permit will allow a professional trade school to provide additional educational opportunities for residents of the City as well as those within the surrounding communities. Staff has analyzed the project and has determined that the project will create minimal impacts to the surrounding properties. Lastly, the request for shared parking through Minor Exception 2008-01 indicates that the site provides sufficient on-site parking to accommodate the proposed professional trade school. Therefore, staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-11 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. This Class 5 exemption allows minor alterations in land use which do not result in any changes in land use or density. Categorical Exemption Environmental Review No. 2007-04 will be filed for this project. Carlos Rodriguez Assistant Planner II CR jm cr\repoits\cup08-11 ATI College.pc 2 ~~ j-~- ~L-~- Verny Carvajal Senior Planner 31 A-78 At GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHTINDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CUP 08-11 ~ NORTH PLAZA, INC. ~,, 1125 EAST SEVENTEENTH STREET 1" = 1000 FEET # N160, N200 AN D S200 = 500 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 39'S~l!~ CUP 08-11 NORTH PLAZA, INC. 1125 EAST SEVENTEENTH STREET ~ '~~~-"~ # N160, N200 AND S200 P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3 ~~'-"~~ w~rw~ IM ~ ~ u s ~ o a a m-ar MO • w ~a ~~o' asp SRI4IOQ i lOLZ6 VO ' VNV V1NVS 6S5 N d J3~2fL5 47L l 3 SZ! l IOLZ6 HO b'NV V1NYS 1332i1S 47L I '3 SZ I ! ~ Q ~ Q ' ~ se I 1 ~wM11 7 • 0T7 VZb'ld Ya'Vd FL.bON VZN7d lY:J/OdYY a2Yd !dL?JON l~dNS ?/300 i J Q ~~Q QIYJO~ ' b3NM0 103f027d 37L1 9N/Mb2/0 i q s N N ~ ~ ~ ~ ^I ~ ~ O ~ ~ ~ _ $~N Jl pggN~~~ ~Jgi {q~~J1 {q~~~1 (q~~~1 qN1 ~ N ~'QQ~{ f4~ p ~ V CIS ~ ~~QJ Q S ~ II ~K ( ~ ~ it C J _ l V V V - -~ - I I I I II V II ~ ~ 6115 I I I l l i I l l I ( 7 ~ ( ~ ]~ gl~~7 gl~~~ t q~y y~y f V V ~ ~ V ~ ~ ~ V V U ~ JI JI `~ mmO Ul .` J1 (f] ~ C~ $ t N ~ (l!V) x 65 N ~ N ~ II ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ II II II ~ ~~ ~ ~ 3 ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ o~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~~~ ~~ Z 3 _ ° -° ~ wo 3 =_ N i a°-N oo No~ ~GooJZ~~~F~ ~ o ~UOp ~ Pw OV Q~ o e °°=zoo= ~z ~~~ ~ ° a `~ ~ n~ ~ ~~~~~~ o w ° _ ~ S ~ <~~~ '~-~ zpp>w~~~~w °y ° uzarrow ai~z~~ ~~~ ~ ~o O ip - N z ~uJ ~wwdw p°" °wmz-oer3zom°~~~~ ~~ °~ N~ ~ g wo ,~o ~ ad~~~°F~~~1DN~~go ~'~ _~ p z pmo ~zp~o~°_'=~o~~n~ ~s au °op g ` ~ ° p ~-p Fog iu-p~^,nm- ~i m~ zap °Y°QNi awa ~~3 ~n ~-~ N~ a~ gN~O~~z~g~~'~`Q~vJ"'mKm p0 °~ Gw L ~ g - °` ~ b~ ~ u73,~-wo u ~o O N a ~ ~° o = „g w O z ~ ~~ ~ V p=O pF i ~W~ ~_ ~ Oz O ~ ads n~ ~uK w b " bzo N° O~ ~ ~° ~ ~ w '~om ~b '- = aoLp w wp zw ~Ul?ip m^'~Zw ~F o ow~b o °~`~o r~~ ~ o ~ m~ b b F a? ~ o wa~ o~z~¢o_m~mo~~~ooo~ w~ ` ~ ruz u~J <°~mF-Nw~J~np J ~ ~~ ° a_ G Z ~ Z ° po~i9 Nz°~o_~zb bz°~~zzz~ao i~ ~i Z _ O ( I' VI V mz0~ o~Ni=~p~oK zzo a~zz z~zo ~p O~ ~ ^ 4,: ~ I~ w °~5~ r~oo~~ow->w~`nz~~~z~z'~" ~~ G~ ~ ail lih ~ p J OOU~ a~'~O L ar0 azz w~ N ~n w d4~ ° ~,~oG z~~zz~oaFOOO=o;R o0 ~p~ r Oz~~Z zKp~Q~NZw OQaon zz _K zp O ~ wOg J~-J- 5¢~ ~NN °°°°° °P C]~J K ' p - f~ . ~ - ~ J Z Z J 1 i0ui0 V~VFZw V rU-U mU' ~~OFNmV 00~ JN Ua1NNN N~ N d ~ ~ ~~ S ~ d d ~~~o< ~ o000 ~g° zm o po o ~gd~d~ o (n N°N° °LL - N- N K oC K K K p ~ ~ ~ N (7 E Z ~- ~ C7 Z p p p p 0 0 0 0 0 w, w w w OJ 0 0 0 0 N ,n '=y "~ W U ~ L _ K > > N ~z o~C F ~ N ~ ~ N m v m- w 0 O ~- m ~ ° N w p ~ w O O O ~ ~ ~ ~ ~ ~= N F z z N N O, O O V' U' O rc Z V' Z z ~ ' ' ' w~ p a a ~ (~~ O p z Z Z V U U V` w z z z z o 0 0 0 0 o z z U o_ a ~ =J ~ = o 0 0 0~ 5 5~>> u~ N m m m m m m ~0 8 ~ h Aviv ~ Z o~ g>>>~ m m m m L L S L L L to ~ F w ~ N N ~ W W L ~ H H ~~~ ~~ J N W o F a W a~ o 0 0 0 0 0~ 3 ~ 3 ~3 < ~ ~ h ~ o u ~~N ~~ ~r ~ z .mow W u uw ~~ o ~ ~ .,~ ~ o ~.^~g ui o- N m g m ~o n~ m o_ `" `_~ a e a¢ a< a a a a ~o Q 3~ ~ ~ ~ W N " mh ~ ~ ~ II u v 3 a a < a ° , GJ ~, ~ ~ ~ Mo ~ a o 8 N W 3 ~ ow~,~ V U ~. ~ ~ W i ~ - ¢ ~ w h ~ ~ E p O = N~ d LL' m Q O J W oR ¢~¢ O y 2 ¢ W `~ O W ~ a Z Z ~ p G ~ y n2 ~n O ~n of i~~i ~~~i ~ _~i inm ~ ~> > UO> ¢ UO> OU w N W W O ~ z ~ +' Z eo o Q~ ~~ ,~ ~ ~ ~ N a ~ in Z w _ _ ,g~__ _. _ fi . m V ~ d N ~ Uw W J w # ~ N V W _ k - P°--~~ ui~v W p N ~ ~ ~ Q ~~< env ~ ~ ~ .ri< ~u ~ ~ uU5~8Ng O 8`~ ~~ Q Q p -Nm u~. ~.~ - fr ~ U a z r- v ¢=d a~ z ~ ~~d ~mz K w o~~ ~ mom ~ O u ~m U a o w o w ¢ ¢ z Q j W a Fa d F w Z a ~w° L - Y W i(1 ~ ~_ e U1 w 5 ~ ~ ~ N - Q K K ~ Q Z ~ ~ _ K ~ '^ Zj OOC NN F a - g ~ ~ ° a " EXIIIBIT 3 Page 1 of 17 ~w IaA ~ r w a ~ • a a lOLZ6 V0 VNV V1NV5 mfA OMI . ~ /OLZ6 V0 'VNV V1NVS ~ wo • swr~ SRI4IOQ i 655 N d J3~'15 47L ! 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Click here to see the class dates. Ultrasound Technology program consists of the following: • Terminology, Anatomy, Physiology • Abdomen I • Abdomen II • Obstetrics & Gynecology I • Obstetrics & Gynecology II • Physics & Instrumentation I • Physics & Instrumentation II • Vascular I • Vascular II • Clinical Internship/Externship Upon successful completion of this program, graduate is awarded a completion cert Graduates of this program may assume a responsible position as a member of the F team in a hospital, imaging center, doctor's office, or clinic. Positions may also be a private practice, industry, or government. Duties may include performing ultrasourn the upper abdomen, pelvic area, microscopic /macroscopic anatomy of veins and a superficial structures. Positions available to graduates of this program include intermediate level ultrasour technician, entry to intermediate level sonographer/scanner, and assistant to ultrasound/sonograph laboratory technician. Although Ultrasound Technologists are not required to meet licensure requirements California, employers may require credential(s) offered by the American Registry of Diagnostic Medical Sonographers (ARDMS). Graduates of Ultrasound Technology pn .may be eligible for ARDMS exams. http://www.ati.edulcollegemedical.html EX~T~1_~~ 6/17/2008 KO- 7/10/08 RESOLUTION NO. 2008-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-11 AS CONDITIONED TO ALLOW THE OPERATION OF A TRADE SCHOOL FOR THE PROPERTY LOCATED AT 1125 EAST SEVENTEENTH STREET, UNITS N160, N200 AND S200 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2008-10 to operate a trade school for the property located at 1125 East Seventeenth Street, Units E202, E209-E211 and E214; Conditional Use Permit No. 2008-11 to operate a trade school for the property located at 1125 East Seventeenth Street, Units N160, N200 and S200; and Minor Exception No. 2008-01 to allow a reduction in the required off-street parking requirements for the two professional trade schools at 1125 East Seventeenth Street. B. Conditional Use Permit No. 2008-10, Conditional Use Permit No. 2008-11 and Minor Exception No. 2008-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 14, 2008. C. Pursuant to Santa Ana Municipal Code Section 41-313.5, trade and professional schools are permitted in the Professional (P) zoning district with the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of the professional trade school will add an additional education opportunity to the existing community. This will provide residents an additional opportunity for Resolution No. 2008-22 Page 1 of 6 31 A-99 education in relation to a professional career path. Policy 4.3 of the Land Use Element encourages land uses which provide community and regional service benefits. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed professional trade school will not be detrimental to persons residing or working in the area. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The school will be located within an existing medical office complex. This project site is located in an area that is comprised of mainly commercial uses with the exception of residential properties to the north. The proposed schools will operate during normal business hours and will not negatively impact the surrounding properties. Lastly, the proposed use is consistent with the requirements of the Santa Ana Municipal Code. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school will not negatively affect the economic stability of the surrounding area. The proposed use is consistent with the zoning district of the property and operates similar to a commercial business with normal business hours. Lastly, the conditions of approval will help to mitigate any potential problems and will minimize the possibility of the trade school affecting the surrounding community. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed professional trade school meets the requirement of the Santa Ana Municipal Code Section 41- 313.5(c), which requires that a professional trade school obtain a conditional use permit. In addition, the applicant is requesting the approval of Minor Exception 2008-01 for a reduction of on-site parking for the proposed trade school. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2008-22 Page 2 of 6 31 A-100 The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation as Professional. Additionally, the site is located within an established commercial area of the City. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. This Class 5 exemption allows minor alterations in land use which do not result in any changes in land use or density. Categorical Exemption Environmental Review No. 2007-04 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2008-11 as conditioned in Exhibit "A" attached hereto and incorporated herein, to operate a trade school the property located at 1125 East Seventeenth Street, Units N160, N200 and S200. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated July 14, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of July, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Leo (2) ABSTENTIONS: Commissioners: None (0) Harvey De La Torre Vice Chairman Resolution No. 2008-22 Page 3 of 6 31 A-101 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-22 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 14, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-22 Page 4 of 6 31 A-102 Conditions for Approval for Conditional Use Permit No. 2008-11 Conditional Use Permit No. 2008-11 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 07- 02. 2. The maximum parking reduction permitted on the property is 13 percent. The proposed trade school shall be limited to the areas defined by the approved floor plans and to units N160, N200 and S200. 3. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. The improvements shall comply with the requirements of Amendment Application No. 2001-06 including landscaping. 4. Any amendment to this minor exception must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 5. The conditional use permit shall be reviewed at six months, nine months, and one year. 6. The proposed professional trade school shall focus on health care programs. The hours of operation shall be from 8:00 a.m. to 9:00 p.m. Exhibit A Resolution No. 2008-22 Page 5 of 6 31 A-103 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a parry to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoingg document described as: Resolution No. 2008-22 Conditional Use Permit No. 2008-11) in this action y p acing a true copy ereof enc ose in seale~Ic enve opes a resse as follows: Garo Nazarian Sima Shidfar 109 East Harvard, #306 North Park Plaza LLC Glendale, CA 91205 1125 East Seventeenth Street, #N559 Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by EMAIL transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (date) at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-22 Page 6 of 6 31 A-104 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2008-25 TO ALLOW AFTER HOURS OPERATION FOR CARL'S JR. RESTAURANT LOCATED AT 1830 NORTH BRISTOL STREET - GASPER DEVELOPMENT RESOURCES INC., APPLICANT rD ~ ~~ l.~ CiTY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2008-25 as conditioned. PLANNING COMMISSION ACTION On July 14, 2008, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2008-25 as conditioned by a vote of 4:0 (Gartner and Leo absent) to allow after-hours operation for Carl's Jr. Restaurant at 1830 North Bristol Street in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ~~ ~__ -~ Jay,pl. Trevino Executive Director Planning & Building Agency MF:rb mf/reports/cup08-25 Carl's Jr.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 14, 2008 TITLE: PUBLIC HEARING - FILED BY GASPER SERVICES FOR CONDITIONAL USE PERMIT NO. 2008-25 TO ALLOW AFTER HOURS OPERATION FOR CARL'S JR. RESTAURANT LOCATED AT 1830 NORTH BRISTOL STREET Prepared by Matt Foulkes PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO c'_ r I~.GI..t~?.tc. Executive Director Planning Manage RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2008-25 as conditioned. DISCUSSION Request of Applicant Casper Services, on behalf of Carl's Jr. Restaurant, is requesting approval of Conditional Use Permit No. 2008-25 to allow after hours operation at 1830 North Bristol Street. Property Description The subject site is a 0.7 acre parcel of land located on the west side of Bristol Street between Seventeenth and Twenty-First Streets. Although located on an individual parcel, it is part of the Bristol Marketplace shopping center, a 36 acre multi-tenant commercial development that contains a mixture of locally and nationally recognized retail and restaurant uses such as Kohls, Target, Denny's and Subway. The General Plan land use designation for the site is General Commercial (GC), and is located within the General Commercial (C-2) zoning district. Surrounding land uses include residential to the east, Mendez Fundamental Intermediate School to the north, a mixture of office and commercial uses to the west and Santa Ana College to the south (Exhibits 1 and 2). EXHIBIT A 31 B-2 Conditional Use Permit No. 2008-25 July 14, 2008 Page 2 Project Description Carl's Jr. is a nationally recognized fast-food establishment that has operated at this location since 1990 . The Carl' s Jr. and adjacent Taco Bell were constructed as part of Phase II of the master plan for the Bristol Marketplace shopping center. The applicant is proposing to obtain a conditional use permit to operate the dining room and drive- thru on a 24-hour basis, seven days a week. Both the building and adjacent drive-thru lane were previously approved under Conditional Use Permit No. 90-20 in November 1990. The existing restaurant provides seating for 95 patrons in the dining room with 30 additional seats provided in an outdoor patio. There are no building enlargements or modifications proposed as part of the conditional use permit request. A total of 35 parking spaces are provided on-site; however, parking for this development is provided as an integrated shopping plaza with more than 2,000 parking spaces available in the center. Analysis of the Issues In January 1994, the City Council adopted Ordinance No. NS-2213 requiring a conditional use permit for any eating establishment open any time between the hours of 12:00 a.m. and 5:00 a.m. and is within 150 feet of any residentially zoned or used property. Since the proposed restaurant is situated on a parcel of land that is 115 feet and across Bristol Street from residential property (to the east), a conditional use permit is required. In reviewing applications for after hours operation the Planning Division considers several criteria to determine the feasibility of the request. These criteria include the crime rate of the area, the nature of the establishment, the surrounding land uses and options to mitigate any potentially negative impacts on the nearby residents. 1. Crime rate of the area - The restaurant is located within an area of the City considered above average in police related incidents. The area is located in Reporting District No. 123, which ranks 20th out of 102 Citywide Districts in total number of police related incidents. This ranking is based on the total number of calls for service in that reporting district compared to all other reporting districts. The Police Department has reviewed the proposal and has added appropriate conditions of approval to address any potential concerns regarding the after hours use at this location. 31 B-3 Conditional Use Permit No. 2008-25 July 14, 2008 Page 3 2. Type of establishment (fast-food, sit-down, drive-up window) - Carl's Jr. is a 3,500 square foot fast-food restaurant with an existing drive-thru service. Seating for 95 patrons is provided in the dining room area with additional seating for 30 in the outdoor patio. Carl's Jr. maintains 11 employees during regular operating hours and is proposing to reduce their staff to four employees during after hours operation. Although there is a reduced level of staffing, it will still act as a deterrent and reduce the potential for criminal activity. 3. Surrounding land uses - The site is surrounded by Mendez Fundamental Intermediate School to the north, a mixture of commercial and office uses to the west, Santa Ana College to the south and residential to the east across Bristol Street. Although several other fast-food and casual dining restaurants exist in this center including Taco Bell, Subway and Denny's, Carl's Jr. will be the first restaurant in this center to offer after hours operation thus serving a need for late night food service in this area. Additionally, the restaurant's location adjacent to two major arterial streets as well as its proximity to Santa Ana College makes this an appropriate location for an after hours use. 4. Mitigation measures - Staff has identified noise and loitering in the parking lot as two potentially negative impacts associated with the after hours operation. In order to address these concerns staff has added conditions requiring the outdoor dining and play area to be closed at 10:00 p.m., the volume on the speaker box in the drive- thru to be reduced during after hour's operation, the removal of all exterior pay phones and the posting of no loitering signs in the parking lot. In addition to the mitigation measures outlined above, staff has included appropriate conditions of approval aimed at further minimizing any potential impacts on the adjacent properties. Finally, staff has added a provision that the conditional use permit be reviewed after 90-days, six months, one year and then annually to make any modifications necessary. Based upon the analysis of the project, staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-25 as conditioned. 31 B-4 Conditional Use Permit No. 2008-25 July 14, 2008 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2008-78 will be filed for this project. Matt Foulkes Vince Fre oso, ICP Assistant Planner I Principal nner MF:jm mf/reports/cup08-25 Carl's Jr.za 31 B-5 cnr o; ~~ R1 Ge iden c.a~e - ~ R1 MAR W. ~~~__ R13 Rt~w R1 R Ri /~ / ~ R1 ~~ R1 ci R1 ~R1 C1 / R1 ~ R1 R1 / O NER W. a Q R1 R1 Ri I Ri ~I R1 C1 R2 R2 R1 R2 R2 < R3 R1 rte. 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P Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R7 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTFWLBUSLNESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT __ CUP 08-25 ~ CARL'S JR. ~, 1830 NORTH BRISTOL STREET - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP ~6~C~B~ 1 V R1 ~1 R1 R1 21ST STREET R S D N T 1 A L COM. J J J Q _ Q Q ~ II- ~ V/ F Z Z M Z ~ W o w W w W ~ ~ o ~ ~ - m MENDEZ INTER EDIATE SCHOOL ~ ~ Z Z fn w W ~' a w W w w ~ ~ ~ ~ ¢ H N 19TH STREET W .1 ~/~ VJ =` t~~~ ~ L3'.n,.: x ,~'', R S I D N I L ~ ~ F'' 0 ~; J ~' h '§ ~ +`~ ~~ R E S l D E N I L ti+-' 1+v'` ~i 18TH ST C O M M E R C 1 A L . R E S D N I A L J ~' _N C O M M E R C I A L f~ C O M M R C I A L m 17TH STREET -~ CUP 08-25 CARL'S JR. 1830 NORTH BRISTOL STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3~1'~~-~'- 2 KO- 7/10/08 RESOLUTION NO. 2008-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-25 AS CONDITIONED TO ALLOW THE OPERATION OF A RESTAURANT BETWEEN THE HOURS OF 12:00 AM AND 5:00 AM WITHIN ONE HUNDRED FIFTY FEET OF A RESIDENTIALLY ZONED PROPERTY FOR THE PROPERTY LOCATED AT 1830 NORTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a Conditional Use Permit No. 2008-25 to operate a restaurant which will be open between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property for the property located at 1830 North Bristol Street. B. Conditional Use Permit No. 2008-25 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 14, 2008. C. Pursuant to Santa Ana Municipal Code Section 41-377.5, eating establishments open between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property are permitted subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed after hours operation will provide an additional amenity to the restaurant and thereby benefit the community by providing extra hours of food service at the eating establishment. Conditions have been placed on the Resolution No. 2008-15 Page 1 of 8 31 B-8 conditional use permit which will mitigate any potential impacts created by the use and ensure that the eating establishment will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed late night operation will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts such as noise or loitering. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 0.7 acre site is in an existing retail shopping development that is suitable for the restaurant use. The allowance of the after hours operation will complement the economic stability of the area by providing greater opportunities for generating revenue for the restaurant through the attraction of additional patrons. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant with an after hours conditional use permit pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's need for goods and services. The extended hours of operation will provide a dining service to the residents of Santa Ana. Additionally, the property is located within the General Commercial general plan land use designation which permits restaurant uses. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no Resolution No. 2008-15 Page 2 of 8 31 B-9 expansion of the existing use. Categorical Exemption Environmental Review No. 2008-78 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2008-25 as conditioned in Exhibit "A" attached hereto and incorporated herein, to operate a restaurant which will be open between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property for the property located at 1830 North Bristol Street. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated July 14, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of July, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Leo (2) ABSTENTIONS: Commissioners: None (0) Harvey De La Torre Vice Chairman Resolution No. 2008-15 Page 3 of 8 31 B-10 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 14, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-15 Page 4 of 8 31 B-11 Conditions for Aaproval for Conditional Use Permit No. 2008-25 Conditional Use Permit No. 2008-25 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division The project shall remain in compliance with Site Plan Review (DP No. 08- 24). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The drive-thru speaker volume shall remain in compliance with the City of Santa Ana noise ordinances. B. Police Department The existing building and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and Resolution No. 2008-15 Page 5 of 8 Exhibit A 31 B-12 shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. (b) A minimum of one color camera that views the full length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If video tape is used, tapes can not be taped over more than six times. Resolution No. 2008-15 Page 6 of 8 31 B-13 (f) An audio recording component that will record sounds occurring at the customer counter. 14. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No. 2008-15 Page 7 of 8 31 B-14 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I party to the within action; my business address Second Floor, Santa Ana, California 92701. am over the age of eighteen and not a is 20 Civic Center Plaza, Ross Annex I served the foregoing document described as: Resolution No. 2008-15 Conditional Use Permit No. 2008-25) in this action by p acing a rue copy ereof enc o~cfin sea a enve opes a ressed as follows: Neal Casper Casper Development Resources Inc 5360 Jackson Drive, Suite 114 La Mesa, CA 91942 Art M. Nerio 17122 Marina View Place Huntington Beach, CA 92647 Ree Ryan CKE Restaurants, Inc. 401 W. Carl Karcher Way Anaheim, CA 92801 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by EMAIL transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (date) at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-15 Page 8 of 8 31 B-15 31 B-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: PUBLIC FACILITIES NAMING NO. 2008- 06 TO NAME THE SPORTS COURT IN THE KIWANIS BARRIER FREE PARK AT THORNTON PARK THE RAUL AYALA, JR. SPORTS COURT ~ CITV'`MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"~ Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report and affirm the naming of the sports court within the Kiwanis Barrier Free Park at Thornton Park as the Raul Ayala, Jr. Sports Court (Public Facilities Naming No. 2008-06). BOARD OF RECREATION AND PARKS ACTION Recommended that the Planning Commission and City Council approve the naming of the Kiwanis Club Sports Court in Thornton Park to Raul Ayala Jr. Sports Court by a vote of 6:0 at their May 28, 2008 meeting. PLANNING COMMISSION ACTION On July 14, 2008, the Planning Commission approved Public Facilities Naming No. 2008-06 to name the sports court within the Kiwanis Barrier Free Park at Thornton Park as the Raul Ayala, Jr. Sports Court at 2709 South Linda Way by a vote of 5:0 {Gartner absent). The Planning Commission made no changes to the name change identified in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Y .~~~ Jay Trevino Executive Director Planning & Building Agency ME:rb me/report/pfn08-06 Raul Ayala.cc //~/'~ ~d Gerardo Moue ~.~ Executive Director Parks, Rec. & Comm. Svcs. Agency 39A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 14, 2008 TITLE: PUBLIC FACILITIES NAMING NO. 2008-06 TO NAME THE SPORTS COURT IN THE KIWANIS BARRIER FREE PARK AT THORNTON PARK THE RAUL AYALA, JR. SPORTS COURT Prepared by Marvin Ellenbecker -`~ L ~_~ Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Man er Approve Public Facilities Naming No. within the Kiwanis Barrier Free Park a Jr. Sports Court. Board of Recreation and Parks Action 2008-06 to name the sports court t Thornton Park as the Raul Ayala, Recommended that the Planning Commission naming of the Kiwanis Club Sports Court Jr. Sports Court by a vote of 6:0 at thei DISCUSSION and City Council approve the in Thornton Park to Raul Ayala r May 28, 2008 meeting. Thornton Park is a 32.6 acre community park located within the south central area of Santa Ana (Exhibit 1) In 2001, the Kiwanis Club constructed the Kiwanis Barrier Free Park, a five acre special needs playground facility within Thornton Park that is designated for disabled users. This park within a park is located in the north portion of Thornton Park with access from Linda Way (Exhibit 2) Recently, the Kiwanis Club completed a sports court as part of the activities in the Kiwanis Barrier Free Park. In a letter to the Park Board, the Kiwanis Club requested that the new sports court be named in honor of Raul Ayala, Jr. (Exhibit 3). On May 28, 2008, the Board of Recreation and Parks made a recommendation to the Planning Commission to approve the naming of the Kiwanis Club sports court in memory of Raul Ayala, Jr. (Exhibit 4) Mr. Ayala, a Santa Ana resident who was quadriplegic, was the inspiration for the Kiwanis Club's vision to build a play area for handicapped children. EXHIBIT A 39A-2 Public Facilities Naming No. 2008-06 July 14, 2008 Page 2 Raul Ayala, Jr. passed away in March of 2006 and the Kiwanis Club desires to honor him by naming the new basketball court the Raul Ayala, Jr. Sports Court. Sections 33-5 and 33-6 of the Municipal Code govern the naming of streets and public facilities, including parks and park playgrounds. The code includes guidelines for the naming of these facilities and identifies policy guidelines (Exhibit 5) In general, the naming of parks and public facilities should consider: 1. A name which serves to identify the location of the subject area. 2. A name which references the history of the site or area. 3. A name which identifies a person or family which made extraordinary donation of land or funds to promote the improvement of the public facility. 4. A name which recognizes a person or contribution to the well being of the commissioners, officers and employees who currently holds such position. Analysis of the Issues family who made a significant city, including city council, of the city, but not anyone Based on the guidelines established in the Municipal Code and in consideration of what would best identify the naming of facilities, the following analysis was considered for the suggested name. 1. Existing Name: • Currently no name has been approved for the new Kiwanis Barrier Free Park sports court at Thornton Park. 2. Proposed Name: ~~ • Raul Ayala, Jr. Sports Court" recognizes a community resident who has made a significant contribution towards the establishment of the Kiwanis Barrier Free Park in Thornton Park, especially the sports (basketball) court. • Raul Ayala, Jr. was the inspiration for the Kiwanis Club members to provide numerous volunteer hours for creating the Kiwanis Barrier Free Park in Thornton Park. He became the model image through marketing materials for development of this special needs park. 39A-3 Public Facilities Naming No. 2008-06 July 14, 2008 Page 3 Staff recommends that the Planning Commission recommend approval to name the sports court as the Raul Ayala, Jr. Sports Court. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15061 (b)(3) under the General Rule Exemption. Environmental Review No. 2008-118 will be filed for this project. 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SPORTS COURT 1" = 1000 FEET 2709 SOUTH LINDA WAY - - = 5°° FEET P L A N N I N G A N D B U I L D I N G A G E N C Y NIWANIS 'BARRIER FREE' PLAYGROUND PARK FACILITY NAMING 08-6 EXHIBIT 2 39A-6 Kiwanis Club of Santa Ana, California • P.O. Box 1256 -Santa Ana, CA 92702 OFFICERS 2007-2008 PRESIDENT Joha Acosta (714) 547-7059 jo hnbuzztop~m`sbcglobal.ne i VICE PRESIDENT- ADMINISTRATION Herbert Michel (724j541-3361 hm ichelQadelphia.net VICE PRESIDENT -FOUNDATION Clint Hopaon (714)731-7741 clinterh ¢~mail.com CO-SECRETARY Kathleen Davls-Bowman X714) 542-3577 KathidbQwiseplace.org TREASIIRER Larry L. Means ~714J835-3045 I1m92705&~aol.com tMMEDL4TE PAST PRESIDENT Robort H. Stopher (7I4~573-9023 bs[ophec(asbcglobal.vet BOARD OF DIRECTORS Tony Bucio Steve Cate Winston Covington Charles R. fox Gordon Niedringhaus Mark Palazuelos Alfonso Vega L/_ !~ _ d$ Ron Ono Santa Ana Parks and Recreation Department Recreation and Community Services 888 W. Santa Ana Bivd. Santa Ana, CA 92701 March 26, 2008 Deaz Mr. Ono, The ICiwanis Club of Santa Ana requests that the Sports Court facilities at the Barrier Free Pazk (Thorton Pazk) be named in the memory of Raul Ayala. Thanks again for your service, ~~~~ Herb Michel, Vice-President r--~ "Dedicated to changing the world -one child and one community at a time" Meetings held every Wednesday - 12:00 Noon at the Ebetl Club tv~e 625 N. French Street - Santa Ana PQ,~2K FACILITY NAMING 08-6 EXHIBIT 3 39A-7 REQUEST FOR BOARD ACTION BOARD OF RECREATION AND PARKS MEETING DATE: May 28, 2008 APPROVED DATE As Recommended PREPARED BY: Ron Ono ~ Denied Administrative Services Mgr Continued to TITLE: NAMING OF KIWANIS BARRIER FREE BASKETBALL COURT IN MEMORY OF RAUL AYALA RECOMMENDED ACTION Recommend to the Planning Commission and the City Council to name Kiwanis Barrier Free Basketball Courtin memory of Raul Ayala. DISCUSSION On April 16, 2008, the Kiwanis Club of Santa Ana submitted a letter (Exhibit 1) to the Parks, Recreation and Community Services Agency requesting the new Sports Court (Basketball Court) at Kiwanis Barrier Free Park be named in memory of Raul Ayala, a resident of Santa Ana that was the inspiration for the Kiwanis Club to begin the vision to build a play azea for handicap children (Exhibit 2). Raul Ayala was a quadriplegic that was adopted by the Kiwanis Club. Members of the club visited him regularly and took him to various events and functions. He was the inspiration and image the ICiwanis Club projected in various marketing materials to obtain donations for the barrier free park development and especially for the recent basketball court funding. Raul Ayala passed away on March 2006 and always attended events to promote the donations for the basketball court. He never saw the completion of his dream to construct the basketball court. Therefore the Kiwanis Club has requested that the new court be named in memory of Raul Ayala, so all disable individuals can be inspired by his commitment to make this dream come true. Sections 33-5 and 33-6 in the Municipal Code pertaining to the naming of streets and public facilities indicate the naming of public streets, public buildings, parks or recreational facilities should consider the following policy guidelines (Exhibit 3). PARK FACILITY NAMING 08-6 EX1iIBIT 4 39A-8 RFBA-Naming of Kiwanis Basketball Court May 28, 2008 Page 2 of 2 In general, the paragraph relating to the naming of parks and facilities indicates the name should consider: i) A name which serves to identify the location of the subject area. 2) A name which references the history of the site or area. 3) A name which identifies a person or family which made extraordinary donation of land or funds to promote the improvement of the public facility. 4) A name which recognizes a person or family who made a significant contribution to the well being of the city, including city council, commissioners, officers and employees of the city, but not anyone who currently holds such position. Al~1ALYSIS OF THE ISSUE Based on the guidelines established in the municipal code and in consideration of what would best identify the naming of facilities, the following analysis was determined on the suggested name. • Existing Name: o Currently no name has been approved For the new basketball court at Kiwanis Barrier Free Park. Proposed Name: o "Raul Ayala Sports Court" recognizes a community resident that was the inspiration for the Kiwanis Club to make a significant contribution and volunteer effort to raise funding towards the improvement of Kiwanis Barrier Free Park. o Raul Ayala attended numerous events and functions to encourage individuals to donate to the Kiwanis Ban•ier Free Park to complete the vision in providing a basketbaq court for disable children. FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 39A-9 Sea 33-~ Names of streets and other public facilities-Sobmitta! of regaests. Roquests for the teaming or reaaming of streets, public buildings, parks or rrrreatieotJ facilitiesS owned or controlled by the city, except popasaLs iaiGatod by the city ooancil or the phwireg commarioai. shah 6e submitted in writing to the dicedor of planing and development services. (Ord. No. NS-1683, § 1, 6-20-83) Sca 336. Same-Derision 6T phnriog commission. All regrtcsis for the naming or t+eaaming of any public stroll, public bntTdiag. pack or roaational facti7ity shag be referred to the phtm®g commission for dcterrnination. The phoning commission mry approve the name proposed, approve it with modific~rions of approves a drffetwt name. In tracLing its decision the phaomg commission shall give coasidaation to the following policy guidetiaes: (a) Any street which is a continuation of, or approximately the contir-uation o~ any existing stcoct should be given the same name as the aheady existing street, in the absence of other overriding considerations. (b) 5trcds and other public facilities should not 6e given names which would rwse confusion with other stroets or public facilities. (c) Names which achieve any of the following purposes should be proarottd: (1) A name which saves to idea6fy the location of the subject by refaeaee to distinct geographic, eaviroomeatal or developnxat featucrs in the inunediade area. (2) A name which rcfererxes the history of the subject site or its immediate arses. (3) A Hama which identifies a person or family which made an extraadirmry donation of load or funds to promote the conshuction or improvement of the subject public facility. (4) A name which recognizes a person or family who made a distinct, signific~ot contn'bution to rho well-being ofthe city, including past mayors. oorma'1 members, board or commission members. officers or employees of the city, but not anyone who cuarreUy holds any such position. (Ord. No. NS-1683; § 2, t;-211-83j PARK FACILITY NAMING 08-6 EXHIBIT 5 39A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: August 18, 2008 TITLE: ORDINANCE ADDING DIVISION 6 TO CHAPTER 15 REGARDING STATE FRANCHISED VIDEO SERVICE PROVIDERS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance adding Article II, Chapter 15, Division 6 of the Santa Ana Municipal Code regarding State franchised video service providers. DISCUSSION On September 29, 2006 Governor Schwarzenegger signed AB 2987 to become effective January 1, 2007. Also known as the Digital Infrastructure and Video Competition Act of 2006 (DIVCA), this bill established a new framework for the regulation of cable television. In summary, this statute states that cities no longer have the authority to issue franchises to video providers, and that the authority to issue new franchises is held solely by the California Public Utilities Commission (CPUC) . Pursuant to DIVCA, the City of Santa Ana acquires certain rights and responsibilities with respect to state video franchise holders, and included in such rights is the requirement that the City receive a state franchise fee as compensation for the use of the public rights-of-way for the provision of video services. This Ordinance requires state franchise holders to remit a state franchise fee equal to five percent of gross revenues. In addition, state franchise holders must pay an additional Public, Educational, and Government (PEG) facilities support fee equal to one percent of that state franchisee's gross revenue, to be used for PEG purposes consistent with state and federal law. Both of these fees are comparable to the fees that Time Warner is paying the City under our existing franchise agreement. The City will be able to audit the state franchise holders' records to the extent reasonably necessary to ensure compensation is in accordance with State law. In addition, state video franchise holders must comply with all applicable state and federal customer service and protection standards pertaining to the provision of video services in Santa Ana. 50A-1 Video Service Franchise Ordinance August 18, 2008 Page 2 On March 1, 2007 the CPUC began accepting applications for a state franchise from entities wishing to provide video service in California. The City's first state franchisee, AT&T, obtained a state franchise in March 2007 and commenced providing video services in Santa Ana in April 2007. Our current local franchisee, Time Warner, applied for a state video franchise, which was approved on July 7, 2008. Time Warner will begin operating under the state franchise effectively immediately, but will be subject to key obligations imposed under the City's franchise until 2014. FISCAL IMPACT There is no fiscal impact associated with this action. • ~ U"`~ Gera do Mouet, Exec tive Director Parks, Recreation and Community Services Agency 50A-2 Iss07/31/08 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 6 TO CHAPTER 15 OF THE SANTA ANA MUNICIPAL CODE, REGARDING STATE FRANCHISED VIDEO SERVICE PROVIDERS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Legislature of the State of California has adopted the Digital Infrastructure and Video Competition Act of 2006 (DIVCA) effective January 1, 2007,and B. DIVCA establishes a regulatory structure for the State to grant franchises for the provision of video service including cable television service and open- video systems, and C. Pursuant to DIVCA the City of Santa Ana acquires certain rights and responsibilities with respect to state video franchise holders ("State Franchisees"), and D. Included in such rights is the requirement that the City receive a state franchise fee as compensation for the use of the public rights-of-way for the provision of video services, and E. DIVCA requires that the City establish, by ordinance, financial support provisions for Public, Educational and Government (PEG) channel facilities, and F. DIVCA requires that the City adopt a schedule of penalties for any material breach by a State video franchise holder for violation of customer service and protection standards that the City is permitted to enforce, and G. The City may examine the business records of a State Franchisee to the extent reasonably necessary to ensure financial accountability, and H. The City will retain authority, without change, over the existing cable franchise until such time as the franchisee no longer holds a City franchise, or is no longer operating under a current or expired franchise, and I. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the 50A-3 Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2: Section 15-255 of the Santa Ana Municipal Code is hereby amended to provide that it is lawful to operate a cable television system in the City pursuant to a State Video Franchise, such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 15-255. Franchise terms and conditions. (a) Franchise purposes. A franchise granted by the city under the provisions of this division 2 may authorize the grantee to do the following: (1) To engage in the business of providing cable television services that are authorized by law and that grantee elects to provide to its subscribers within the designated franchise service area. (2) To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and across streets and public ways within the designated franchise service area. (3) To maintain and operate the franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals, and for the delivery of cable services and such other services as may be authorized by law. (b) Franchise required. (1) It is unlawful for any person to construct, install, or operate a cable television system within any street or public way in the city without first obtaining either a City franchise under the provisions of this division 2, or a State Video Franchise under division 6 of this Chapter 15. (2) The city council finds and determines that certain multichannel video programming distributors and video providers, as those terms are defined in section 15-268 of division 6, provide cable service, including video programming, to subscribers within limited geographic areas where multifamily dwelling complexes and congregate-living complexes are located. That cable service, including video programming, is sometimes provided, in whole or in part, by the transmission of signals over wires or lines that are owned or controlled by telecommunications service providers or other public utilities and that are within or cross streets or public ways within the boundaries of a local franchising authority. The multichannel video programming distributor or video provider may obtain -2- 50A-4 from the telecommunications service provider or other public utility, by lease, license, or similar contractual arrangement, the right to use those wires or lines in order to provide cable service, including video programming, to subscribers or customers within the multi-family dwelling complexes and congregate-living complexes referenced above. The city council further finds and determines that these contractual arrangements for signal transmission facilitate the provision of cable service, including video programming, and create a nexus between that cable service and the use of the streets and public ways of the city. Consequently, to the maximum extent authorized under California law, it is the intent of the city council to subject multi-channel video programming distributors and video providers that intend to use this signal-transmission methodology to the franchise requirements set forth in this division 2, subject to such waivers and modifications of those requirements as may, in the discretion of the city council or its designee, be warranted in view of the limited geographic area that is proposed to be served. (c) Term of the franchise. (1) A franchise granted under this division 2 will be for the term specified in the franchise agreement, commencing upon the effective date of the ordinance adopted by the city council that authorizes the franchise. (2) A franchise granted under this division 2 may be renewed upon application by the grantee in accordance with the then-applicable provisions of state and federal law and of this division 2. (d) Franchise service area. A franchise is effective within the territorial limits of the city, and within any area added to the city during the term of the franchise, unless otherwise specified in the article granting the franchise or in the franchise agreement. (e) Federal or state jurisdiction. This division 2 will be construed in a manner consistent with all applicable federal and state laws, and it applies to all franchises granted or renewed after the effective date of this article, to the extent authorized by applicable law. (f) Franchise non-transferable. (1) Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior written consent of the city council and then only upon such terms and conditions as may be prescribed by the city council, which consent may not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign, or otherwise dispose of the franchise without the written consent of the city council is null and void. The granting of a security interest in any assets of the grantee, or any mortgage or other hypothecation, will not be deemed a -3- 50A-5 transfer for the purposes of this subsection. (2) The requirements of subsection (1) apply to any change in control of grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If grantee is a partnership or a corporation, prior written authorization of the city council is required where ownership or control of twenty (20) percent or more of the partnership interests or of the voting stock of grantee, or any company in the tier of companies controlling the grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in concert, none of whom, individually or collectively, owns or controls those partnership interests or that voting stock of the grantee, or of grantee's upper tier of controlling companies, as of the effective date of the franchise. (3) Grantee must give prior written notice to the city of any proposed foreclosure or judicial sale of all or a substantial part of the grantee's franchise property. That notification will be considered by the city as notice that a change in control of ownership of the franchise will take place, and the provisions of this paragraph that require the prior written consent of the city council to that change in control of ownership will apply. (4) For the purpose of determining whether it will consent to an acquisition, transfer, or change in control, the city may inquire as to the qualifications of the prospective transferee or controlling party, and grantee must assist the city in that inquiry. In seeking the city's consent to any change of ownership or control, grantee or the proposed transferee, or both, must complete Federal Communications Commission Form 394 or its equivalent. This application must be submitted to the city not less than one hundred and twenty (120) days prior to the proposed date of transfer. The transferee must establish that it possesses the legal, financial, and technical capability to remedy all then-existing defaults and deficiencies, and, during the remaining term of the franchise, to operate and maintain the cable system and to comply with all franchise requirements. If the legal, financial, and technical qualifications of the proposed transferee are determined to be satisfactory, then the city will consent to the transfer of the franchise. (5) Any financial institution holding a pledge of the grantee's assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the city that it, or a designee satisfactory to the city, will take control of and operate the cable television system upon grantee's default in its financial obligations. Further, that financial institution must also submit a plan for such operation within 90 days after assuming control. The plan must ensure continued service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial institution may not exercise control over the system for a period exceeding -4- 50A-6 one year unless authorized by the city, in its sole discretion, and during that period of time it will have the right to petition the city to transfer the franchise to another grantee. (6) Grantee must reimburse the city for the city's reasonable review and processing expenses incurred in connection with any transferor change in control of the franchise. These expenses include, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by these experts), notice and publication costs, and document preparation expenses. No reimbursement may be offset against any franchise fee payable to the city during the term of the franchise. (g) Geographical coverage. (1) Unless otherwise provided in the franchise agreement, grantee must design, construct, and maintain the cable television system to have the capability to pass every dwelling unit and commercial building in the city, subject to any service-area line extension requirements set forth in the franchise agreement. (2) After service has been established by activating trunk or distribution cables for any service area, grantee must provide service to any requesting subscriber within that activated part of the service area within seven (7) days from the date of request, provided that the grantee is able to secure on reasonable terms and conditions all rights-of-way and permits necessary to extend service to that subscriber within that seven- day period. (h) Nonexclusive franchise. Every franchise granted is nonexclusive. The city specifically reserves the right to grant, at any time, such additional franchises for a cable television system that it deems appropriate, subject to applicable state and federal law. If an additional franchise is proposed to be granted to a subsequent grantee, a noticed public hearing must first be held if required under the provisions of Government Code Section 53066.3. (i) Multiple franchises. (1) The city may grant any number of franchises, subject to applicable state and federal law. The city may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and the following specific local considerations: a. The capacity of the public rights-of-way to accommodate multiple cables in addition to the cables, conduits, and pipes of the existing utility systems, such as electrical power, telephone, gas, and sewerage. -5- 50A-7 b. The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service. c. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations within the public rights-of-way. (2) The city may require that any new grantee be responsible for its own underground trenching and the associated costs if, in the city's opinion, the streets or public ways in any particular area cannot reasonably accommodate additional cables. Section 3: Division 6 is added to Chapter 15 of the Santa Ana Municipal Code to read in full as follows: Chapter 15. Division 6. Regulation of State Video Franchise Holders Section 15. 270 Purpose and Authority This Chapter is designed to regulate video service providers holding state video franchises and operating with the City of Santa Ana. As of January 1, 2007, the State of California has the sole authority to grant state video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("the Act"). Pursuant to the Act, the City of Santa Ana shall receive a franchise fee and a fee for public, educational and government (PEG) purposes from all state video franchise holders (hereinafter "State franchisee") operating within the City. Additionally, the City has the responsibility to establish and enforce penalties, consistent with state law, against all State franchisee's operating within the City for violations of customer service standards set by the State. Section 15.271 State Video Franchise and PEG Fees a. A State franchisee that offers video service within the boundaries of the City of Santa Ana, shall calculate and remit a state franchise fee equal to five percent (5%) of the gross revenue of that State franchisee. b. A State franchisee that offers video service within the boundaries of the City of Santa Ana shall calculate and remit, a fee equivalent to one percent (1 %) of that State franchisee's gross revenue, for the support of public, educational and governmental (PEG) access facilities and activities within the local franchise service area. c. The state franchise fee and PEG support fee shall be remitted to the City of Santa Ana on a quarterly basis within 45 days after the end of each -6- 50A-8 quarter for that calendar quarter. Each payment shall be accompanied by a detailed summary explaining the basis for the calculation of the state franchise fee and PEG support fee. Payments shall be sent to the Santa Ana Parks, Recreation and Community Services Agency. If the State franchisee does not pay the franchise fee and PEG support fee when due, the State franchisee shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent (1%). If the State franchisee has overpaid the franchise fee or PEG support fee, it may deduct the overpayment from its next quarterly payment. d. Gross revenue, for the purposes of (a) and (b) above, shall have the definition set forth in California Public Utilities Code §5860. e. Not more than once annually, the City Manager or his designee may examine and perform an audit of the business records of a State franchisee(s) to the extent reasonably necessary to ensure compliance with the Act and this Ordinance. Section 15.272 "Customer Service Penalties Under State Video Franchises" a. The holder of a state video franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video services. b. The city manager, or the city manager's designee, shall monitor the compliance of State Franchisee's with respect to state and federal customer service and protection standards. The city manager will provide the State Franchisee written notice of any material breaches of applicable customer service standards, and will allow the State Franchisee 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following penalties to be imposed by the City: (1) For the first occurrence of a material breach, a fine of $500.00 shall be imposed for each day the material breach remains in effect, not to exceed $1,500.00 for each material breach. (2) For a second material breach of the same nature within 12 months, a fine of $1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each material breach. (3) For a third or further violation of the same nature within 12 months, a fine of $2,500.00 shall be imposed for each day the material breach remains in effect, not to exceed $7,500.00 for each occurrence of the material breach. c. Decisions by the city manager to assess monetary penalties against a State franchisee are final. The State franchisee or any person aggrieved by a decision of the city manager may appeal that decision in writing to the city -7- 50A-9 council in accordance with the procedures specified in chapter 3 of this Code. The appeal letter must be accompanied by the fee established by the city council for processing the appeal. d. Any fine imposed on a State franchisee shall be paid to the City. As provided for in the California Public Utilities Code §5900(8), the City shall submit one half of all fines received from a state video franchise holder to the Digital Divide Account established by California Public Utilities Code §280.5. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall take effect 30 days after its adoption by the City Council. ADOPTED this day of 2008 Miguel A. Pulido Mayor APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney -8- 50A-10 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana -9- 50A-11 50A-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: ADOPT A RESOLUTION TO AUTHORIZE MEMBERSHIP PAYMENT TO ILJAOC s = CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ` . APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution to approve the expenditure of funds for services provided as part of the City of Santa Ana's membership in the Integrated Law and Justice Agency for Orange County for FY 2008-09 in the amount of $74,867. DISCUSSION In 2002, City Council authorized membership of the City of Santa Ana in the Integrated Law and Justice Agency for Orange County (ILJAOC) and the execution of a Joint Powers Agreement (JPA) The purpose of ILJAOC is to improve information sharing and efficiency. Participating agencies have agreed to fund the costs of ILJAOC operations, on a shared basis, through annual budget appropriations. The annual budget includes member agencies' per capita shares of system operations, administrative overhead, and contributions to a capital fund for the eventual replacement of equipment. The proportionate share of costs allocated to the City of Santa Ana, Police Department is $74,867. FISCAL IMPACT Funds are available in the Police Department's Information Systems fund (account no. 11-338-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ,~ 55A-1 JAS7/31/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY OF SANTA ANA POLICE DEPARTMENT TO AUTHORIZE THE EXPENDITURE OF FUNDS FOR SERVICES PROVIDED AS PART OF THE CITY OF SANTA ANA'S MEMBERSHIP IN THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY FOR THE 2008-2009 FISCAL YEAR. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 2002, the City Council authorized membership of the City of Santa Ana in the Integrated Law and Justice Agency for Orange County joint powers authority and approved the Joint Powers Agreement. B. Expenditures for each fiscal year for participation in the Integrated Law and Justice Agency for Orange County requires City Council approval. C. The Santa Ana Police Department has received an invoice from the Integrated Law and Justice Agency for Orange County for fiscal year 2008-2009 in the amount of $74,867.00. Section 2. The City Council of the City of Santa Ana hereby: Authorizes the Santa Ana Police Department to expend funds in the amount of $74,867.00 for the member agency fees for the membership of the City of Santa Ana in the Integrated Law and Justice Agency for Orange County for fiscal year 2008-2009. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2008. Miguel A. Pulido Mayor 55A-2 Resolution No. 2002-XXX Page 1 of 2 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2008-~;XX to Council of the City of Santa Ana on Date: Council, do hereby attest to and certify the be the original resolution adopted by the City Clerk of the Council City of Santa Ana Resolution No. 2008-XXX Page 2 of 2 55A-3 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: RESOLUTION FOR SAFE ROUTES TO SCHOOL GRANT APPLICATIONS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution supporting State funding of four projects in the City and authorize the Executive Director of the Public Works Agency to submit projects for funding consideration under California's Safe Routes to School Program. DISCUSSION The State of California Department of Transportation has issued a call for projects for the Safe Routes to School Program (SRTS). This is a federally funded program, which provides construction funds for projects to improve school pedestrian safety such as traffic signals, school signage, driver feedback signs, and in-pavement lighted crosswalks. Staff is requesting authorization to submit four projects for SRTS funding for fiscal year 2008/2009 (Exhibit 1). Given the need for these improvements, staff recommends that the City Council adopt a resolution supporting State funding of these projects and authorize the Executive Director of the Public Works Agency to submit the designated projects for funding consideration under the Safe Routes to School Program. ENVIRONMENTAL IMPACT Environmental reviews will be conducted for those projects that receive funding and will be presented to the City Council when the construction contract(s) is awarded. These types of projects typically qualify for Categorical Exemptions. 55B-1 Resolution for Safe Routes to School Grant Applications August 18, 2008 Page 2 of 2 FISCAL IMPACT The Safe Routes to School Program is federally funded, no matching funds from the City are required. f ~. James G. oss Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: 4 ~ Francisco Gutierrez ff''E_xecutive Director Finance and Management Svc. Agency 55B-2 SAFE ROUTES TO SCHOOL PROGRAM PROJECTS RECOMMENDED FOR GRANT APPLICATION FY 2008-09 Location Improvement Related School Cost McFadden at Pacific, New Traffic Signal, Driver King Elementary $908,786 Bristol, Tolliver Feedback Signs, Wheelchair Ram s Fairhaven at Old Grand, New Traffic Signal, Driver Fairhaven Elementary $769,043 Old Grand, Clemensen Feedback Signs, Wheelchair Ram s Raitt at Adams, Raitt New Traffic Signal, Driver Jefferson Elementary $665,934 Feedback Signs, Wheelchair Ramps j 4 Elementary School New `JVheelchair Ramps and Carver, Washington, $841,875 Locations ~ Misc. Sidewalk Repair ! incoln, and Lowell ;`--- -- ____ Elementar ___ I~ Total $3,285,638 EXHIBIT 1 55B-3 LST 8/6/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING STATE FUNDING OF FOUR PROJECTS AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT THE PROJECTS FOR FUNDING UNDER THE STATE'S SAFE ROUTES TO SCHOOL PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1999 the State of California enacted into Law California Streets and Highways Code §2333.5, which calls for Caltrans to establish and administer a "Safe Routes to School" construction program ("Program") and to use federal transportation funds for the construction and improvement of school pedestrian safety. B. The Program mandates that Caltrans shall make grants available to local governmental agencies under the Program based on the results of a statewide competition. C. Projects eligible for funding include construction funds for projects to improve school pedestrian safety such as traffic signals, school signage, driver feedback signs, in-pavement lighted crosswalks, and traffic calming projects. D. The City Council of the City of Santa Ana possesses the legal authority to nominate, finance, acquire, and construct projects that are eligible for funding under the Program. E. The City Council of the City of Santa Ana supports efforts to improve pedestrian safety in the City of Santa Ana. Section 2. The City Council of the City of Santa Ana supports State funding of projects in the City of Santa Ana under California's Safe Routes to School Program, and authorizes the Executive Director of the Public Works Agency, or his/her designee, to execute in the name of the City of Santa Ana all necessary applications and documents required to be submitted to Caltrans for the four projects identified in Exhibit 1 for funding under California's Safe Routes to School Program. 55~-4 LST 8!6/08 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 55~-5 LST 8/6/08 SAFE ROUTES TO SCHOOL PROGRAM PROJECTS RECOMMENDED FOR GRANT APPLICATION FY 2008-09 Location Improvement Related School Cost McFadden at Pacific, New Traffic Signal, Driver King Elementary $908,786 Bristol, Tolliver Feedback Signs, Wheelchair Ram s Fairhaven at Old Grand, New Traffic Signal, Driver Fairhaven Elementary $769,043 Old Grand, Clemensen Feedback Signs, Wheelchair Ram s Raitt at Adams, Raitt New Traffic Signal, Driver Jefferson Elementary $665,934 Feedback Signs, Wheelchair Ramps 4 Elementary School New Wheelchair Ramps and Carver, Washington, $841,875 Locations Misc. Sidewalk Repair Lincoln, and Lowell Elementa Total $3,285,638 EXHIBIT 1 55~-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: PUBLIC HEARING - ORDINANCE TEMPORARILY DEFERRING COLLECTION OF DEVELOPMENT IMPACT FEES ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance amending various sections of the Santa Ana Municipal Code to temporarily defer collection of development fees until the issuance of certificates of occupancy/compliance. DISCUSSION Santa Ana like most cities collects various fees to offset impacts created by new development. These impact fees are used to provide and upgrade infrastructure, facilities and equipment to properly serve new development. Examples of these fees include: • Parks Acquisition and Development Fee • Drainage Area Master Plan Fee • Transportation System Improvement Assessment (TSIA) • Major Thoroughfare and Bridge Fee • Fire Facilities Fee Under the current system, these impact fees must be paid before building permits are issued. However, given the general slowdown in the economy the Building Industry Association of Orange County (BIA/OC) has requested that cities consider deferring collection of these fees to the point when projects are complete and certificates of occupancy/compliance are issued. When combined, these fees can represent millions of dollars. Therefore, deferring payment of the fees can present a significant cash flow benefit for developers, which according to BIA/OC may mean the difference between projects that move forward and those that do not. A temporary one-year deferral program is recommended as a stimulus for both residential and non-residential development. To ensure that fees are paid prior to certificate of occupancy/compliance, provisions in the 75A-1 Deferring Collection of Development Impact Fees August 18, 2008 Page 2 draft ordinance require a developer to execute a contract to pay the fees, with interest, prior to issuance of the certificate of occupancy/compliance. This contract will be recorded with the Orange County recorder and constitute a lien for the payment of the fees. Alternatively, the obligation will be secured by an irrevocable letter of credit from the developer. So as to avoid any fiscal impact to the City, the ordinance further provides that a developer will offset the City's costs to implement and administer the fee deferral program. Additionally, this ordinance will temporarily grant the City the authority to extend plan check review or inactive building permits for up to one year, without the need for the developer to submit new plans and pay new fees. The ordinance will be in effect for one year, unless extended for one additional year by further action of the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. J Trevino Executive Director Planning and Building Agency JMT:rb rb\reports\Defer Devel Impact Fees 75A-2 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES, AND TO PERMIT THE EXTENSION OF INACTIVE BUILDING PERMITS AND PERMIT APPLICATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Mitigation Fee Act (Government Code section 66000, et seq.) authorizes the City to adopt and regulate monetary exactions for the purpose of defraying all or a portion of the public facility costs relating to a development project. The development impact fees are charged as a condition of approval and are used to alleviate the effects of development on the community by financing public improvements, services, or programs that bear a reasonable relationship to the development. Virtually all California cities, including Santa Ana, require applicants to pay mitigation fees as a precondition to issuing a building permit. The City may determine when such fees are to be paid. B. Due to recent changes in the economic conditions throughout the United States relating to new residential, commercial and industrial development, construction of development projects previously approved and fully entitled by local cities have been put on hold by developers. C. The City relies on new development to stimulate the local economy and to provide direct and indirect benefits to its residents and business by creating construction jobs, new market-rate and affordable housing, and new tax-base and revenues for the City. D. This ordinance is intended to alleviate certain barriers to development, in light of the challenges facing the development industry in a fluctuating market economy, by allowing eligible project applicants to defer certain development impact fees. Ordinance No. NS-XXX Page 1 of _ 75A-3 Section 2. Definitions. The following words and phrases are defined for purposes of this ordinance as follows: "Applicant" means the owner or owners of record of the real property for which a fee deferral is sought pursuant to this ordinance. "Code" means the Santa Ana Municipal Code. "Executive Director" means the Executive Director of the Planning and Building Agency of the City. "Eligible Applicant" means an Applicant meeting the Eligibility Criteria for deferral of impact fees. "Eligibility Criteria" means an objective standard established by the Executive Director, which may be amended from time to time as deemed necessary, used to determine appropriateness for incentives under this Chapter. "Fee Deferral Agreement" means an agreement, secured as provided in Section 4, below, which is a prerequisite requirement for approval for any fee deferral under this ordinance. "Nonresidential" means (a) those commercial business activities which are permitted or allowed in the C1, C2, C3, C3A. C4, or C5, or in commercial CR, SP or SD zoning districts as set forth in Title 41 of this Code, or (b) those industrial business activities which are permitted or allowed in the M1 or M2 zoning districts as set forth in Chapter 41 of this Code. "Subject Property" means the real property owned by the Applicant subject to the Fee Deferral Agreement. "Residential" means those activities which are permitted or allowed in the RE, R1, R2, R3, R4, PD, or in residential CR, SP or SD zoning districts, as set forth in section 41-143 of this Code, and includes alive-work community as set forth in section 41-101.5 of the Code. Section 3. Deferral of Development Impact Fees for Residential and Nonresidential projects. A. Notwithstanding any other provisions of this Code, some or all of the development impact fees imposed on new Residential or Nonresidential buildings and structures located in the City may, upon application by an Eligible Applicant and approval of the Executive Director, be deferred subject to the provisions set forth below. Fees eligible to be deferred shall be: Ordinance No. NS-XXX Page 2 of 6 7 5A-4 • Parks Acquisition and Development Fee • Drainage Area Master Plan Fee • Transportation System Improvement Fee (TSIP) • Major Thoroughfare and Bridge Fee (to the extent, if any, it is both collected and retained by the City) • Fire Facilities Fee • Sewer Connection Fee B. Prior to the City's consideration of an application for deferral of impact fees, the Applicant shall provide to the Executive Director, at the Applicant's sole cost and expense, a current preliminary title report on the Subject Property. C. No deferral shall be effective until the Applicant provides security to the City in the form of a Fee Deferral Agreement as set forth in section 4 of this ordinance, approved by the Executive Director and in a form acceptable to the City Attorney. D. The maximum deferral period shall be the earlier of: 1. The final inspection or issuance of a temporary certificate of occupancy or final certificate of occupancy for the new building or structure on the Subject Property, whichever comes first, or 2. One (1) year from the date of issuance of the building permit for the Subject Property. E. Notwithstanding any provision to the contrary, the deferred impact fees not paid at the time of building permit shall be subject to: 1. Interest on unpaid fees at the annual rate of interest which the City earns on its investment of pooled funds which shall accrue from the date of issuance of the initial building permit until the deferred impact fees and all accrued interest is paid, and 2. A charge, due and payable upon execution of the Fee Deferral Agreement, to cover the City's reasonable administrative costs incurred in processing the fee deferral application and administering the fee deferral program. Ordinance No. NS-XXX Page 3 of 75A-5 Section 4. Form of Security for Unpaid Development Impact Fees. A. As a condition of the deferral, the City shall require the property owner, or lessee if the lessee's interest is of record, to execute prior to and as a condition of issuance of a building permit, a Fee Deferral Agreement which shall provide that the deferred development impact fees shall be paid within the time set forth in section 4.D. of this ordinance, and secured by an obligation that shall inure to the benefit of, and be enforceable by the City, evidenced by either: 1. a promissory note secured by a senior, unsubordinated recorded lien on the Subject Property which shall be enforceable against successors in interest to the property owner or lessee, releasable when the obligation is paid in full, which shall in the case of a Residential project include requirement for an escrow instruction providing for payment out of escrow from sale proceeds of the deferred fees prior to disbursing proceeds to the seller; or, at the Applicant's option, 2. an direct draw irrevocable letter of credit from the Applicant in a form approved by the City Attorney, which shall be releasable when the obligation is paid in full. B. The payment of such development impact fees shall be deemed a debt due and owing to the City at such time as set forth herein, which debt shall only be deemed satisfied and discharged upon payment in full to the City. The City may pursue collection through all available legal and administrative means including, but shall not be limited to, judicial or non-judicial foreclosure of the recorded lien against the Subject Property, a demand upon the irrevocable letter of credit, and/or civil judgment against the Applicant for breach of the Fee Deferral Agreement and/or the security provided hereunder. Section 5. Extension of Inactive Plan Check and Building Permits. A. Notwithstanding Section 3 of Ordinance No. NS-2760, amending Appendix Chapter 1, section 105.3.2 of the California Building Code, 2007 Edition, the building official may grant (i) extensions of applications for a permit for a period of up to one (1) year, and (ii) more than one extension per application, both without resubmission of plans and payment of new plan review fee. B. Notwithstanding Section 3 of Ordinance No. NS-2760, adopting Appendix Chapter 1, section 105.5 of the California Building Code, 2007 Edition, the building official may grant (i) extensions of building permits for a permit for a period of up to one (1) year, and (ii) more than one extension per permit, both without resubmission of plans and payment of new fees. Ordinance No. NS-XXX Page 4 of 6 75A-6 Section 6. Applicability. This ordinance and the incentives derived hereunder shall apply only to new development projects that have not obtained a building permit from the City at the time this ordinance is adopted by the City Council. This ordinance shall remain in effect through Monday, October 5, 2009, and as of that date is repealed unless a City Council adopts a further ordinance or resolution to extend that sunset date for an additional period not to exceed twelve (12) months. Section 7. Ordinance to Operate Exclusively. Except as set forth in this ordinance, all other provisions of the Code shall remain in full force and effect. Nothing contained in this ordinance is deemed to authorize or permit the deferral of payment of any fee or charge imposed upon Residential or Nonresidential development in the City except for those development impact fees expressly set forth in section 2 above. Section 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2008 Miguel A. Pulido Mayor Ordinance No. NS-XXX Page 5 of 75A-7 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 6 of 6 75A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2008-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE IN ORDER TO ALLOW INDOOR SPORTS FACILITIES WITHIN THE LIGHT INDUSTRIAL (M-1/~ ZONING DISTRICT _..~ / i / M ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve and adopt the Negative Declaration for Environmental Review No. 2008-127. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-03. PLANNING COMMISSION ACTION On July 28, 2008, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2008-127 and adopt an ordinance approving Zoning Ordinance Amendment No. 2008-03 by a vote of 6:0 (Alderete absent) to allow indoor sports facilities within the Light Industrial (M-1) zoning district. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. c~ 1%L.--'-~ Jay M. Trevino Executive Director Planning & Building Agency MF:rb mf/reports/zoa08-03 Indoor Recreation.cc 75B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 28, 2008 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2008-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE IN ORDER TO ALLOW INDOOR SPORTS FACILITIES WITHIN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT Prepared by Matt Foulkes Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO A ,° t ~_ Pla ing M ager 1. Approve and adopt the Negative Declaration for Environmental Review No. 2008-127. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-03. DISC_'i7SRT()N Background The City of Santa Ana has received an increasing number of inquiries regarding the opportunity to locate indoor sports facilities in the Light Industrial (M-1) Zone. Examples of these facilities include indoor soccer, batting cages and go-cart racing. The Santa Ana Municipal Code currently does not distinguish between recreational and entertainment uses, and does not permit either in industrial zones. This type of use has historically been identified as more appropriate in commercial zones and is currently permitted with a conditional use permit in the Community Commercial (C-1), General Commercial (C-2), Downtown Commercial (C-3) and Professional (P) zoning districts. While indoor entertainment and recreation will continue to be a conditionally permitted use, the evolving needs of indoor sports facilities, as well as the need to provide additional recreational opportunities, has prompted the City to evaluate the potential of allowing these uses in the light industrial zone. The addition of indoor sports facilities in the Light Industrial zone will provide benefit to both industrial property owners and the surrounding community. Industrial property owners will benefit by further EXHIBIT A 75B-2 Zoning Ordinance Amendment No. 2008-03 July 28, 2008 Page 2 diversifying the permitted uses on their properties, which will provide for access to a larger pool of potential tenants. The addition of recreational uses in the Light Industrial zone will also benefit the community by augmenting the already constrained public park system by providing residents with additional opportunities to exercise and recreate. Several nearby cities in Orange County have acknowledged the need for indoor sports facilities to locate in industrial zones and have modified their municipal codes to permit and regulate these uses. Staff presented several of these examples from other cities at the June 9, 2008 Planning Commission study session. The Commission, expressing support for the idea of providing new revenues for community recreation, directed staff to continue research and craft development standards. Analysis of the Issues As part of its research effort, staff conducted a comprehensive review and analysis of existing indoor sports facilities in surrounding Orange County Cities, namely Anaheim, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Irvine, La Habra, Lake Forest and Orange (Exhibit 1). Zoning Ordinance Amendment No. 2008-03 proposes to amend the Santa Ana Municipal Code to establish indoor sports facilities as a conditionally permitted use in the Light Industrial (M-1) Zoning District. The primary goal of the proposed ordinance is to add a new use to the Light Industrial zone without negatively impacting the existing industrial base. In order to accomplish this goal, and support Policy 1.8 of the Land Use Element of the General Plan, encouraging the development of commercial recreational facilities and services, staff has created appropriate development standards relating to parking, outdoor storage and hours of operation in order to prevent this use from having a negative impact on surrounding properties (Exhibit 2). while surrounding cities have addressed the parking requirements for indoor sports facilities on a case by case basis, this ordinance proposes to establish a parking requirement which will apply to all indoor sports uses that do not already have a parking requirement defined in the Municipal Code. The provision of an explicit parking standard will allow potential applicants to evaluate the feasibility of their project before entering into the discretionary action process. After analyzing the parking requirements of various indoor sports facilities, a parking 75B-3 Zoning Ordinance Amendment No. 2008-03 July 28, 2008 Page 3 requirement of two spaces per 1,000 square feet with a minimum of 20 parking spaces provided on site was determined to best balance the need for parking and the existing availability of parking on industrial properties. The primary concern regarding operational standards for indoor sports facilities is to prevent these uses from disturbing the existing industrial framework. To address this concern operational standards including the requirement that all activities take place within an enclosed building and that any outdoor storage of equipment or materials be fully screened by a solid block wall have been added to the proposed ordinance. The hours of operation for indoor sports facilities has also been limited to between 7:00 a.m. and 10:00 p.m. seven days a week. Although these hours of operation overlap with typical hours of operation for industrial facilities, based on other recreational facilities analyzed, the peak hours of operation will be in the evenings and on the weekends, when potential impacts to surrounding properties will be minimal. Presently, Chapter 41 of the Santa Ana Municipal Code does not separate recreational from entertainment uses. In addition to the development and operational standards, several new definitions are proposed to more clearly define indoor sporting facilities. Indoor sporting facilities will be defined as the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. The definition will also include examples of typical indoor sports to help guide its implementation in the future. In addition to these new development standards and definitions staff is recommending that indoor sports facilities require a conditional use permit in the Light Industrial zone. A conditional use permit requirement will maintain consistency with the existing requirements in the commercial zones as well as allow staff the opportunity to review each project on an individual basis and apply specific conditions unique to that site. The conditional use permit requirement will also allow the Planning Commission and the public the opportunity to review each case and provide additional conditions or comments as necessary. Based upon the above analysis and the proposal's consistency with the General Plan Policy of encouraging the private development of recreational facilities to address basic community needs, it is recommended that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2008-03. 75B-4 Zoning Ordinance Amendment No. 2008-03 July 28, 2008 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, Negative Declaration Environmental Review No. 2008-127 has been prepared for this project (Exhibit 3). The proposed addition of indoor sports facilities as a conditionally permitted use in the Light Industrial zone was found to have no significant impacts on the environment. Through the conditional use permit process any subsequent projects may be reviewed for their individual environmental compliance. ~~ Matt Foulkes Assistant Planner I MF:jm mf/reports/zoa08-03 indoor Recreation.pc Verny Carvajal Senior Planner 75B-5 Indoor Sports Facilities -Zoning Ordinance Amendment Survey of Surrounding Cities x a~ y City Name Name of Indoor Sports Recreation Type Zone Type of Permit Facilit Reviewed Re wired Anaheim American Sports Center Indoor Soccer Industrial (I) Conditional Use Permit Costa Mesa Rockreation Rock Climbing ~Geral Industrial Special Use Permit Fountain Valley Five-star Sports Academy Batting Cages M-1 (Light Industrial) Conditional Use Permit Fullerton Up Your Average Batting Cages M-P (Manufacturing Conditional Use Permit Park Garden Grove Garden Grove Arena Soccer Park Arena Soccer Open Space Conditional Use Permit Irvine K-1 Speed Irvine, LLC Go-carting IBC Multi-Use Conditional Use Permit La Habra The Hitting Zone Batting Cages M-1 (Light Conditional Use Permit Manufacturin Lake Forest Solid Rock Gym Rock Climbing M-1 (Light Industrial) Special Use Permit Orange Dromo-1 Go-carting M-2 Conditional Use Permit 41-67.9 Health clubs and gymnasiums A health club and gymnasium shall mean a commercial facility providing instruction and equipment designed to promote or improve the health of the clients. 41-79.2 Indoor sport facility. Indoor sport facility shall mean the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. Examples of indoor sport facilities include, but are not limited to physical or recreational activities requiring a large floor area such as: soccer fields, go-cart racing, batting cages, bowling alleys, or rock climbing. "Indoor sport facility" shall not include cyber cafes as defined by Section 41-45; gymnasium or health club as defined under Section 41-67.9; recreational or entertainment uses defined under Section 41-142; or slot car or radio controlled vehicles tracks. Sec. 41-472.5. Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. E ! 7~'7 Q) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (I) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Indoor sport facility, subject to development and operational standards set forth in section 41-482. 75B-8 41-482. Indoor sport facility in the M1 District In addition to the provisions of this chapter, indoor sport facilities shall comply with the following development and operational standards: (a) All business activities shall by conducted and located within an enclosed structure. (b) Any outdoor storage of equipment or materials shall be fully screened by a decorative masonry block wall. (c) No indoor sport facility shall operate before 7:00 a.m. or after 10:00 p.m. on any day of the week. (d) Ancillary uses including: meeting rooms, snack bars and equipment rental or sales are permitted within an indoor sport facility provided that their gross floor area of the ancillary use does not exceed 20% of the total building area. (e) Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation. DIVISION 4. ENTERTAINMENT AND RECREATIONAL USES AND INDOOR SPORT FACILITIES 41-1380 Unspecified entertainment or recreation uses or indoor sport facilities (a) The minimum off-street parking requirement for any entertainment or recreation use or indoor sport facility which cannot reasonably be considered within the scope of any other section within this division are as follows: two (2) spaces for each one thousand (1000) square feet of gross floor area, but in no case shall the parking be less than twenty (20) spaces. (b) The planning director shall determine which entertainment or recreation uses or indoor sport facilities are reasonably within another section of this division or are subject to the parking requirements of this section. Such determination may be appealed to the planning commission and the city council. 75B-9 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Amendment to Chapter 41 -Regulating indoor sporting facilities in the Light Industrial (M-1) zoning district within the City Project Description: The proposed project consists of the following: To amend the City of Santa Ana Municipal Code by adding new definitions, development standards and operational standards regarding indoor sports facilities citywide. Indoor sports facilities will be added as a conditionally permitted use within the Light Industrial (m-1) zoning district subject to appropriate development and operational standards. Project Location: Project Number: Public Review Period: Hearing Date: Hearing Location: Citywide ZOA 2008-03, ER 2008-127 7-23-08 to 8-11-08 7-28-08 City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 5-13-08. Please direct your comments to: Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Matt Foulkes at (714) 667- 2712. EXI~~~'~ 0 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY OF SANTA ANA PLANNING 8~ BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 wwwsanta-anaorg CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy NEGATIVE DECLARATION' Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ZOA 2008-03, ER 2008-127 Applicant: City of Santa Ana Project Location /Address: Citywide Project Title /Description: Amendment to Chapter 41 of the Santa Ana Municipal Code- regulating indoor sporting facilities in the Light Industrial zoning district. The proposed project would amend the City of Santa Ana Municipal Code to include definitions, development standards and operational standards for indoor sporting facilities. Indoor sporting facilities will be permitted with a conditional use permit in the Light Industrial zoning district and subject to applicable development and operational standards. And does hereby find: That the proposed project cannot, or will not, have a significant effect on the environment. Negative Declaration status is therefore granted for this project. No mitigation measures are required for the proposed project. Signature: Date: ~/L3 ~Y Environmental Coordinator This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 75B-11 Environmental Checklist ' CEQA Compliance PLANNING DIVISION Project Title: Amendment to Chapter 41 - Regulating indoor sporting facilities in the Light Industrial zoning district. II. Project Numbers:._ ZOA-2008-03, ER 2008-127 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Matt Foulkes (714) 667-2712 V. Project Location: Citywide VI. Project Sponsor's Name and Address: City of Santa Ana Planning Division VII. General Plan Designation: Citywide VIII. Zoning: Citywide IX. Description of Project: The proposed project would amend the City of Santa Ana Municipal Code by adding new definitions, development standards and operational standards regarding indoor sporting facilities within the light industrial zoning district. The proposed amendment would add indoor sporting facilities as a conditionally permitted use in the Light Industrial Zone subject to specified conditions. X. Surrounding Land Uses and Setting: Citywide XI. Other agencies whose approval is required. No approval is required from outside agencies. LLUA:1Development Projects\1301 E. Edinger -Indoor Soccer CUP 8 ZOAWegative Declaration Dots\Indoor Recreation -Environmental checklist and responses.doc Page 1 of 2 75B-12 Environmental Checklist ' CEQA Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. O Aesthetics O Agricultural Resources O Air Quality O Biological Resources O Cultural Resources O Geology and Soils O Hazards and Hazardous Materials O Hydrology and Water Quality O Land Use and Planning O Mineral Resources O Noise O Population and Housing O Public Services O Recreation O Transportation and Traffic O Utilities and Service Systems O Mandatory Findings of Significance Environmental Determination On the basis of this initial evaluation, I find that: A. ® The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ^ Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. ^ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ^ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -)pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ^ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. ~~z3/ ~ l Signature Date Matt Foulkes. Assistant Planner I Printed Name LLUN:\Development Projects\1301 E. Edinger- Indoor Soccer CUP & ZOAWegative Declaration Docs\Indoor Recreation -Environmental checklist and responses.doc Page 2 of 2 75B-13 Environmental Checklist CEQA Compliance Evaluation of Environmental Impacts: A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Less than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Issues & Supporting Information Sources I. Aesthetics -Would the project: Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact A. Have a substantial adverse effect on a scenic vista? ^ ^ ^ B. Damage scenic resources, including but not limited ^ ^ ^ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ^ ^ ^ D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ^ ^ ^ 75B-14 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ^ ^ ^ Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) B. Conflict with existing zoning for agricultural use or a ^ ^ ^ Williamson Contract? C. Involve other changes in the existing environment ^ ^ ^ which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? III. Air Quality -Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of ^ ^ ^ applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or ^ ^ ^ contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase ^ ^ ^ of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ ^ ^ concentrations? 75B-15 i 1 " ~~~ Environmental Checklist 1 1 CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact E. Create objectionable odors affecting a substantial ^ ^ ^ number of people? IV. Biological Resources -Would the project: A. Have a substantial adverse impact, either directly ^ ^ ^ or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian ^ ^ ^ habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands ^ ^ ^ (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances ^ ^ ^ protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources -Would the project: A. Cause a substantial adverse change in the ^ ^ ^ significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the ^ ^ ^ significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique ^ ^ ^ paleontological resource or site? 75B-16 i i " ~~~ Environmental Checklist ~~ CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues ~ Supporting Information Sources Impact Incorporated Impact Impact D. Disturb any human remains, including those ^ ^ ^ interred outside of formal cemeteries? VI. Geology and Soils -Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as ^ ^ ^ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? ^ ^ ^ 3. Seismic-related ground failure, including ^ ^ ^ liquefaction? 4. Landslides? ^ ^ ^ B. Would the project result in substantial soil erosion ^ ^ ^ or the loss of topsoil? C. Would the project result in the loss of a unique ^ ^ ^ geologic feature? D. Is the project located on strata or soil that is ^ ^ ^ unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? E. Where sewers are not available for the disposal of ^ ^ ^ wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? 75B-17 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials -Would the project: Less than Significant Potentially with Significant Mitigation Impact Incorporated A. Create a significant hazard to the public or the ^ environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or ^ acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of ^ hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan ^ or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality -Would the project: A. Violate Regional Water Quality Control Board water ^ quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or ^ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant No Impact Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ C. Substantially alter the existing drainage pattern of ^ ^ ^ the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? Issues ~ Supporting Information Sources Potentially Less than Less Than No 75B-18 Environmental Checklist CEQA Compliance igni scant igni scant igni scant mpact Impact with Impact Mitigation Incorporated D. Create or contribute runoff water which would ^ ^ ^ exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? ^ ^ ^ F. Place housing within a 100-year floodplain, as ^ ^ ^ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which ^ ^ ^ would impede or redirect flood flows? H. Expose people or structures to a significant risk of ^ ^ ^ loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to ^ ^ ^ receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water ^ ^ ^ quality during or following construction? K. Could the proposed project result in increased ^ ^ ^ erosion downstream? L. Result in increased impervious surfaces and ^ ^ ^ associated increased runoff? M. Create a significant adverse environmental impact ^ ^ ^ to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as ^ ^ ^ listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? 75B-19 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact O. Tributary to other environmentally sensitive areas? ^ ^ ^ If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact ^ ^ ^ on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on ^ ^ ^ groundwater quality? R. Cause or contribute to an exceedance of applicable ^ ^ ^ surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? ^ ^ ^ IX. Land Use and Planning -Would the project: A. Physically divide an established community? ^ ^ ^ B. Conflict with any applicable land use plan, policy, or ^ ^ ^ regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation ^ ^ ^ plan or natural community conservation plan? X. Mineral Resources -Would the project: A. Result in the loss of availability of a locally- ^ ^ ^ important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 75B-20 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XI. Noise -Would the project result in: A. Exposure of persons to or generation of noise ^ ^ ^ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ^ ^ ^ groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise ^ ^ ^ levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ^ ^ ^ ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan ^ ^ ^ or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing -Would the project: A. Induce substantial population growth in an area, ^ ^ ^ either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, ^ ^ ^ necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, ^ ^ ^ necessitating the construction of replacement housing elsewhere? 75B-21 Environmental Checklist CEQA Compliance ess tan Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 1. Fire protection? ^ ^ ^ 2. Police protection? ^ ^ ^ 3. Schools? ^ ^ ^ 4. Parks? ^ ^ ^ 5. Other public facilities? ^ ^ ^ XIV. Recreation A. Would the project increase the use of existing ^ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or ^ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ^ ^ ^ ^ XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ^ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? ^ ^ 75B-22 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact B. Exceed, either individually or cumulatively, a level ^ ^ ^ of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ^ ^ ^ either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature ^ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? ^ F. Result in inadequate parking capacity? ^ G. Conflict with adopted policies supporting alternative ^ transportation (e.g., bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the ^ applicable Regional Water Quality Control Board? B. Require or result in the construction of new water ^ or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm ^ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the ^ project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater ^ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 75B-23 Environmental Checklist CEQA Compliance ess tan Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact F. Is the project served by a landfill with sufficient ^ permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and ^ regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects.) C. Does the project have environmental effects which ^ will cause substantial adverse effects on human beings, either directly or indirectly? ^ ^ ^ ^ 75B-24 Responses to Environmental Checklist For CEQA Compliance The following is an analysis of potential environmental impacts associated with the proposed project based upon the City of Santa Ana Environmental Checklist. The analysis incorporates by reference information from the environmental impact report for the Santa Ana General Plan Land Use Element (EIR No. 97-1 ). REQUEST The proposed project is a request to amend the City of Santa Ana Municipal Code to establish an ordinance to define and regulate massage establishments and massage technician permits citywide. PROJECT DESCRIPTION The proposed amendment to the Municipal Code would establish new definitions and regulations for the operation of massage establishments and massage technician permits. These new regulations would establish location criteria as well as development and operational standards for this new use. RESPONSES TO ENVIRONMENTAL CHECKLIST The following is an analysis of potential environmental impacts associated with the proposed amendment to the Municipal Code to establish an ordinance to regulate massage establishment uses. The analysis is based upon the City of Santa Ana Environmental Check List. The analysis focuses on impacts associated with approval of the proposed amendment to the municipal code. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in adverse impacts to any scenic vista, or scenic resource, in that future indoor recreation facilities implemented under the proposed ordinance would not be located in areas that contain scenic vistas. Additionally, through the City's development review process, proposed indoor sporting facilities implemented under the amended zoning ordinance would be evaluated for potential aesthetic impacts. Where needed, mitigation measures would be required to minimize potential aesthetic impacts. C. Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact 75B-25 Responses to Environmental Checklist For CEQA Compliance Approval o t e proposed amen ments to the Municipal ode to establish an ordinance or the regulation of indoor recreation facilities would not degrade the visual character of the City, in that the proposed ordinance would establish criteria to help minimize potential visual impacts associated with location and operation of indoor sporting facilities. Through the conditional use permit process, proposed indoor sporting facilities would be subject to planning review to ensure compliance with the standards established in the proposed ordinance as well as evaluated for potential aesthetic impacts. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impact The proposed amendment to the Municipal Code to regulate indoor sporting facilities would not introduce substantial amounts of new light and glare impacts, in that the proposed ordinance would establish criteria to regulate onsite lighting. Additionally, indoor sporting facilities permitted under the proposed ordinance would typically be located in existing industrial areas with onsite or nearby street lighting. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non- agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Approval of the proposed amendment to the Municipal Code to regulate indoor sporting facilities would not result in impacts to agricultural resources, in that the proposed ordinance would not permit indoor sporting facilities in areas that contain Prime Farmlands or Unique Farmlands. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and local general plans. The proposed zoning ordinance 75B-26 Responses to Environmental Checklist For CEQA Compliance amen ments would not have any a ect on the growt protections in the itys eneral Plan. There ore, approval of the proposed ordinance would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? D. Expose Sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? No Impact Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in any short-term construction related or long-term operational air quality impacts or odor impacts, in that approval of the proposed ordinance would not involve any activities that would emit long-term or short-term air quality emissions or odor pollutants. Through the land-use certificate and conditional use permit process future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential long-term and short-term air quality impacts and odor impacts. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact According to the City's Updated General Plan Land Use Element EIR and the California Department Fish and Game Natural Diversity Data Base, there is a limited amount of sensitive biological resources within the City. Approval of the proposed ordinance amendments would not result in any adverse impacts to any sensitive biological resources, in that the proposed ordinance would not permit indoor sporting facilities in areas that contain sensitive biological resources. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? 75B-27 Responses to Environmental Checklist For CEQA Compliance C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the City's General Plan Land Use Element EIR, the City of Santa Ana is known to contain cultural resources. Additionally, according to the General Plan Land Use Element EIR there is high probability that unknown cultural resources may exist in the City. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in impacts to any cultural resource, in that approval of the proposed ordinance would not involve any activities that would disturb known or unknown cultural resources. Through conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential impacts to known and unknown cultural resources. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? A-2. Strong Seismic Ground shaking? A-3. Seismic-related ground failure, including liquefaction? A-4. Landslides No Impact According to the City's General Plan Land Use Element EIR there are no active earthquake faults, Alquist- Priolo Earthquake Zones or landslides within the City. However, several active faults are located within fifty miles of the City. In the event a moderate to high earthquake occurs along one of these faults, portions of the City could experience moderate seismic shaking impacts. However, the seismic risks in Santa Ana are similar to other areas in the southern Californian region. Additionally, according to the General Plan Land Use Element EIR, the potential for liquefaction hazards within the City ranges from very low to very high. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not increase the potential for seismic impacts, and liquefaction impacts, in that the approval of proposed ordinance would not involve the development of any structures that would be subject to seismic shaking impacts or liquefaction hazards. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential seismic risks. B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in or increase the potential for soil erosion or sedimentation impacts, in that the approval of the proposed ordinance would not involve any activities that would disturb soils. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. 75B-28 4 Responses to Environmental Checklist For CEQA Compliance C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR there are no known geological hazards or unique geologic features in the City. Therefore, approval of the proposed ordinance amendments would not result in the loss of any unique geologic features. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact According to the City's General Plan Land Use Element EIR, Santa Ana contains a wide variety of soil types and associated geotechnical constraints. Approval of the proposed ordinance amendments would not involve the construction of any structures that would be subject to geotechnical constraints. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential soil constraints. Additionally, future indoor sporting facilities implemented under the proposed ordinance would be required to use sewer systems. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed ordinance amendments would not result in the creation of or increase the potential of any significant hazardous material impacts to the public, in that the approval of the proposed ordinance would not involve any activities that would include the handling, storage or distribution of hazardous materials or emit hazardous emissions. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed amendments to the Municipal Code would not increase the potential for safety hazards for people residing in or working within the City. 75B-29 Responses to Environmental Checklist For CEQA Compliance HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? I. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact The City of Santa Ana is included within four watersheds; San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana does not contain any impaired water bodies, as defined by Section 303 of the Clean Water Act. However, the City does contain several drainage facilities that convey surface water runoff into bodies of water that are classified as impaired. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not directly involve routine waste discharges that would be in conflict with water quality standards established by the State Regional Water Quality Control Board, in that the approval of the proposed ordinance would not involve any long term operations or construction activities that would involve the discharge of water. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact The City of Santa Ana receives 66% of its water from underground water supplies. The underground water basin in the City ranges from -50-feet to +40-feet above sea level. Presently, the City pumps underground water from 21 water wells. Fourteen of the water wells pump ground water into small surface reservoirs. The remaining seven water wells pump underground water into the City's distribution system. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in adverse impacts to underground water supplies or prevent the recharge of underground water supplies, in that approval of the proposed ordinance would not involve any activities that would impact underground water supplies or provide impervious surfaces that would prevent the recharge of underground water supplies. 75B-30 Responses to Environmental Checklist For CEQA Compliance C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run- off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. No Impact The City of Santa Ana has a Master Plan of Drainage to guide the construction of adequate drainage facilities in the City. The facilities include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facilities are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not alter existing drainage patterns or increase existing rates of surface water runoff, in that approval of the proposed ordinance would not introduce additional impervious surfaces or involve the development of any activities that would impact existing drainage patterns. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential drainage impacts. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The City's General Plan identifies that portions of Santa Ana are within the 100-year flood Zone. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not facilitate development within areas subject to 100-year flood risks. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Approval of the proposed ordinance would not result in erosion impacts, in that the proposed amendments would not involve any construction activities that would disturb or uncover soils to facilitate erosion impacts. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. 75B-31 Responses to Environmental Checklist For CEQA Compliance O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? S. Impact aquatic, wetland or riparian habitat? No Impact According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the City. However, the City does contain several drainage systems that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed ordinance would not result in any activities that would discharge pollutants into sensitive downstream marine resources. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. LAND USE/PLANNING A. Physically divide an established community? No Impact The proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would provide location criteria and operational standards to ensure that indoor sporting facilities would not encroach into or physically divide any established communities or neighborhoods in Santa Ana. No adverse land use impacts would be associated with the approval of the proposed ordinance. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? No Impact The proposed project would amend the City's Municipal Code by establishing an ordinance that provides criteria for the location and operation of indoor sporting facilities. Approval of the proposed ordinance would not be in conflict with the City's General Plan or any other relevant planning program in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, there are no habitat conservation plans or natural community conservation plans established within the City of Santa Ana. Therefore, approval of the proposed ordinance would not be in conflict with any habitat conservation or natural community conservation plan. 75B-32 Responses to Environmental Checklist For CEQA Compliance MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact The City's General Plan Land Use Element EIR identifies that there are no areas in Santa Ana that contains Significant Mineral Aggregate Resource Areas. Therefore, approval of the proposed ordinance would not result in adverse impacts to any significant mineral resource. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. B. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. C. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in any long-term noise or ground borne vibration impacts, in that the proposed ordinance would not involve any activities that would emit long term operation noise impacts or short term construction related noise impacts. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential noise impacts and would be subject to the City's noise standards. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact According to the Orange County Airport Environs Land Use Plan portions of Santa Ana are impacted by aircraft noise. Approval of the amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not facilitate development within areas impacted with aircraft noise. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential aircraft noise impacts and would be subject to the City's noise standards. POPULATION/HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. 75B-33 9 Responses to Environmental Checklist For CEQA Compliance C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not induce substantial growth in the City or displace substantial numbers of existing housing or population, in that approval of the proposed ordinance would not involve any activities that would generate additional population or displaces homes and/or population. PUBLIC SERVICES Fire Protection, Police Protection, Schools, Parks, Other Public Facilities No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not increase the demand for additional public services over current levels of service being provided in the City, in that the approval of the proposed ordinance would not involve any activities that would substantially increase the demands for public services. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential public service impacts. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact Approval of the proposed ordinance would not increase the use of any recreational facilities or result in the significant need for additional recreational facilities, in that the proposed ordinance would not involve any activities that would increase the demands for recreational facilities. The proposed ordinance would in fact likely reduce the demand on recreational facilities by providing additional indoor facilities to serve the City's need for recreation. No adverse impacts to recreation facilities would be associated with the approval of proposed ordinance. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature 75B-34 10 Responses to Environmental Checklist For CEQA Compliance E. Result in inadequate emergency access F. Result in inadequate parking capacity G. Conflict with adopted policies supporting alternative transportation No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not have an impact on traffic volumes, roadway configurations, parking capacities, emergency access or level of services established in the County of Orange Congestion Management Plan, in that the proposed ordinance would not involve any activities that would generate additional traffic or parking needs. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential traffic, circulation and parking impacts. UTILITIES/SERVICE SYSTEMS A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not increase the demand for additional utilities and service systems over current levels of service being provided in the City, in that the proposed ordinance would not involve any activities that would increase the demands for utility systems. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential impacts to utility service systems. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 75B-35 11 Responses to Environmental Checklist For CEQA Compliance No Impact The proposed ordinance would not have a direct impact on any plant or wildlife species or historical property in Santa Ana, in that the proposed ordinance would not involve any activities that would impact plant, wildlife or historic resources or degrade the quality of the environment. B. Does the project have impacts that are individually limited but cumulatively considerable? No Impact Approval of the proposed ordinance would not result in any significant cumulative impacts, in that the proposed ordinance would not involve any activities that would result in cumulative impacts to the environment. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact Approval of the proposed ordinance would not cause any substantial adverse effects on human beings, in that the proposed ordinance would not involve any activities that would result in adverse effects to human beings or the environment. XVIII. DETERMINATION Based upon the evidence in light of the whole record documented in the above evaluation and cited references, I find that the proposed project would not have a significant impact on the environment and a Negative Declaration has been prepared. XVIV. REFERENCES City of Santa Ana General Plan, 1997 City of Santa Ana, General Plan EIR, 1997 California Environmental Quality Act Guidelines California Department of Conservation Farmland Mapping and Monitoring Program South Coast Air Quality Management District Air Quality Management Plan California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan XX.PREPARER 75B-36 12 Responses to Environmental Checklist For CEQA Compliance att Foulkes, Assistant Planner I, ity o anta Ana 75B-37 13 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING STANDARDS FOR INDOOR SPORT FACILITIES (ZOA 2008-03) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana has received an increasing number of inquiries regarding the opportunity to locate indoor sports facilities in the Light Industrial (M-1) Zone. B. The addition of recreational uses in the Light Industrial zone will benefit the community by augmenting the already constrained public park system by providing residents with additional opportunities to exercise and recreate. C. On July 28, 2008, the Planning Commission held a duly noticed public hearing and by a vote of 6:0 (Alderete absent) voted to recommend that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2008-127 and to amend the Santa Ana Municipal Code, Chapter 41 to allow indoor sports facilities within the Light Industrial (M-1) zoning district. D. On August 18, 2008, the City Council held a duly noticed public hearing regarding approving and adopting Negative Declaration for Environmental Review No. 2008-127 and Zoning Ordinance Amendment No. 2008-03 to amend the Santa Ana Municipal Code, Chapter 41 to allow indoor sports facilities within the Light Industrial (M-1) zoning district. Section 2. The City Council has reviewed and considered the information contained in the initial study and Negative Declaration No. 2008-127 prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Ordinance No. NS-XXXX Page 1 of 6 75B-38 Section 3. Section 41-67.9 is hereby added to the Code to read as follows: Sec. 41-67.9 Health clubs and gymnasiums. A health club and gymnasium shall mean a commercial facility providing instruction and equipment designed to promote or improve the health of the clients. Section 4. Section 41-79.2 is hereby added to the Code to read as follows: Sec. 41-79.2 Indoor sport facility. Indoor sport facility shall mean the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. Examples of indoor sport facilities include, but are not limited to physical or recreational activities requiring a large floor area such as: soccer fields, go-cart racing, batting cages, bowling alleys, or rock climbing. "Indoor sport facility" shall not include cyber cafes as defined by Section 41-45; gymnasium or health club as defined under Section 41-67.9; recreational or entertainment uses defined under Section 41-142; or slot car or radio controlled vehicles tracks. Section 5. Section 41-472.5 is hereby amended to read as follows: Sec. 41-472.5. Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41- 472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. Ordinance No. NS-X)CXX Page 2 of 6 75B-39 (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. (j) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (I) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. Ordinance No. NS-XXXX Page 3 of 6 75B-40 (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Indoor sport facility, subject to development and operational standards set forth in section 41-482. Section 6. Section 41-482 is hereby added to the Code to read as follows: Sec. 41-482. Indoor sport facility in the M1 District. In addition to the provisions of this chapter, indoor sport facilities shall comply with the following development and operational standards: (a) All business activities shall by conducted and located within an enclosed structure. (b) Any outdoor storage of equipment or materials shall be fully screened by a decorative masonry block wall. (c) No indoor sport facility shall operate before 7:00 a.m. or after 10:00 p.m. on any day of the week. (d) Ancillary uses including: meeting rooms, snack bars and equipment rental or sales are permitted within an indoor sport facility provided that their gross floor area of the ancillary use does not exceed 20% of the total building area. (e) Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation. Section 7. Chapter 41, Article XV, Division 4 is hereby amended to read as follows: DIVISION 4. ENTERTAINMENT AND RECREATIONAL USES AND INDOOR SPORT FACILITIES Section 8. Section 41-1380 is hereby added to the Code to read as follows: Sec. 41-1380. Unspecified entertainment or recreation uses or indoor sport facilities. Ordinance No. NS-XXXX Page 4 of 6 75B-41 (a) The minimum off-street parking requirement for any entertainment or recreation use or indoor sport facility which cannot reasonably be considered within the scope of any other section within this division are as follows: two (2) spaces for each one thousand (1000) square feet of gross floor area, but in no case shall the parking be less than twenty (20) spaces. (b) The planning director shall determine which entertainment or recreation uses or indoor sport facilities are reasonably within another section of this division or are subject to the parking requirements of this section. Such determination may be appealed to the planning commission and the city council. Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 10. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of August, 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Ordinance No. NS-XXXX Page 5 of 6 75B-42 By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 6 of 6 75B-43 75B-44 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: AUGUST 18, 2008 TITLE: JOINT PUBLIC HEARING - SALE OF AGENCY- OWNED PROPERTY (FY08-09) 626-628 E. SANTA ANA BLVD., 809'-z E. SANTA ANA BLVD., 630 N. GARFIELD ST., 604 N. LACY ST. 1 ,' ~', f ~~. CITY MANAGER EXECUTIVE= IRECTOR RECOMMENDED ACTION CITY COUNCIL CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUME3ER 1. Approve an appropriation adjustment repaying a loan from the General Fund and transferring the same to the Capital Outlay Fund, and recognizing the proceeds from the sale of properties and appropriating the same into the Merged Housing Set Aside Fund. 2. Authorize the City Manager to execute all required documents for the acquisition of real property located at 626-628 E. Santa Ana Blvd.,. 809% E. Santa Ana Blvd., 630 N. Garfield St. and 604 N. Lacy St. from the Santa Ana Community Redevelopment Agency for the amount of $373,000 plus normal escrow closing costs. 3. Adopt a resolution making certain findings with respect to the consideration to be received by the Community Redevelopment Agency pursuant to a Purchase and Sale Agreement between the Agency and the City for the sale of various properties: 626-628 E. Santa Ana Blvd., 8091-~ E. Santa Ana Blvd., 630 N. Garfield St. and 604 N. Lacy St. and authorizing the City Manager to execute all required documents. 80A-1 Joint Public Hearing - Sale of Agency Owned Properties August 18, 2008 Page 2 COMMUNITY REDEVELOPMENT AGENCY 1. Authorize a $373,000 loan repayment from the Merged Project Areas Capital Improvements account to the General Fund. 2. Adopt a resolution authorizing the sale of Agency-owned property located at 626-628 E. Santa Ana Blvd., 809' E. Santa Ana Blvd., 630 N. Garfield St. and 604 N. Lacy St. to the City of Santa Ana and authorizing the Executive Director to execute all required documents. DISCUSSION The Community Redevelopment Agency has purchased a number of properties over the years for the development of very low-, low- and moderate- income housing. California Community Redevelopment Law restricts the length of time an Agency may hold land for future development to ten years. Currently, the Agency owns five lots that will exceed this deadline during the 2008-09 fiscal year. The lots are located at 626-628 E. Santa Ana Blvd., 809' E. Santa Ana Blvd., 630 N. Garfield St. and 604 N. Lacy St. In order to comply with State law, the Community Redevelopment Agency will sell these properties (Exhibit 1) to the City of Santa Ana for their total appraised value of $373,000. The intent is to ultimately develop these sites in a manner consistent with the surrounding neighborhood. ENVIRONMENTAL COMPLIANCE In accordance with the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption No. ER 2008-138 will be filed for this project. 80A-2 Joint Public Hearing - Sale of Agency Owned Properties August 18, 2008 Page 3 FISCAL IMPACT Funds for the acquisition of this property are available in the Capital Outlay Fund Non-Departmental Land account (account no. 051-012-6611). Proceeds from the sale of the property to the City of Santa Ana will be deposited in the Agency's Housing Set-Aside Sale of Land account (account no. 507-01-5721). APPROVED AS TO FUNDS AND ACCOUNTS: ~' ~ , ~_ - ~ c.~ ~ ~ -L-~ ~~,r' Shelly andry-Bayle Francisco Gutierrez Housing Manager Executive Director Community Development Agency Finance and Management Services CJN/SLB/mlr 081809 JT P H CC-CRA SaleMultiProps 80A-3 626 & 628 E. Santa Ana Blvd. 849 112 E. Santa Ana Blvd. Q 630 N. Garfield St. I Q 604 N. Lacy St. Exhibit 1 80A-4 7/28/08 LES RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SALE OF AGENCY-OWNED PROPERTY LOCATED AT 626-628 E. SANTA ANA BOULEVARD, 809 %2 E. SANTA ANA BOULEVARD, 630 N. GARFIELD STREET, AND 604 N. LACY STREET TO THE CITY OF SANTA ANA; AUTHORIZING THE DEPUTY CITY MANAGER FOR DEVELOPMENT SERVICES TO EXECUTE DOCUMENTS AS NECESSARY; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO, ON BEHALF OF THE CITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Sections 33334.2(a) and 33334.6(c) of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et seg.) not less than 20 percent of all taxes which are allocated to the Community Redevelopment Agency of the City of Santa Ana ("Agency") are set aside by the Agency in a Low- Moderate-Income Housing Fund and used by the Agency for the purpose of increasing, improving and preserving the community's supply of low and moderate housing available at affordable housing costs to persons and families of low- and moderate-income, including very-low- income persons. B. The Agency has purchased a number of properties over the years for the development of such low and moderate income housing. C. California Community Redevelopment law (Health and Safety Code section 33334.16) currently restricts the length of time that an Agency can hold land for future development to ten years. The properties located at 626-628 E. Santa Ana Boulevard, 809 '/Z E. Santa Ana Boulevard, 630 N. Garfield Street and 604 N. Lacy Street ("the Property") will soon exceed the legal time limit. D. The Agency proposes to sell the Property to the City of Santa Ana at the current appraised values, pursuant to the terms and provisions of a Purchase/Sale Agreement (hereinafter referred to as the "Agreement"). E. The City has duly considered all of the terms and conditions of the proposed sale, and believes that the proposed sale is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purpose and provisions of applicable state and local laws and requirements. F. The City and Agency held a public hearing on the proposed Project and the Agreement 80A-5 as required by Section 33433 of the Community Redevelopment Law, after having duly provided notice of such public hearing in accordance with state law. G. The proposed sale of the Property is exempt from further review and in accordance with the California Environmental Quality Act, categorical exemption ER No. 2008-138 will be filed for these projects. H. The City recognizes that it has received and heard all oral and written objections to the proposed sale of the Property, and to other matters pertaining to these transactions, and that all such oral and written objections are hereby overruled. I. The City hereby finds and determines that the information set forth herein is true and correct. J. The City hereby finds and determines that the sale of the Property will bring the Agency into compliance with Redevelopment law. K. The City hereby approves the sale and purchase of the Property. Section 2. The Deputy City Manager for Development Services or his/her designee is hereby authorized, on behalf of the City, to execute such documents that are to be signed by the City in connection with the sale and purchase, and to make such changes of anon-substantive nature to such documents as the Deputy City Manager for Development Services shall deem appropriate. A copy of any such documents, when executed, shall be placed on file in the office of the Clerk of the Council. Section 3. The Deputy City Manager for Development Services is hereby authorized, on behalf of the City, to sign all documents necessary and appropriate to carry out and implement the sale and to administer the City's obligations, responsibilities and duties to be performed. Section 4. Proceeds of the sale of said Property to the City shall be deposited into the Agency's Housing Set-Aside fund. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 2 80A-6 ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN NOT PRESENT Councilmembers: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 3 80A-7 © 626 & 628 E. Santa Ana Bivd. 809 112 E. Santa Ana Blvd. ~~ Q 630 N. GarfEeld St. i (,~ 604 N. Lacy St. Exhibit 1 80A-8 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: AUGUST 18, 2008 TITLE: JOINT PUBLIC HEARING - DISPOSITION AND DEVELOPMENT AGREEMENT WITH ORANGE COUNTY COI~iIJNI TY HOUSING CORPORATION FOR 10 0 6 , 1012 AND 1015 LOGAN CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution regarding the sale of 1006, 1012 and 1015 Logan Street to Orange County Community Housing Corporation for the development of three affordable single-family homes. CONIl~lUNITY REDEVELOPMENT AGENCY Adopt a resolution approving a Disposition and Development Agreement between the Community Redevelopment Agency and Orange County Community Housing Corporation for the development of three single-family homes at 1006, 1012 and 1015 Logan Street. CONIl~liTNITY REDEVELOPMENT AND HOUSING CONII~IISSION ACTION At its Regular Meeting of July 15, 2008, by a vote of 4:0 (Reyna, Villasenor absent), the Community Redevelopment and Housing Commission recommended that the Community Redevelopment Agency adopt a resolution approving a Disposition and Development Agreement between the Community Redevelopment Agency and Orange County Community Housing Corporation for the development of three single-family homes at 1006, 1012 and 1015 Logan Street. 80B-1 Joint Public Hearing - DDA with OCCHC for Logan Property August 18, 2008 Page 2 DISCUSSION In August 2004, the Community Redevelopment Agency acquired 1006, 1012 and 1015 Logan Street (Exhibit 1) to develop affordable homeownership opportunities and support residential land uses in the Logan Neighborhood. The Community Redevelopment Agency has been working with Orange County Community Housing Corporation (OCCHC) to develop three detached single- family homes in the Logan Neighborhood. OCCHC is a nonprofit corporation created for the purpose of developing affordable housing for families. OCCHC proposes partnering with general contractor Hope Builders, a subsidiary of Taller San Jose and Neighborhood Housing Services of Orange County (NHSOC) OCCHC will contract with Hope Builders for the construction of the homes. This will provide job training opportunities for residents served by Taller San Jose. NHSOC will market and sell the homes. The homes will be sold through a lottery to households earning eighty percent of the area median income. Priority will be given to households who live or work in the City. The term of affordability covenants will be 45 years. Under the proposed actions, the Community Redevelopment Agency will: 1) sell 1006, 1012 and 1015 Logan Street to OCCHC for $535,000; and 2) provide construction financing including soft costs, not to exceed $1,553,400 (Exhibit 2). The homes have been designed to ensure compatibility with the neighborhood and will consist of one, three- bedroom, two bathroom home with a detached two-car garage and two, four- bedroom, three bathroom homes with detached two-car garages (Exhibit 3). Front yard landscaping will be included in the development. The total construction costs reflect site excavation for one of the lots and enhanced features for sound attenuation for all of the units. The homebuyer will be responsible for securing the financing for the First Trust Deed. The first time homebuyers will execute a zero- interest promissory note and trust deed (silent second) with the Community Redevelopment Agency. The amount of the note will be equal to the difference between the fair market value of the home and the affordable sales price at the time of completion. The current affordable sales price is $160,600 for the three-bedroom and $172,200 for the four-bedroom houses. The proceeds from the sale of the homes will be paid to the Community Redevelopment Agency. All subsequent homeowners must also meet income eligibility requirements. 80B-2 Joint Public Hearing - DDA with OCCHC for Logan Property August 18, 2008 Page 3 Construction of these homes will assist the Community Redevelopment Agency in meeting their replacement and inclusionary housing obligations and will assist the City in meeting the Regional Housing Needs Assessment (RHNA) goals identified in the Housing Element. On August 4 and August 11, 2008, notification was published in the Orange County Reporter that a public hearing will be held with regard to the proposed sale of the property located at 1006, 1012 and 1015 Logan Street to the Orange County Community Housing Corporation. CEQA COMPLIANCE In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per Section 15061(b)(3) as the project will not have a significant effect on the environment. General Rule Exemption Environmental Review No. 2008-137 will be filed for this project. FISCAL IMPACT Funds are available in the Tax Increment Housing Set-Aside fund (account no. 507-936-6621). Proceeds from the sales of the homes shall be deposited in the Tax Increment Housing Set-Aside Sale of Land Revenue fund (account no. 507-01-5721). APPROVED AS TO FUNDS AND ACCOUNTS: -~ ~, , ~L~iG!~Z%~~~LGC ~!~~C~%~~ _ n Shelly ndry-Ba l ,(~'~ncisco Gutierrez Housing Manager executive Director Community Development Agency Finance and Management Services CJN/SLB/mlr 081808 JT P H CC-CRA DDA OCCHC Logan 80B-3 N W W F- CA W N N U STAFFORD F- W W H C!? Z Q C~ O J W Z W Q Z J U Z J 'rl~~ 1006, 1012 & 1015 Logan Street Exhibit 1 80B-4 STREET Project Development Budget for 1006, 1012 & 1015 Logan Street Exhibit 2 Hard Costs Soft Costs OCCHC Developer Fees Total Development Cost $ 1,189,500 $ 303,900 60,000 $1,553,400 80B-5 x x N• t~ ~~ ~r w Taller San Jose 810 North Poinsettia Santa Ana, CAp 9270r~1 ~ 2 4 8 12 LOGAN SITE Kevin L. Crook Architect, Inc. 1.29.07 www.klcarch.com #oa°55 PLAN 1A ~~~----. ~. r. ~...w.~., r.w r..,~ ~- .~-......+r.... y+... r...~~ ~ ti.. r.+~,wM w.r ^++•iti~er wrr. ~a ~~~i rr~i~/~4~wiHr~wrrw`a~wwtrrr Taller San Jose 810 North Poinsettia Santa Ana, CA 92701 0 2 4 8 12 LOGAN SITE °55 PLAN 2A 12907 Kevin L. Crook Architect, Inc. www.klcarch.com r.r~wn~ra,~wr rr.y yY~rr r1.rr~~~r M~.r+~wrrr~rrti~~ rt+~.rMw.~,+ir~w~W4r rrr~W~r~rlr ~. w.MrW,.I~W r~e.~wtw~r Taller San Jose 810 North Poinsettia Santa Ana, CA 92701 0 2 4 8 12 LOGAN SITE Kevin L. Crook Architect, Inc. 1.29.07 www.klcarch.com ~°'°55 PLAN 2B .. ~.-..-....--n- ay~~.WHrr~lr~~r~w ~~Ylr r~~~~~rYl~~ Y~i 1~y w1.t`~ ~~~~~rr~~~w,~• HYW r~uYr{4~r PLAN 1 F~ooa aura AREA TABULATION ;m~ Mu- ,,,,~ ~ L O G A N SIT E MOa055 11.8.06 Taller San Jose Kevin L. Crook Architect, Inc. 810 North Poinsettia "n° "'~s<°9j s " s5ei r°~'.°(9a9) 66°-s5e9 Santa Ana, CA 92701 ° °" - ~~~~ ~ J GARAGE PLAN 2 FIRST FLOOR PLAN AREA TABULATION '~,__ LOGAN SITE M°a°55 11.6.°6 Taller San Jose Kevin L. Crook Architect, Inc. 810 North Poinsettia "n°.R.`~s si eso=~ee~ ~o':°tssi`66°o--°~ea Santa Ana, CA 92701 F ° ° w.e.x.:....wmo~~n.c.m O 2 d A t~ .......n. ~--,..~~:..~.~~.~~..............r... 80B-10 PLAN 2 SECOND FLOOR PLAN LOGAN SITE ~~s ,, s.~ Taller San Jose Kevin L. Crook Architect, Inc. 810 North Poinsettia ~vnone"(969) sad=isei folm°(9d9) 660-1589 Sonta Ana, CA 92701 ,e,;1„ „ 80B-11 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND ORANGE COUNTY COMMUNITY HOUSING CORPORATION FOR THE SALE OF CERTAIN REAL PROPERTY AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Redevelopment Projects, including strengthening of public-private partnerships to provide more affordable housing, and particularly to provide decent, safe, sanitary, and affordable housing to the lower income citizens of the City of Santa Ana. B. In order to implement the Redevelopment Plan, the Agency proposes to sell said real property located at 1006, 1012 and 1015 Logan Street (the Properties) pursuant to the terms and provisions of a Disposition and Development Agreement (hereinafter referred to as the "Agreement") between the Agency and Orange County Community Housing Corporation, anon-profit, public benefit corporation, which is on file in the office of the Executive Director of the Agency. C. Orange County Community Housing Corporation proposes partnering with general contractor Hope Builders, a subsidiary of Taller San Jose and Neighborhood Housing Services of Orange County to construct and sell these homes to qualified households. The term of 80B-12 affordability on each of the three homes will be forty-five years. D. The consideration for the Properties is not less than the fair market value of the land at the use and with the long term affordability covenants and conditions and development costs authorized by the sale. E. The Agreement contains all of the provisions, terms, conditions and obligations required by the state and local laws, as well as long-term affordability covenants benefiting the Agency. F. Orange County Community Housing Corporation possesses the qualifications and financial resources necessary to acquire and insure development of the Properties as a three single-family homes to be sold to qualified low income families in accordance with the purpose and objectives of the Redevelopment and Implementation Plan. G. Pursuant to the provisions of the California Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed sale of the Properties in compliance with Health and Safety Code section 33433. Section 2. The City Council has considered all terms and conditions of the proposed sale to Orange County Community Housing Corporation and hereby finds and determines that the sale and development of the Properties pursuant to the Agreement is in the best interest of the City of Santa Ana and the health, safety and welfare of its residents, and is in accord with the public purpose and provisions of the applicable state and local laws. Section 3. The City Council hereby finds and determines that the consideration for the sale of the Properties pursuant to the Disposition and Development Agreement is not less than the fair market value of the Properties determined in accordance with the covenants and conditions governing the sale. Section 4. The sale of the Properties by the Agency to Orange County Community Housing Corporation upon the terms and conditions contained in the Agreement is hereby approved. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 2 80B-13 ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 3 80B-14