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HomeMy WebLinkAbout FULL PACKET_2014-04-15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 1, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:15 p.m.) SAL TINAJERO, Mayor Pro Tern (5:31 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES (5:12 p.m.) MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:10 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: CITY COUNCIL MINUTES 1 APRIL 1, 2014 1 0A -1 2. I . People /City v. Mark Burcaw, et al., 651 E. Edinger Ave.; Case No. 30- 2012 - 00567205 2. People /City v. Burcaw Family Trust, 1638 E. 17th St.; Case No. 30- 2013- 00668708 3. People /City v. Donald Hansen, et al., 3619 W. Pendleton, Unit A; Case No. 30-2013-00690606 4. People /City v. Hillview Building, LLC, 1823 E. 17th St.; Case No. 30- 2014- 00705937 5. People /City v. Pacific Point, 1820 E. Garry #130; Case No. 30 -2013- 00694308 6. People /City v. Roma Bridge, 1601 W. 1St "A "; Case No. 30 -2013- 00690600 7. People /City v. Tam Nguyen, 1820 E. Garry, #204; Case No. 30 -2013- 00694333 8. People /City v. Roma Bridge, et al., 1605 W. First Street Units B &C; Case No. 30-2013-00690596 9. People /City v. Lawrence O'Boyle, et al., 1423 N. Main Street; Case No. 30 -2013- 00694286 10. People /City v. Michael A. Ditch, 1815 So. Main Street; Case No. 30- 2013- 00694143 11. People /740 Broadway PV LLC, 1820 Garry Unit 221; Case No. 30- 2014- 00709107 12. People /City v. Mamo Real Estate, Inc., et al., 1139 W. 17th Street; Case No. 30 -2014- 00704524 13. People /City v. Harvey Kagasoff, et al., 3701 W. 1St Street; Case No. 30- 2014 - 00709107 14. People /City v. Ziegler Properties, 980 N. Harbor Blvd., #101; Case No. 30-2014-00709091 15. People /City v. John Robert Warren, et al., 1615 N. French #101; Case No. 30-2014-00711565 • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Feebler vs. State of California Superior Court Case No. 34- 2012- 80001172; Court of Appeal Case No. C073698 • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013- 80001477 LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Claim No, 2012 -082 Margarito Castrejon CITY COUNCIL MINUTES 2 APRIL 1, 2014 1 0A -2 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: 1. Santa Ana Police Management Association (PMA) 2. Service Employees' International Union (SEIU) Part -time Civil Service Employees CLOSED SESSION REPORT — See Item 19A. for reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:13 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 APRIL 1, 2014 1 0A -3 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council XOCHILT CHAMU, AYMEE MARIN- SEPULVEDA, AND LEYMIS RODRIGUEZ; MADISON ELEMENTARY SCHOOL 3�7:: _1:�►L���lil�[+L�yJ_l�tilW SPECIAL PRESENTATION by Mothers Against Drunk Driving® (MADD), Kristine Quiroga, volunteer advocate to the City and City Council recognizing the following Santa Ana Police Department officers for their efforts in deterring drunk driving: Corporal Mark Bell Corporal John Crews Corporal Brett Nelson Officer Daniel Carrillo Officer Gabriel Gutierrez Officer Weston Hadley Officer John Kachirisky Officer Gerry Rodarte Officer Luis Torres EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: CITY COUNCIL MINUTES 4 APRIL 1, 2014 1 0A -4 30 YEARS OF SERVICE Israel G. Garcia, Police Officer, Police Department Kurt A. Wiemann, Projects Manager, Public Works Agency PROCLAMATION presented by MAYOR PULIDO to Lou Carlson, Co- owner, Fairhaven Mortuary, for his exemplary citizen participation and service to the community. PROCLAMATION presented by MAYOR PULIDO recognizing OneOC for Mayor's National Service Day. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Santa Ana West National Junior Basketball Team "Knights" for being undefeated for two years. Head Coach, Jose F. Barba and Assistant Coach, Ignacio Salazar Team: Steven Amezcua, Jose F. Barba, Adrian A. Barba, Adrian Barrientos, Jose Briseno, Emoc Cisneros, Aaron Duarte, Isaiah Gonzalez, Kai Lefeau, and Ignacio Salazar CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Segerstrom High School Boys and Girls Water Polo Teams for winning the CIF Championship. Boys Water Polo Team: Head Coach, Tim Fredericksen; Assistant Coaches Herb Kimmons and Andrew Salway Team: Isaac Alfaro, Isaac Ambriz, Brian Arciniega, Balsom Boudiab, Vincent Burrueta, Seth Chavez, Louis Contraras, Jonathan Cubillo, Steven Dinh, Jacob Espinoza, Danny Gomez, Noe Gonzalez, Steven Huezo, Ivan Lomeli, Martin Madrigal, Daniel Moctezuma, David Molina, Fernando Navarro, Nick Navarro, Oscar Osario, Christian Palatto, Sol Silvia, Julian Tapia Girls Water Polo Team: Head Coach, Tim Fredericksen; Assistant Coaches Herb Kimmons, Daneyra Ortega, and Andrew Salway Team: Karina Anaya, Brooke Branum, Sarah Chavez, Nathania Cuevas, Paige Fountain, Deyaneira Garcia, Michelle Gonzalez, Rebecca Gutierrez, Andrea Hernandez, Stephanie Hernandez, Diana Jimenez, Justine Mills, Aurora CITY COUNCIL MINUTES 5 APRIL 1, 2014 1 0A -5 Oceguera, Judith Quintanilla, Gillian Robles, Elizabeth Robles, Ana Tellez, Margie Vera CIF Player of the Year: Melissa Osorio CLOSED SESSION REPORT - City Attorney Carvalho reported that City Council approved the matters listed on the Consent Calendar under Agenda Item 19A. PUBLIC COMMENT • Steve Rocco commented on election matters. • Tim Houchen, Civic Center Roundtable, elected representative of organization, discussed needs of homeless in civic center area; spoke on recent actions by the police department; proposed moratorium on camping citations and impounding of items c Councilmember Benavides noted that matter important to City; will be discussed at the Public Safety Council Committee. • Massimo Marini, Civic Center Roundtable, spoke of police dealings with homeless including midnight raids; City storage not handling properly; encouraged to turn OCTA site as day facility; invited all to attend their upcoming meetings held on Fridays at 3 p.m. • Esther Fonseca, representative of Artesia Pilar Neighborhood Association, spoke on Bristol Street widening project; reported that Council majority in favor of businesses retention and rehabilitation of facades. • Peter Katz, thanked the Police Department staff for apprehending person involved in recent brake -ins; suggested camping permits to control homeless situation in Civic Center area. o City Manager Cavazos noted that added security added to Council meetings and arrangements made with parking lot attendants to address missing validation tickets. • Brizy Mae, Civic Center Roundtable, concerned with aggressiveness of Police staff towards homeless; opined that constitutional rights violated; proposed use of old OCTA bus terminal as day facility, provide storage area and hot showers. • Iris Walker, Civic Center Roundtable, concerned with homeless issues in Downtown area; request meeting with City staff to address matter. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 29B as recommended by staff with the following modifications: CITY COUNCIL MINUTES 6 APRIL 1, 2014 1 0A -6 • Councilmember Martinez pulled Agenda Item 13A and 31A for separate discussion; and • Councilmember Benavides pulled Agenda Item 25E for separate discussion. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF MARCH 18, 2014 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. SECOND READING ORDINANCE - AN ORDINANCE REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) - Planning and Building Agency Placed on first reading at the March 18, 2014 City Council meeting and approved by a vote of 5 -0 ( Reyna and Sarmiento absent). Published in the Orange County Reporter on March 21, 2014. MOTION: Place ordinance on second reading and adopt. CITY COUNCIL MINUTES 7 APRIL 1, 2014 1 0A -7 ORDINANCE NO. NS -2859 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) FOR SAID PROPERTY BOARDS / COMMISSIONS / COMMITTEES Councilmember Martinez highlighted some of the accomplishments by her nominee. MOTION: Appoint Marytza Rubio, Ward 2 Resident, to the Arts & Culture Commission. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 13B. NOMINATE ERIKA J. OCHOA TO THE ARTS AND CULTURE COMMISSION BY COUNCILMEMBER ROMAN REYNA AS THE WARD 5 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 13, 2016 — Clerk of the Council Office MOTION: Appoint Erika J. Ochoa, Ward 5 Resident, to the Arts & Culture Commission. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office CITY COUNCIL MINUTES 8 APRIL 1, 2014 1 0A -8 MOTION: Approve settlement agreements: AGMT NO. 2014 -080 - LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Claim No, 2012 -082 Margarito Castrejon in the amount of $12,000 by a vote of 5 -0 (Pulido and Tinajero absent) 19B. EXCUSED ABSENCES — None BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14 -006 - TREE PRUNING AT CIVIC CENTER COMPLEX (Parks, Recreation & Community Services Agency) — Finance & Management Services Agency MOTION: Award a contract to Tree Pros, Inc. in an amount not to exceed $55,425; subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. AGMT NO. 2014 -081 - EQUIPMENT RENTAL AND INSTALLATION FOR CINCO DE MAYO EVENT- Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Al Party for the rental and installation of equipment for the Cinco de Mayo event held May 2 — May 4, 2014 in an amount of $42,890.60, which includes a 10% contingency, subject to non - substantive changes approved by the City Manager and City Attorney 25B. APPROVAL OF FINANCING FIRMS FOR FINANCIAL ADVISARY SERVICES, BOND COUNSEL, AND UNDERWRITING SERVICES - Finance & Management Services 1) AGMT NO. 2014 -082 - Award contract to Quint & Thimmig LLP as Bond Counsel in an amount of $55,000 and receive and file contract with Fieldman, Rolapp, & Associates for financial CITY COUNCIL MINUTES 9 APRIL 1. 2014 1 0A -9 advisory services for the refunding or consideration of other cash savings of the 1994A and 2004A Police Administration Lease Revenue Bonds; subject to non - substantive changes approved by the City Manager. 2) AGMT NO. 2014 -083 - Approve proposal with Best, Best, and Krieger LLP, for Bond Counsel Services; Letter of Agreement with De La Rosa & Company /Stifel and receive and file contract with Urban Futures, Inc., for underwriting services for refunding opportunities of the 2004 Water Revenue Bonds; subject to non - substantive changes approved by the City Manager. 25C. AGMT NO. 2014 -084 - CONSOLIDATED MEMORANDUM OF UNDERSTANDING REGARDING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH SERVICE EMPLOYEES INTERNATIONAL UNION PART -TIME CIVIL SERVICE (SEIU -PTCS) - Personnel Services Agency MOTION: Approve Memorandum of Understanding covering the period of July 1, 2013 through June 30, 2015. 25D. AGMT NO. 2014 -085 - PERSONNEL BOARD LEGAL ADVISOR SERVICES - Personnel Services Agency and City Attorney's Office 25E, MOTION: Authorize the City Manager and the Clerk of the Council to approve an agreement with Atkinson, Andelson, Loya, Ruud & Romo, A Professional Law Corporation, for three years ending on June 30, 2017, in an amount not to exceed $40,000 per year, subject to non - substantive changes approved by the City Manager and City Attorney. Councilmember Benavides requested timeframe for project completion. Acting Executive Director of Public Works noted that project would commence in two - months. MOTION: Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the City of Costa Mesa, subject to non - substantive changes approved by the City Manager and City Attorney, in an amount not to exceed $35,000 for the City's share of construction costs, with a City inspection and administrative cost share of $5,000, for a total not -to- exceed amount of $40,000, and for the term ending upon project completion. CITY COUNCIL MINUTES 10 APRIL 1, 2014 1 0A -10 MOTION: Benavides SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25F. AGMT NO. 2014 -087 - ON -CALL ELECTRICAL ENGINEERING DESIGN SERVICES - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Mullen and Associates, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, for a one -year term expiring March 31, 2015, with the option to extend for two additional one -year terms by written authorization of the City Manager and the City Attorney, for a maximum of three years, in an amount not to exceed $300,000. 25G. AGMT NO. 2014 -088 - EMERGENCY SOLUTIONS GRANT FUNDING FOR FY 2014 -2015 - Community Development Agency Community Redevelopment and Housing Commission approved recommended actions on March 17, 2014 by a vote of 5 -0 (Sandoval absent). MOTION: 1. Approve the FY 2014 -2015 Emergency Solutions Grant Program. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non- profit agencies and/or sub - recipients awarded funds as part of the approved program, subject to non - substantive changes approved by the City Manager and City Attorney. 25H. AGMT NO. 2014 -089 - WORKFORCE DEVELOPMENT WORKSHOPS - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Michael R. Marinoff, in an amount not to CITY COUNCIL MINUTES 11 APRIL 1, 2014 1 0A -11 exceed $55,000, expiring June 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. MISCELLANEOUS - BUDGET 29A. NEIGHBORHOOD STABILIZATION PROGRAM 2 (NSP2) SUBSTANTIAL AMENDMENT TO REVISE THE TARGET GEOGRAPHY AREA TO EXPEND $10 MILLION PREVIOUSLY AWARDED TO THE CITY FOR THE PURCHASE OF FORECLOSED OR ABANDONED PROPERTIES - Community Development Agency MOTION: Approve a substantial amendment to the Neighborhood Stabilization Program 2 Application revising the Neighborhood Stabilization Program 2 Target Geography Area, and authorize its submittal to the U.S. Department of Housing and Urban Development. 29B. AUTHORIZE CITY MANAGER TO EXERCISE OPTION TO RENEW CONTRACTS ON PREVIOUSLY APPROVED AGREEMENTS - City Manager's Office MOTION: 1. Authorize the City Manager to exercise the options to renew as provided for in the agreements identified in the List of Contracts, (Exhibit A). 2. Authorize the City Manager, Clerk of the Council and City Attorney to execute the options to renew and Letters of Renewal as provided for in the agreements LAND USE MATTERS CONDITIONAL USE PERMITNARIANCES 31A. Planning Commission approved recommended action on March 10, 2014, by a vote of 6 -0 (Gartner absent). CITY COUNCIL MINUTES 12 APRIL 1, 2014 1 0A -12 MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -05 as conditioned and Variance No. 2014 -01 as conditioned. MOTION: Martinez SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS *Councilmember Sarmiento abstained on Agenda Item 55A due to a campaign contribution and left the dais during discussion of the matter. 55A. BRISTOL STREET IMPROVEMENTS, RIGHT -OF -WAY ACQUISITIONS, AND ADOPTION OF AN ADDENDUM TO THE FINAL BRISTOL STREET FINAL ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT (FEIS /EIR) - Public Works Agency Continued from the February 4, 2014 City Council meeting by a vote of 7- 0. Continued from the March 18, 2014 City Council meeting by a vote of 6 -0 ( Sarmiento abstained). MOTION: Continue item 30 days at the request of staff. MOTION: SECOND: VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) CITY COUNCIL MINUTES 13 APRIL 1, 2014 1 0A -13 ABSTAINED AND NOT PRESENT: /_1- 121k,kI REPORTS Sarmiento (1) None (0) 65A. EIGHTEEN -MONTH ASSESSMENT OF SUNSHINE ORDINANCE - City Manager's Office MOTION: Receive and file the Sunshine Ordinance eighteen -month assessment. MOTION: Benavides SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RECESSED THE CITY COUNCIL MEETING AT 7:32 P.M. AND CONVENE THE HOUSING AUTHORITY AND SUCCESSOR AGENCY MEETINGS; THE CITY COUNCIL MEETING RECONVENED AT 7:33 P.M. WITH SAME MEMBERS PRESENT. WORK STUDY SESSION WSA. 2014 CITY OF SANTA ANA TRAFFIC SAFETY PROGRAM — Public Works Agency Presentation by Acting Public Works Executive Director, William Galvez Traffic Safety Plan Safety Themes Engineering Education 4• Enforcement CITY COUNCIL MINUTES 14 1 OA -14 APRIL 1, 2014 s Evaluation Encouragement :• Pedestrian Collisions d Density Analysis ❖ (2009 -2013) Arterials CITY COUNCIL MINUTES 15 APRIL 1. 2014 1 0A -15 ✓ Hybrid of Engineering + Education ✓ Followed by Smart Enforcement ✓ Evaluation could lead to permanent Speeds Reduced ✓ Immediate Results ✓ Long -Term Benefits ❖ Radar Feedback Signs Speed /Radar feedback signs on major arterials & entry points into the City. Pedestrian Count Down Heads Install pedestrian count down heads citywide to send a clear message to pedestrians alerting them of the time remaining. Radar Feedback Signs Radar Feedback Signs With Dynamic Messages Radar Feedback Signs With Strobe Feature CMS sign with custom messages. CMS sign with speed radar and strobe feature. Collectors ✓ Public Input+ Engineering ✓ Share the Road Philosophy ✓ Speeds Reduced Permanently ✓ Long -Term & Permanent Benefits • Traffic Calming / Bulbouts CITY COUNCIL MINUTES 16 APRIL 1, 2014 1 0A -16 Existing traffic calming program provides many options to manage & slow down vehicles, and introduces Complete Streets. Continue use of bulbouts (shorten ped xing distance) etc. Lane Narrowing + Bike Lanes New standard practice - City evaluates lane widths on all street projects. Narrower lanes promote lower vehicular speeds and may allow for installation of bike lanes. Special District ✓ Area wide focus ✓ Use of various programs ✓ Public input d• Downtown /Transit Zones Complete Streets Plan With community input this study will prepare plans for physical changes to streets, sidewalks and intersection to support active transportation. ❖ Parklets Provide public space while providing an element of traffic calming. Program Matrix: Programs Bicycle /Pedestrian Safety Campaign Bicycling Skills Classes /Clinics Crossing Guards Crosswalks Identify and Monitor Pedestrian / Bicycle Collision Hot Spots Keep Kids Alive Drive 25 Lane Narrowing /Bike Lanes Maintain Sidewalks Neighborhood Speed Letter Neighborhood Speed Watch Pedestrian and Bicycle Safety Website Police Enforcement Radar Feedback Signs Radar Trailers School Safety Special Events ( Safety Fairs, Bike Rodeos, Car -free Street Events) Speed Humps Guidelines Stop Signs CITY COUNCIL MINUTES Arterial Collector Residential X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 17 1 0A -17 APRIL 1, 2014 Street Lighting X X X Suggested Routes To School Maps X X X Traffic calming /Bulbouts X X Traffic Signal (New & modification) X X Traffic Signal (Pedestrian Count Down Heads) X X Walking /Bicycling Audits X X X Wheel Chair Ramps X X X Council Comments: Councilmember Martinez noted that bike and pedestrian numbers are important to capture too; gather data to address true pedestrian count; performance measures will account for this according to Executive Director Galvez Mayor Pulido pointed out that speeds themselves need to be understood; Executive Director Galvez noted that 8& percentile is considered when posting speed limits; smart enforcement and units have reduced the speeds by 3 miles per hour. Councilmember Martinez indicated that synchronization of lights have been approved by Orange County Transportation Authority in South Orange County; request same consideration. Councilmember Sarmiento indicated that arterials used as connectors; need to tailor needs of neighborhood and not just responding to traffic counts; review Main Street to possibly reduce speeds; opined that area enhanced by reducing speeds; focus on the center areas and economic development efforts. Mayor Pulido noted for the record he would like to reduce speeds. Councilmember Reyna requested matter be agendized for discussion at the Public Safety Council Committee. Councilmember Martinez proposed multi - language information on signs; would like to minimize trip and fall accidents with updated Plan; consider lighting and signage in residential area to reduce traffic accidents; commented on Washington DC's Complete Streets Project Model - campaign to educate motorist and reduce speeds. Mayor Pulido requested information on Pedestrian Collisions Density Analysis information and proposed projects. CITY COUNCIL MINUTES 18 APRIL 1, 2014 1 0A -18 Councilmember Benavides asked for status of Transportation Coordinator position; staff indicated that recruitment underway. Councilmember Amezcua requested timeframe on installation of signs; staff noted that matter will be budgeted fiscal year, not placed all at once, but will be complete over 3 -6 month period, will have all identified on map plus additional locations including interior of arterials. 90A. CITY MANAGER'S COMMENTS • Farmer's Market on Thursdays from 2 -8 p.m. • Commented that Revenues have exceeded forecasted by 4% and expenditures decreasing. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Recognized Parks, Recreation and Community Services Agency for successful Plaza Primavera event; and • Thanked Public Works Agency for tonight's Traffic Study presentation. Councilmember Reyna: • Encouraged all to conserve water; • Asked about status of utility box art; • Proposed task force on homeless issue, would like to serve along with Councilmember Amezcua; • City hosting Meet and Greet event of appointed and elected officials on April 10th at 5:30 p.m. at City Hall Lobby; • Invited all to attend upcoming Art Walk; and • Urged all to shop in Santa Ana. Councilmember Benavides: • Asked all to shop local businesses — panaderias highlighted at Plaza Primavera event, but many other great businesses in the City; and • Would like to be considered for task force on homeless issue. Councilmember Martinez: • Thanked and welcomed Tanya Lyon who is the new Strategic Communications Manager for the City of Santa Ana; • Congratulated Northgate Market for winning best panaderia at Plaza Primavera competition; great contributor to the City; • Discussed garage conversions, substandard living condition and issue; Code Enforcement to address; and CITY COUNCIL MINUTES 19 APRIL 1, 2014 1 0A -19 o Councilmember Benavides requested that Public Safety Council Committee agendize for further review. • Commented on recent earthquake and asked that all prepare for major earthquake; first responders need to continue training and update Emergency Plan. Councilmember Sarmiento: • Thanked all who participated in Orange County Fire Authority's Family Day event; and • Requested meeting be adjourned in memory of long -time business owner Laura Perez. Mayor Pro Tern Tinajero: • Welcomed new Strategic Communications Manager; City has strong budget and Downtown looking good; proud that City moving forward in the right direction and staff handling operations of City. Mayor Pulido: • Cinco de Mayo event coming up — highlighted talent and performers and encouraged all to attend event; and • Closed in Memory of Laura Perez ADJOURNED - 8:25 P.M. - The next meeting of the City Council is scheduled for Tuesday, April 15, 2014 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Laura Perez Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS Street Car Project Locally Preferred Alignment Harbor Blvd. Mixed -Use Plan Solar Permit Fee Waiver Dangerous and Abandoned Buildings Proactive Rental Enforcement Program Renewal CITY COUNCIL MINUTES 20 APRIL 1, 2014 1 OA -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: @I'll CLERK OF COUNCIL USE ONLY: BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT OCTOBER 2013 THROUGH MARCH 2014 CITY MANS RECOMMENDED ACTION _ 105 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file Boards and Commissions Biannual Attendance Report (October 2013 through March 2014). DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to inform the City Council of member attendance at Board or Commission meetings. Pursuant to Council policy, the City Council may remove board or commission members who incur four unexcused absences within the six -month reporting period. Additionally, City Charter Section 901 provides that three consecutive unexcused absences would result in the vacancy of a board or commission seat. Examination of attendance reports indicates that no current board or commission member seats warrant a vacancy at this time. Therefore, the action requested is to receive and file the report. FISCAL IMPACT There is no fiscal impact associated with this action. �J ."A a AJI o r Maria D. Huizar, Clerk of the Council Attachments: Biannual Attendance Reports (8): Community Redevelopment & Housing Commission, Environmental & Transportation Advisory Committee, Historic Resources Commission, Personnel Board, Planning Commission, Recreation & Parks Board, Youth Commission and Workforce Investment Board. 13B -1 13B -2 t a ll z D z n m 7 .'mc x u ro C CL a lu m 0 c N CL CD N c u c x 0 c N CL Q N tD n ro m co ro 0 N 13B -3 O O O O z z D 'S m D z C D r D1 0 i O zn z.< '0 N MZ m0> D ;o 3-iz 00D 40 v 0 C z r, m c o 0 c m ® �_ a n W 3 m o N a o w m z A9 A ju _ m g m "+ d x x x x x x m .� ro Kn O 0 0 rtM M x x m x x x x c� �z m x m x x x m x m m X x x m x m x w 3v ^. 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A 6 CD CD m m N 0 P z a r m N Q n ^��' 0 m`6 ' 7 m W N C N C ItD N n W m m G) m a v m U2 w w z cr 3 m 3 m p O �t'o0 W T vM �n X x m rn x x m x X x a g Z O m E C7 W �m �nM m _ m O = n z�E x vv N m A N m x x x m x m x m x W C- > OW �m �m v = m 0 �n X Ob m m ^G m D X X c x x X c X m a g m ws mA to A7 n m Ul 13B -18 m Z z Z m m A C x a m a m CL 7" m k c ryUl C. 5s a• N ro a n ro fl C a ro n C D Q N ro a m v 0 C.0 0 Q 13B -19 CA 7 C M z y 3 s c a n c N m K 2 3 3 W d'ro+ a N N r=7 W Prot °%� C m 0 Oo y a O Q m K ro 7 n, o A(0 0 x am' ro N x x c m X X x x X^; mZ °ml w � �w m fR �i a X am m X X X m X c m X m W 9Dy 2 to C d � m� N m m a ®w �a fac A 0> m C m m x c x X X X m x ro fa �a aZ ro m 13B -19 m CD CD n a 13B -20 � m ro.. 1 ro N ro a m s m N 0 CITY OF SANTA ANA LEGISLATIVE CITY COUNCIL COMMITTEE MINUTES SEPTEMBER 9, 2013 CALL TO ORDER The meeting was called to order at 12:04 p.m. by Vincent Sarmiento at City Hall, Room 831. ATTENDANCE Members Present: Councilmember Michele Martinez Councilmember Vincent Sarmiento, Chair Members Absent: none Staff Present: Kevin O'Rourke, Debra Kurita, Sonia Carvalho, Mark Lawrence and Becky Magallon AGENDA ITEMS Minutes The June 20, 2013 minutes were approved by a vote of 2:0 2. Public Comments - none 3. Discussion on Federal Lobbyist Councilmember Sarmiento suggested doing a two -step approach in which the City retains someone for immediate assistance and then goes out for a permanent lobbyist. Sonia Carvalho reported that the immediate need for a lobbyist — municipal bond and UUT — has been covered. She added that the Committee has authorized the City Manager to act on the Committee's behalf. As such, the City Manager can hire a temporary lobbyist and use their services on an as- needed basis. The Committee agreed. Councilmember Sarmiento would like to see a federal lobbyist that will focus on all areas of the city, someone that is well rounded and is also familiar with mobility. Councilwoman Martinez suggested to contact other regional agencies such as OCTA, SCAG, and TCA and ask who they use as a federal lobbyist. She added that we may decide to have more than one. Legislative City Council Committee Minutes SepjwPp%g, j013, Page 1 Kevin O'Rourke added that it should be someone who is recognized in the transportation field and has a good reputation. Vince Sarmiento commented thai he has seen large firms bring in special firms that have an expertise in whatever is necessary at the time. However, we need someone soon. Michele Martinez mentioned that the City needs to start the process soon to hire a permanent lobbyist. Vincent Sarmiento asked that staff give the Committee recommended guidelines and options on what would be best for the permanent lobbyist. Mr. Sarmiento noted that other agencies get detailed analysis from their lobbyists including regular meetings with staff. He added that state and federal lobbyists as well as the League of California Cities should be represented at the Committee meetings. Kevin O'Rourke agreed and cited the Fairfield model in which the lobbyist attended meetings in person or by phone and provided regular updates. Mr. O'Rourke asked the Committee members to share with staff the names of lobbyists they have encountered in other agencies and they have been impressed with. Staff will provide the Committee with a proposal to include some models, options and what other cities are spending for the Committee's review. Mark Lawrence assured the Committee that they would have the opportunity to review the questions for the RFP ahead of time. 4. Establishment of Bylaws Update Sonia Carvalho reported that staff is preparing bylaws for every Council Committee. These will be presented as a resolution to the entire City Council for approval. She asked the Committee for any specific items that should be included in the bylaws for the Legislative Committee. Councilmember Sarmiento mentioned that the bylaws need to specify that the Council Committee has the authority to send legislative letters on behalf of the City Council. He added that we should require lobbyists to provide an analysis with every request for legislative letters. Staff asked if the Committee should become an ad hoc committee since it only consists of two members. Sonia Carvalho mentioned that an ad hoc does not have the authority to take action on behalf of the Council and that it's only formed for a limited period of time. It will remain as a Council Committee because it needs to oversee the lobbyist contracts and is taking a position on legislative matters that are immediate. Mark Lawrence asked the Committee for input on how the current communication system with the Committee is working when requests for Legislative City Council Committee Minutes Sep ira�gv9_2p13, Page 2 legislative letters come in. The Committee mentioned that the current process is fine, however, they'd like to see the lobbyist do an analysis for every request, which will help the Committee make an informed decision. S. Future Items, date and location for next meeting Because the next meeting falls on December 25th, staff will look for alternate dates in mid - December. ADJOURNMENT Meeting was adjourned at 12:50 p.m. �7J Becky Magallon Executive Assistant City Manager's Office Legislative City Council Committee Minutes SepirlU 0 113, Page 3 13C -4 CITY OF SANTA ANA LEGISLATIVE CITY COUNCIL COMMITTEE MINUTES DECEMBER 17, 2013 CALL TO ORDER The meeting was called to order at 11:30 a.m. by Vincent Sarmiento at the Office of Intergovernmental Affairs, Eisenhower Executive Office Building, 1650 Pennsylvania Avenue, N.W., Washington, DC. ATTENDANCE Members Present: Councilmember Michele Martinez Councilmember Vincent Sarmiento, Chair Members Absent: none Staff Present: Dan Maldonado and Leslie Pollner from Holland & Knight. AGENDA ITEMS Meeting with Molly Ward, Special Assistant to the President and Deputy Director Met with the Associate Director for the White House Intergovernmental Affairs Office, Kellyn Helmrick- Blossom, along with White House Staff Assistant Elias Alcantara. The meeting covered several of the City's top priorities, including: Discussed the impact of continuing reductions in UASI funding and outlined the regional importance of the City. The White House indicated its willingness to coordinate a meeting with the Department of Homeland Security /Federal Emergency Management Agency (DHS /FEMA) at the appropriate time. Discussed the importance of having the City considered as one of the Promise Zones, a program for deeply disadvantaged areas, administered by the Department of Housing and Urban Affairs (HUD). Up to 20 zones will be considered in the next year's cycle of funding. Discussion focused on the flexibility of the program to consider disadvantaged neighborhoods of a city or county for Promise Zone designation - a key feature, given the general view of Orange County as a higher income region. The next step will be for the City to follow up with HUD early next year to position the City for consideration. The White House brought up a number of initiatives in which they are seeking active city input and participation, including their skills summit in partnership with community colleges, the climate change task force with the cities co- chaired by the White House Council of Environmental Quality (CEQ) and the White House Intergovernmental Affairs Office and Affordable Care Act (ACA) enrollment. On ACA, we discussed having the White House and the Department of Health and Human Services (DHHS) Region IX officials work directly with City officials to determine the most effective enrollment outreach. 2. Meeting with Senator Barbara Boxer, 112 Hart Senate Office Bldg., Washington, DC Met with Senator Boxer's Chief of Staff Laura Schiller, Legislative Director Sean Moore and the Senate Environment and Public Works (EPW) Committee Director of Infrastructure and Economic Development, David Napoliello. 13C -5 Provided an overview of the City's demographics, its regional importance, and the downtown development. Discussed what the timetable looks like for the re- authorization of MAP -21; provided an overview of the City's fixed guideway project, together with the grade separation project; its importance not only to the City's transit dependent population but to downtown transit oriented development, including affordable housing, job development and walkability. Senator Boxer's staff indicated their interest in working with the City to help further its transit development objectives. Follow -up with Senator Boxer should be a high priority for the City. 3. Meeting with Congresswoman Loretta Sanchez' Office, 1114 Longworth House Office Building, Washington, DC Met with Congresswoman Loretta Sanchez's Legislative Director, Eduardo Lerma (with the House adjourning the previous weekend, House members left town including the Congresswoman who returned to the District). Covered the reductions in UASI funding and the need to have DHS /FEMA re- calibrate our region's threat assessment to reflect more equitably the region's threat vulnerabilities and strategic values. Her staff indicated that given the Congresswoman's role on the House Homeland Security Committee, she would work with the City to advance this effort. The next step is for the City to develop a game plan on how it will push forward reconsideration of its UASI position and how it should coordinate with regional FBI, a key source in FEMA's threat assessment. Highlighted the City's serious concerns regarding the insufficient reimbursement being paid by the US Marshall (USM) and the Immigration and Custom Enforcement (ICE) for its prisoners being held at the Santa Ana jail. We explained that as a result, the City has suffered substantial losses in the millions over the years. Further, we pointed the inequity in payments as compared to the higher per diem rates for other cities. We indicated that the City manager had spoken with the Congresswoman and would be preparing a letter for the Congresswoman to consider sending to the Department of Justice /USM and DHS /ICE on the per diem rates. Provided an overview of the City's fixed guideway project, discussing the City's transit dependent ridership, the project's regional as well as downtown significance (transit oriented development, environmental benefits); and how the grade separation helps to advance transit flow, transit oriented development and regional linkages. We indicated that we would request her assistance in gaining federal support for the project once we have completed all of the review and financial plan requirements. ADJOURNMENT Meeting was adjourned at 2:30 p.m. Becky Magallon Recording Secretary Legislative City Council Committee Minutes Dec"C ,6013, Page 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: CERTIFICATION AND APPROVAL BY CITY ENGINEER - FINAL TRACT MAP NO. 17323 (5301 WEST SILVER DRIVE) <—�� Lle�L CITY MANAGER 1:1*010161J,1 :►101 :1 Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Pursuant to Section 34 -183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 17323 (City Tract Map No. 2009- 01), for 5301 West Silver Drive (Attachment), from the owner, Samuel Anh Pham and Kim - Thi Thi Tran, and is in the process of reviewing the map for final approval. The lot of this map is zoned for residential use. The Tentative Tract Map No. 2009 -01 was approved by the City Council on September 7, 2010. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of April 15, 2014. FISCAL IMPACT There is no fiscal impact associated with this action. Edwin "William" Gal /z, P.E. Interim Executive Director of Public Works Attachment: Map 17A -1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: QUARTERLY REPORT OF CONTRACTS UNDER $25,000 ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER �9X�3�N7�[y�il CITY MANAGE 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 Receive and file the Quarterly Report of Contracts entered into between January 1, 2014 to March 31, 2014 valued at $25,000 and less. On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements, and change notices entered into between January 1, 2014 to March 31, 2014 valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by City Council. FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit A: Quarterly Report of Contracts RC 19C -1 19C -2 u Z J Z w J w u m a U U G °o wZZ �ZZo 0 0 V F- m a W o N K z W lJ ° o o~ 0 0 l7 u a Z Z ~ d V N U I" I" O u a V V a o Oa Z Q N = O wz z , z O O 0 u u O O O u I- am z J Q g T J S W p o2 W l❑ 7 J z Itm W - � O ° m z a z rW G Z v z o o u Z 7 0 N 0 z m W ? 0 06 u w w ¢ O O ¢ O O O Q O ❑ � m u z O° 3 o a ° u o O o O w w Q Z J O F m m o V N u w g J O « o 0 0 0 0 0 o a a o o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o o a o 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 N N N N N N N •-I ri ri fi ri r4 ci rl ti N 'i N H ei `1 ci ri ri fi ci ri 'i ci ci N N fi ri fi ci ri ri c4 ci ei ri ci c4 ri c4 O rl N M d' N l0 f� W Ol O N N N N H N N m O N N N N N N N N N m m m m m m m m Z 19C -3 N 0 u O m c v E v v a I Q z m J 7 a z m u z m m w > w O w N N Q w w W N N U J O O u° O U a z s O Y F vWi t7 o a z rc w¢ °� ¢ z j ❑ Q w w V Z O O a °W dJ w c m Z V V ¢ a z > L o a m 3 0 0 N ° 3 N"' o o a a a z zp o >O Z w U N m m m a a U N m N 2 a a U O p m F a z u> Z z a 6 o � g W ° z >m o s aW > m a j oil O v~i v V w l7 m vi o o z w Q w I_- O w a 0 _ m a w Nm m m Y a w ° z Q U m w o m a❑ a Z U 6 Z l7 N m w Q z z O o aL m O w m O V 0 0 0> G F �' J\ W c a=❑ z° j V CL J❑ m w G O J O N W -I [4 c a Q V w w v , w a O ¢ ¢ _ Q ¢ QO O a w p lz7 O O o o O a> > Q 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 a o 0 0 m a a ry 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 C- 0 0 0 0 0 0 0 0 0 o n w io m 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ri ri m m v 0 0 0 0 0 0 0 0 0 io m m ry o o 0 0 0 0 C C C C C C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o In o 0 0 0 0 o N m m o 0 0 N O In N O N V1 N Ill V1 O N Lll O Vf O O O N N rl N Ill Ill V1 O Ill Lt1 O m V1 Ifl O Lll O V1 N r-I' c-1 H rl \ E N N N N N rl N rl N N ri '-1 N N N rl N fl '-I N N rl N m \ m w w w w w w w w w w w w w ❑ ❑_ ?❑_ ° a N N ❑_ ❑_ ❑ ❑_ ❑_ ❑_ ❑ ° U V °° a a j Q N U N❑ a ❑ ° N N° j N a N U a° a a° ti U V V V V U V U V U V U U a n q L � I1) O l0 m lD N l0 t0 O1 m m N I� n M OJ O OJ N lD N h N c-I N t0 'ch d' � m I� N m tO rl H H N N N K '-I H N N II1 1� O1 N h O tO � r N n VJ N lO m O l0 W W h IN l0 h N M m l0 N N tO � d' cl' Ct d' j' V Z 'i H ei fi ri O t' O 6 N R u u u u u u V U V U U U u V U V u u u u V U V u U u u u u u u V U U U 2 T 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 0 0 0 0 0 0 0 0 C O u Z J Z w J w u m a U U G °o wZZ �ZZo 0 0 V F- m a W o N K z W lJ ° o o~ 0 0 l7 u a Z Z ~ d V N U I" I" O u a V V a o Oa Z Q N = O wz z , z O O 0 u u O O O u I- am z J Q g T J S W p o2 W l❑ 7 J z Itm W - � O ° m z a z rW G Z v z o o u Z 7 0 N 0 z m W ? 0 06 u w w ¢ O O ¢ O O O Q O ❑ � m u z O° 3 o a ° u o O o O w w Q Z J O F m m o V N u w g J O « o 0 0 0 0 0 o a a o o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o o a o 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 N N N N N N N •-I ri ri fi ri r4 ci rl ti N 'i N H ei `1 ci ri ri fi ci ri 'i ci ci N N fi ri fi ci ri ri c4 ci ei ri ci c4 ri c4 O rl N M d' N l0 f� W Ol O N N N N H N N m O N N N N N N N N N m m m m m m m m Z 19C -3 N 0 u O m c v E v v a I Q N O N w Z Q 2 U Z J U w U V Z p z Q In G w w ? n u u 0 Z O } O K O n z Z Z z u n Z O l7 O O U FN- ❑ au onxUaa ��wu °QIz,C� '� zoQa zzzuzzxUD` w u Y i o z `_^ 3 ° > v L = o vF i vQi ❑ a z o u C) Z Q O O Q O cD Q z w U a ❑ a z w w w Q m w Z Q ¢ 3: E n n 7} 2 � V 2 ¢ j ¢ Z > u O V u U U ❑ O K N O K > Q 7D '2 x O 7 O O v O 0 O U °� Z > O O u O =OuO > V X u -¢ u V r ¢ > > w rn u Z O w Z H z m a a m m u? O 0 O m O 0 O O O O O O O O N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ❑ w\ � � � O O M N l0 l0 w c-1 N N a � � � d' � cl' C I� ry w w w Ql Ol m m m O Z V CY V d' d' d' V' d' V N N N Vl N N Vl N l0 lD l0 l0 l�0 lD t0 l^D N N h I� h N h b h w 19C -4 N N N W_ W F- N N H aK a m K N m U K (D U V w > Q u [L N n Q ) V z a m m QV w > Z w N Z W = Z O On OF O W W Z O Q a U O Q , N 7 O U N 2 V W Fa - w O w Z > m m w ❑ u w w = O Cl Z V N w p I/1 u O V�Q } N N fL Wvt Z Z >¢ O O Z ¢ Q a z a o o a 3 y g u m w u O w m n N Imo- w w N O F- Ig n U w w p K° Y ❑ WQ V N m Q n > Z [w G ¢ V1 Z a a w U N U Q a 2 a a ww > ¢ n w w n o OO W w O ❑u u ¢ U Z w V W w z O > a Q Z N m >z °o o - w a v w pu a w o a u° o o 3 w N w¢ a Z o a F ❑ In - m Z a w u ca w u. n N w In vl Y Q> Q m U u¢ n O F¢ n N C'J F- a u U I~ii I� W W O O O N O N O O O rl O w w 01 ll� O O O O O O O N O O H i-1 O O W l0 0 0 0 0 0 a m �O N al O N N N O N N O d' N t0 ri' M O M N O O l0 O O N C O O w 0 w O d' 0 C N l0 O Ci Ol N a O N O h r-1 W O t0 m Ol N O N 0) N O N O N 0 0 0 0 0 0 0 �y Ch 0 O N m N rl� O O O Ol Ol N e-I O l0 CO N m n Ol N m O M h O O m Ol O Ol N h N N I� l0 0 0 0 0 0 O O N I� m N f-I M V f-I N r-I N r-I CO r-1 c-I Ill l0 i N O ('!1 rl IA d' rl V e-I N N w 0 N N l0 N W N M y� Q N¢ N I/I ¢¢ Vl Q U¢ N N❑ U VI Vl K Q V N V N U p¢❑ p¢ V ❑❑ ° ❑¢¢ rG w 2i a n' lu ❑ w O s n m cC rG n n 2i n a p 2i 2i n 3 n o `4Y n n n n n a n n n n a n n n a li n u � U w o °o N °o w s a N N m m M a a N N N io �o io w w o w n n n w w w w w w a a a v a v v v a a a a a a a a a w m N m v m m N n N w a O �-{ rl rl O 'y O ri ri e-1 cy O rl rl 'i a-1 '-1 ay N H O O N O rl rl O rl c-I rl rl N, rl c-I N N N N N N UZ rl rl ci N H N ri 'i N ci N ri ci N i-I H N N ei � N N rl N rl rl N rl c-I ri rl ri c-I c-I Z z Z N Z Z Z Z O z O a v w u U U u u U w O O O 0 O 0 O O O O u O O O O O O 0 0 l7 0 0 0 0 0 0 0 0 0 0 0 0 0 F n n n Q n¢ n n n n Q n n n n n n n n Q Q Q n Q a n Q 0 0 0 0 0 0 m O w Z Q 2 U Z J U w U V Z p z Q In G w w ? n u u 0 Z O } O K O n z Z Z z u n Z O l7 O O U FN- ❑ au onxUaa ��wu °QIz,C� '� zoQa zzzuzzxUD` w u Y i o z `_^ 3 ° > v L = o vF i vQi ❑ a z o u C) Z Q O O Q O cD Q z w U a ❑ a z w w w Q m w Z Q ¢ 3: E n n 7} 2 � V 2 ¢ j ¢ Z > u O V u U U ❑ O K N O K > Q 7D '2 x O 7 O O v O 0 O U °� Z > O O u O =OuO > V X u -¢ u V r ¢ > > w rn u Z O w Z H z m a a m m u? O 0 O m O 0 O O O O O O O O N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ❑ w\ � � � O O M N l0 l0 w c-1 N N a � � � d' � cl' C I� ry w w w Ql Ol m m m O Z V CY V d' d' d' V' d' V N N N Vl N N Vl N l0 lD l0 l0 l�0 lD t0 l^D N N h I� h N h b h w 19C -4 N 0 m u O m v E v v m a i a l7 Z w w N 0 Q H o K N ~ (J lJ N O N U (D U � V W Y 021 U w z z g a J Y W z 0 O W > u u w W° Q p a W S z O I=- a z W N u Z w z U N>> w Q> 3 m l7 Z Q a z u z N V' F- m Q N O Q Q z Z N d J N o w a o ~ K p O O G a s z_ w z p a a w 0 u Im„ v ��wJ�lYlz G��Z J Z F Q S W N O m w O z> E > a u 3 a N W u LL 1- u O o a w g a z z Z i w Z U} O O w a N m Z Z N N z a w w g C m K a O 2 ¢ z a z Q O O¢ Q a O x N J z 2¢ V H CW N v~i N N a K p ia/1 S z z J N F u Val o FN- p Z Z U Wz m W Q Q U ✓i W K m V w z v O a 2 0 W H Q w m U a V~1 J d z V g V1 Q N m w U U a W F Y 0_0_vQm_��nwNVaicc� z w V' Fog u p M d' N Q a m I}ilaJ QaNm° QwXw N z Q a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ¢ O Z w C7 ✓3i z o w �i O> > w x w IWiI Q U N u V Fes- N W O U s a 0 ci e-I H N H N e-I f-I '-I m � � N 111 tD l0 t0 lD h I� h rl ri c-I W Z U` 3 N J O= aZ N N N N N N N N \ \ \ N N N z Z p W U Y 2' ❑ p °� lL J p W Z 3> > p p J Vl N lO h m Ol O '-I N m a N lD h W Ot O V U Z m Z Z Z S Z Z Z° O U O p LL I- p U Z u w N oJ. F LL 19C -5 Q m 0 0 In O .i Y m g °a 0> z 0 O vdi a¢ a a = a z >i u O d a 0 Q w °¢ fail z vui z vV-i w 25 0 Q 0 0 0 0 0 o O o o N a o 0 0 0 0 0 � v o 0 o N o 0 o v a o 0 0 O o 0 0 0 0 0 0 0 ti 0 0 0 0 0 0 0 0 0 0 m o N m o o .-i o 0 o O n m v o 0o ry o o �o N 0 0 0 0 0 O o o O o 0 0 0 o N 0 0 v d o 0 0 .-i o I: o of c vi o N ui o 0 of ro r+i o> 0 0 0 o N 00 o T e-I o o O o 00 a N m N .i I� 0 00 N N O V' W m N ry o6 0 a ni Ol N m o l0 V 3 O O O O O O N o O M Ol O lO O O O O V N d' l0 Ol t0 M N ll ci M O Ill V d' m Ol l0 N V CO 1p O O N O Vl I(1 O ll Vl N V1 N vl vl N vl 00 lO m H N N Iv1 Ill V i11 l0 m m r-I r-I c-I N � E N N N rl ri N N N N N N \ m w w w O a p jp N jO U U a a V a a a N N p a N CL N¢ p a a N u u p p p¢ m p p 3 w �i �> p a u a p o °� ri a [G T a a K rc ti a x K u u. 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W w¢ m> O N~ O w w u Q g¢ V O O¢ Q a O x N J z 2¢ V H v u w Q t a w O w o. w p m K O U O w> ,_ p O° G w z p w p N v � a w V_' U 3 a Z V w z v O a 2 0 W H Q w m U a a° N d J 2 io p S p N Z 'r p m Q Q O �= Z O p Q p p IL Z ¢ N J V V U u p M d' N Q a m Q N U U V' Y Q V x N a H 7 K 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 N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 N N N N N N N N N N N 0 N N N N N N N N N N N N N N N N 0 ci e-I H N H N e-I f-I '-I m � � N 111 tD l0 t0 lD h I� h rl ri c-I ci N H ci N ci N ci `-I a-I 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 N N N N N N N N N N N N N O rl N M V N �O I� W Ol O rl N M V' N lO n W pl O c-I N M d' N lO h m Ol O '-I N m a N lD h W Ot O Z m N m M N� M m N N N N N N� N N N m 0 0 0 0 0 'i ei N ri c-I 0 0 0 0 0 rl rl c-I rl ri c-I N ci '-1 H N ci ci ri ri fi ri fi rl ri ri ri ri 'i '-i rl ri 19C -5 N 0 m u O m v E v v m a i a J v; o w z u z u m o u O z F d K a w Q > w a w U U a n J Z> vi F Z p w a W w m d _U Q u w Q J z U K Z G H 2 J VI i7 6 Q LI p p\ Vl Q Z u w w m w ¢ d d >w z Q O M F Ou ' w W i O O 0 Q >^� W w K u w u O o w z p C S K U m m G Q ¢ O = a O O w Z a a u p � Z > p z o n Q O Z V 4 V J 2 w Q 0 0 Z z Q O _ Z> O Q 0 w U Z m VK l 'o z G w Q z° u Z z o w a o Al ¢ z U F 'T^ w rc g z 3 '^ D u J z Q a z rc Q 0 0 0 o u 3 0¢ Fz-- Q F m w w 0 0= Q a D O Q o F Z O Z g O 0 O w Q w O m= w¢ 2 rrW-- c}c _ v~i Z a Q 0 �n w> a LL m w F- a 3: O N 2 v� w U Q C �n U K d U vui Q 0 v2i > a OU a U O O O O O O O O O O m n N Vt 0 0 0 0 Ol O O n n 0 N O m O O N O M 0 0 0 0 0 0 a a 0 0 0 0 0 0 0 0 0 0 0i O n n N 0 0 0 m O O m d' O n O m 0 V1 O O O d' O N 1p Ol O O O O O O O O O O O O O m l0 M l0 O O O O Ol O O H� O l0 O Ol rl N Vl N l0 lO O n n a M O Ol O O O O O O O O O O a N l0 Ol Ol O O M m N m m �O lD M O l0 m m M M N m N m N vt n Vt n o 0 0 0 0 1 0 0 0 0 0 vl m N n m m 0 0 N Ol m Ol M d' d' vt N O 0� M 1p N M Ol M m lD d' Ol m 0 O V1 LI1 V1 N O lYf I(1 O L(1 M r-I N '-I V1 V1 r-I n V V N M N r-I f-I rl rtf H t0 c-I f-I V1 r-I' N M W W O O W c u a '^ �n v� Q �n �n �n U p vi a U V �n �n �n �n U V '� O p m a u p m U u¢ p V u 3 rt a m m a m¢ m a a "' o m a rc m o m a W w a W W W a u a O w w a LL w w a w a U a w W d d u °- d a � U V ti s .vv m o m a o 0 o m m w Z Z Z O t+ O 2 a >- v. U u> V U U U U V U v H m m? m m m m m m m a a O O O Q Q a O O O O O O O O O O O O O O O O O O O O O O cr 0 N W_ W a V Q W V U > z I U U O vwi V w a Q } w Q u V Z w U Z J Z Z U Z p m a a J J < o Q a a w > w a U w W o u u rc z z w z Q a w N z N o z U w z z o wm a° w o o z o g° u ¢ p °� a z� o o w ° m w z o z ? z m z E z w Z z u o w= °' p z0 ni D z a¢¢ m z m¢ u¢ u z o¢ O Z Z~ Z u 0 0 Q O z w p U 0 z> w O a x Z¢ z O W Z '^ 2` O m O s rc `O O o w o N z 0 0. w F v~i O O Q w Q O O z G w Y 0 0> i Y O m y V 0 c U U a z m¢ `� vf'i ¢ u¢ o a w u > 'S O a 0 �z-' w z a p v~i m¢ v g¢ O a 'U x O z m w 0 = aJ' p w z o p w a 0 rc O p m a 0 0 m¢ m > M a o o LL > 3 a u o G S m m¢ u 2¢¢ W 0 o m u u u o a V u a a a a a a a o a v a v a a a a a �r a a N N X01 0I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N N N N N N N N N N N N N N N N N N N N m m m w \ \ \ \ \ \ \ \ \ \ \\ \ \ \ \ \ \ \\ O O O N N N N N N m M M M n m m m m m m 0 m m m m m m m m m m m m m m m .r m m M !\Yl M \'1 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 m m m m m rl N m C Vl l0 n m Ol o m N m m m 1p n m Ol o rl N m V Vl lD n m Ol o c-I N m lfl l� n m pl o Z N H 'N-I H H ti N rl N H N N cm-I N H ti ti ti cM-I N H H H H N H ti� N cN-I ti N ti N N 'm-I N ti N� 19C -6 0 u O m c v v v m Q I V' Q a w u z a n Z Z 0 J Z Q m z Q a O~ w K O W ¢ a Q F- [G V O U a p u w Z a Q n Z 2 w Z a¢ u¢ n m w l7 ur > m (D p p w a vwi w p w U >N N O u W X l7 O. 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C { 0 � COUNCIL DATE: �I uPK APRIL 15, 2014 TITLE: ACCEPT CERTIFICATE OF VERIFICATION AND INSUFFICIENCY - VOTER INITIATIVE MEASURE: AUTHORIZING REGULATED OPERATION OF MEDICAL MARIJUANA FACILITIES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18t Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Accept the Certificate of Verification and Insufficiency issued by the County of Orange Registrar of Voters regarding the Medical Marijuana Control Act Initiative. 2. Approve reimbursement to the County of Orange, Registrar of Voters Office in the amount of $1,700 for verifying signatures on the petition. BACKGROUND The procedures for placing an initiative to enact an ordinance on the ballot are established in California Elections Code §9200 -9226 and is the right of the voters to bring upon for consideration. On January 2, 2014, the City of Santa Ana, Clerk of the Council, received a voter initiative petition by the Proponents to Support Medical Marijuana Control Act (Exhibit 1). As required by the California Elections Code, the City Attorney's Office provided a title and summary (Exhibit 2). The Proponents of the initiative published the Notice of Intent to Circulate and were legally permitted to circulate the petition between January 8, 2014 and July 1, 2014. The petition required 8,738 valid signatures to qualify for the 2014 General Election ballot. At the time the Notice of Intention was filed, the voter registration report on file with the California Secretary of State revealed 87,337 registered voters within Santa Ana. California Elections Code § 9215 requires that an initiative petition be signed by at least ten percent (10 %) of the total number of eligible registered voters to qualify for the next General Municipal Election. 19D -1 Medical Marijuana Control Act - Petition April 15, 2014 Page 2 On March 17, 2014, the proponents of the initiative petition filed their signed petitions. The Clerk of the Council Office conducted a prima facie review and raw count of the petition and determined that a sufficient number of signatures to proceed, 9,706 total tally. On March 18, 2014, the petition was delivered to the County of Orange Registrar of Voters Office for signature verification. The Orange County Registrar of Voters Office used the random sample method of verifying 500 signatures on the petition, permissible and consistent with the California Elections Code. Based on this sample, the Registrar determined that of the 500 signatures examined, 262 were valid (52.4 %) and 238 were invalid (47.6°/x). Therefore, the Orange County Registrar of Voters Office determined that an insufficient number of valid signatures were obtained; thus disqualifying the petition for the 2014 General Municipal Election. The Certificate of Verification is attached as Exhibit 3. ANALYSIS The initiative process in the City of Santa Ana is conducted in accordance with the California Elections Code. Pursuant to Elections Code Sections 9114 and 9211, the Clerk of the Council is submitting the Certificate of Verification to the City Council for approval; no further action is required. FISCAL IMPACT The cost for the signature verification of the initiative by the Orange County Registrar of Voters Office is $1,700; funds are available in Account No. 011 - 05015 - 62300, Maria D. Huizar, Clerk of the Council APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt Services Agency, Attachments: Exhibit 1 — Proposed Initiative Exhibit 2 — Title and Summary Exhibit 3 — Certificate of Verification 19D-2 EXHIBIT 1 19D-3 INI'T'IATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Committee of proponents, who are registered voters of the City of Santa Ana, sponsoring the petition; Cheyenne Kutil Dennis Kutil TEXT OF THE PROPOSED MEASURE: MEDICAL MARIJUANA CONTROL ACT: Pursuant to, and consistent with California taw concerning medical marijuana, the City of Santa Ana shall enact an ordinance amending in its entirety Article XIII of Chapter 18 of the Santa Ana Municipal Code, in order to impose strict regulations on medical marijuana collectives to protect the health, safety, and welfare of the community, WHEREAS, the Compassionate Use Act ( "CUA "), adopted by California voters in 1996, and the Medical Marijuana Program Act ( "MMPA "), enacted by the State Legislature in 2003, decriminalized the cultivation and use of marijuana by seriously ill individuals upon a physician's recommendation and provided California's qualified patients and their primary caregivers with specified immunities under state law, thereby helping to ensure that qualified patients and their primary caregivers, who possess and use marijuana for medical purposes, are not subject to criminal prosecution or sanction; WHEREAS, the Santa Ana Police Department ( "SAPD ") has reported that at one time there were over sixty (60) marijuana dispensaries in the City of Santa Ana and that as the number of marijuana, dispensaries and commercial growing operations proliferated without sufficient legal oversight, the City and its neighborhoods have experienced negative secondary effects, including an increase in crime at certain locations associated with unregulated marijuana collectives; WHEREAS, there presently are no ordinances in the City of Santa Ana specifically regulating or monitoring the location, zoning standards, or other aspects of the locations and facilities where medical marijuana will be dispensed to eligible persons under state law; WHEREAS, medical marijuana facilities must operate with reasonable regulation, to ensure that those who are seriously ill residents of the City benefit from the palliative effects of medical marijuana have access they are provided under state law; WHEREAS, by implementing a fair and reasonable registration process for medical marijuana collectives, the City will be able to maintain order while avoiding undue burdens on its already strained financial resources; WHEREAS, the City has a substantial and clear interest in ensuring that medical marijuana is distributed in an orderly manner, and in protecting the public health, safety and welfare of its residents, its businesses, the neighborhoods in which medical marijuana collectives operate, while ensuring compassionate access by seriously ill residents to medical marijuana in accordance with the CUA and the MMPA; 19D-4 WHEREAS, the regulations in this initiative do not interfere with a qualified patient's right to use medical marijuana as authorized under California law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, as authorized under California law; WHEREAS, medical marijuana collectives shall comply with all provisions of the Santa Ana Municipal Code ( "Code "), California law, and all other applicable local laws; nothing in this initiative purports to permit activities that are otherwise illegal under state or local law; WHEREAS, this initiative is not intended to conflict with federal or state law, nor is it intended to respond to or invite litigation over any unresolved legal questions posed by the California Attorney General or by case law regarding the scope and application of state law; it is intended that this initiative be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass; NOW, THEREFORE, THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION 1. Article X111 of Chapter 18, Part I1 of the Santa Ana Municipal Code is amended in its entirety to read: ARTICLE XIII MEDICAL MARIJUANA SEC. 18 -610. PURPOSES AND INTEN'T'. It is the purpose and intent of this Article to limit the maxiinum number and concentration of medical marijuana collectives in the City, to provide needed tax revenue to the City, and to regulate the operation of medical marijuana collectives in order to ensure the health, safety and welfare of the residents of the City of Santa Ana. The regulations in this Article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, and the California Health and Safety Code do not interfere with a qualified patient's right to use medical marijuana as authorized Linder California law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, as authorized under California law. Medical marijuana collectives shall comply with all provisions of the Santa Ana Municipal Code ( "Code "), California law, and all other applicable laws. Nothing in this Article purports to permit activities that are otherwise illegal under federal, state or local law. This Article is not intended to conflict with federal or state law, nor is this Article intended to respond to or invite litigation over any unresolved legal questions posed by the California Attorney General or by case law regarding the scope and application of state law. It is intended that this Article be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass. 19D -5 SEC. 18 -611. DEFINITIONS A. The following phrases and words, when used in this section, shall be construed as defined. below. Words and phrases not defined here shall be. construed as defined in Santa Aria municipal code or state law. "Building" means any structure having a roof supported by columns or walls, for the housing, shelter or enclosure of persons, animals, chattels, or property of any Kind. "Live Scan" means a system for inkless electronic fingerprinting and the automated background check developed by the California Department of Justice ( "DOJ") which involves digitizing fingerprints and electronically transmitting the fingerprint 'image data along with personal descriptor 'information to computers at the DOJ for completion of a criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as determined by the City Council. "Live Scan appl'icat'ion" means a form developed by the City Clerk to request Live Scan services and to contain information relevant to the Live Scan process. "Location" means any parcel of land, whether vacant or occupied by a building, group of buildings, or accessory buildings, and includes the buildings, structures, yards, open spaces, lot width, and lot area. "Manager" means any person with responsibility for the establishment, organization, registration, supervision, or oversight of a medical marijuana collective, including but not limited to any person who performs the functions of president, vice president, board member, director, owner, operating officer, financial officer, secretary, or treasurer of the medical marijuana collective. "Marijuana" shall be construed as defined in California Health and Safety Code Section 11018 and further shall specifically include any product that contains marijuana or a derivative of marijuana. "Medical marijuana collective" means the following; an unincorporated or incorporated entity or association of qualified patients and /or primary caregivers and /or persons with identification cards, who provide money and in -kind contributions, reimbursernents, and reasonable compensation towards the aforementioned entity's actual expenses for activities including, but not limited to; planting, cultivation, harvesting, transporting, manufacturing, compounding, . converting, processing, preparing, storing, packaging, providing and /or retail sales of medical marijuana. A medical marijuana collective may provide medical marijuana, products, services and assistance to qualified patients, persons with a medical marijuana identification card (as set forth in the MMPA), or the primary caregiver of such persons. Medical marijuana collectives may assist with the acquisition of skills necessary to cultivate or provide marijuana for medical purposes in compliance with State Law. A medical marijuana collective includes any facility, building, structure or location, whether permanent, or temporary, where marijuana is made available, sold, given away, distributed, or otherwise provided in accordance with health and Safety Code section 11362.5 et seq. A medical marijuana collective includes medical marijuana 19D-6 "cooperatives" as defined in Santa Ana Municipal Code section 41 -121 and marijuana delivery services. (1) "Medical marijuana collectives" shall not include, nor be interpreted to include, any of the following: a. Any location which is a legal dwelling zoned exclusively for residential use and not permitted for any commercial activity where three (3) or less people who reside at a property cultivate marijuana. b. The location of any clinic licensed pursuant to Chapter 1 (commencing with Section 1200), a health care facility licensed pursuant to Chapter 2 (commencing with Section 1250), a residential care facility for persons with chronic life- threatening illness 'licensed pursuant to Chapter 3.01 (commencing with Section 1.568.01), a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569), a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725), any facility specified in Division 2 of the California Health and Safety Code where: (i) a qualified patient or person with an identification carol receives medical care or supportive services, or both, from the clinic, facility, hospice, or home health agency; and (ii) the owner or operator, or one of not more than three employees designated by the owner or operator, of the clinic, facility, hospice, or home health agency has been designated as a primary caregiver pursuant to California Health and Safety Code Section I I362.7(d) by that qualified patient or person with an identification card. "Premises" means the space in any buildings of a medical marijuana collective together with the spaces within any structures, yards, open spaces, lot width, and lot area at a location that is occupied or used in the operation of the medical marijuana collective. "Reasonable compensation" means compensation commensurate with reasonable wages and benefits paid to employees of IRS - qualified non -profit organizations who have similar job descriptions and duties, required level of education and experience, prior individual earnings history, and number of hours worked. "Religious institution" means a building which is used primarily for religious worship and related religious activities and which possesses all necessary permits, eerti'Heates of occupancy and licensing to operate within the City of Santa Ana. "Structure" means anything constructed or erected which is supported directly or indirectly on the ground, but not including any vehicle. "Vehicle" means a conveyance or device by which any person or property may be propelled, moved, or drawn upon a street, sidewalk or waterway, including but not limited to a device moved exclusively by human power. B. The following words or phrases when used in this section shall be construed as defined in California Health and Safety Code Sections 1746, 11362.5, and 11362.7. 19D-7 "Hospice"; "Identification card"; "Person with an identification card;" "Primary caregiver"; and "Qualified patient." SEC. 18 -612. MEDICAL MARIJITANA COLLECTIVES PROHIBITED. A. It shall be unlawful to own, establish, operate, use, or permit the establishment or operation of a medical marijuana collective, or to participate as an employee, contractor, agent, volunteer, or in any manner or capacity other than as provided in this Article XIII. B. The general prohibition contained in this section shall include renting, leasing, or otherwise permitting a medical marijuana collective to occupy or use a location, vehicle, or other mode of transportation. SEC. 18 -613. LIMITED IMMUNITY. A medical marijuana collective shall be immune to the prohibition set out in Section 18- 612 and the remedies set forth in Santa Ana Municipal Code, including criminal prosecution, so long as that medical marijuana collective obtains a certificate of occupancy for the operation of a "retail and service use" as defined in Santa Ana Municipal Code section 41.144 from the City Planning and Building Agency as well as complies with all operational requirements provided in this section. A. CERTIFICATE OF OCCUPANCY. Planning and Building Agency shall issue a certificate of occupancy and business license for a medical marijuana collective that meets the requirements detailed in Section 1.8 -613 (A)(1)(a) -(c). a. Priority Registration. Beginning on the date that is thirty (30) days after the effective date of this ordinance, and lasting for ten (10) business days, a medical marijuana collective may submit a priority registration application if such applicant: (:l) possesses a valid lease for property in the City of Santa Ana dated on or before October 1, 2013; (2) has incorporated within the state of California for the purpose of operating a medical marijuana. collective, on or before October 1, 2013; (3) possesses a valid State Board of Equalization Seller's permit for the sale of medical marijuana which was applied for or issued on or before October 1, 2013; (4) possesses a valid License to sell nursery stock which was applied for or issued by the Department of Food and Agriculture on or before October 1, 2013; and (5) identifies a location that it will occupy after registration that meets the requirements of this Article, the Planning and Building Agency shall grant a certificate of occupancy and business license to the applicant. 19D-8 ii. Any medical marijuana collective that possesses a certificate of occupancy and business license issued under this section and meets the operational requirements in Section 1.8- 613(B) shall be provided priority by Planning and Building Agency in its review of the medical marijuana collective's certificate of occupancy application in the event the medical marijuana colleotive seeks to relocate or transfer. b. Non - Priority Registration: Beginning on the date that is thirty (30) days after the effective date of this ordinance plus ten (10) business days, any medical marijuana collective may submit a non - priority registration application to the Planning and Building Agency for a certificate of occupancy and business license provided the medical marijuana collective meets the following criteria: (1) it possesses a valid lease for property in the City of Santa Ana; (2) it has incorporated within the state of California for the purpose of operating a medical marijuana collective; (3) it possesses a valid State Board of Equalization Seller's permit for the sale of medical marijuana; (4) it possesses a valid License to sell nursery stock; and (5) it identifies a location that it will occupy after registration that meets the requirements of this Article. c. A medical marijuana collective that receives a certificate of occupancy may relocate within the City pursuant to this Article. d. The Planning and Building Agency shall issue a certificate of occupancy or a rejection, with a written explanation, to an applicant within 45 days of the applicant's written request for a certificate of occupancy. The failure of the Planning and Building Agency to issue a certificate of occupancy within the 45 day period shall be deemed an acceptance of the application for certificate of occupancy and the medical marijuana collective shall be permitted to operate. 2. Maximum Number of Collectives: City shall issue no more than eleven (11) certificates of occupancy for the operation of medical marijuana collectives, subject to Subsections 2(a) and 2(b) below. if the number of certified medical marijuana collectives falls 'below e'leve'n (11), then the City shall issue additional certificates of occupancy pursuant to the terms of this Article. a. City council shall have the discretion to increase but not decrease the number of certificates of occupancy issued by the Planning and Building Agency to medical marijuana collectives pursuant to the terms of this Article. b. Any such exercise of discretion under Section 2(a) increasing the number of new certificates of occupancy above the current maximmn 19D-9 number of eleven (11) shall comply with the minimum non - priority registration standards enumerated in 18 -613 (A)(1)(c)(i). B. OPERATIONAL REQUIREMENTS. A medical marijuana collective shall be immune to the prohibition set out in Section 18- 612 and the remedies set forth in Santa Ana Municipal Code, so long as that medical marijuana collective obtains a certificate of occupancy and complies with the following operational requirements: SAFE RADWS RESTRICTIONS: The medical marijuana collective is not located within: A 600 -foot radius of a school as defined. under Health and Safety Code §11362.768 (h); ii. A 500 -foot radius of a public park; iii. The distances specified in this paragraph shall be the horizontal distance measured in a straight line from the property line of the school or public park to the front door of the medical marijuana collective without regard to intervening structures; iv. Medical marijuana collectives are prohibited in all use districts in the City except for the C'1, C4, C5, M1, P, and C -SM use districts where they are neither prohibited nor authorized. They are explicitly prohibited in the residential use districts: RE, R',1, R2, R3, R4, and CR. 2. NON - CONCENTRATION OF COLLECTIVES REQUIREMENT: The medical marijuana collectives shall be disbursed in accordance with the following: There shall be no more than one registered certified medical marijuana collective within any single retail or business property. DELIVERY RESTRICTIONS: The medical marijuana collective shall not deliver marijuana to its members within the City of Santa Ana unless the medical marijuana collective maintains insurance for its managers, volunteers or employees who deliver the marijuana and the medical marijuana collective maintains a location within the city of Santa Ana which possesses both a certificate of occupancy and business license under this Article. 4. LICENSE REQUIREMENTS: The medical marijuana collective shall maintain a valid state Board of Equalization state Seller's permit in the name of the collective. 19D -10 RESTRICTION OF MINORS ON PREMISES: The medical marijuana collective shall not allow minors under the age of 18 years to enter its premises during any hours of operation. 6. RESTRICTION OF MINORS AS EMPLOYEES: it shall be unlawful for any medical marijuana collective to employ any person who is not at least 18 years of age. VISIBLE MARIJUANA RESTRICTION: Any marijuana within a medical marijuana collective shall not be visible with the naked eye from the exterior of the business's premises. 8. ALCOHOL RESTRICTIONS: The medical marijuana collective shall prohibit the sale, dispensing, or consumption of alcoholic beverages at its location, in the parking area of the location, or within fifty (50) feet of the collective. 9. PREMISES USE RESTRICTIONS: The medical marijuana collective shall not allow any persons to inhale, smoke, eat, ingest, or otherwise consume marijuana at the location, In the parking areas of the location, within fifty (50) feet of the premises, or In those areas restricted under the provisions of California Health and Safety Code section 11362.79. This prohibition shall not apply to a qualified patients use of marijuana for his or her own medical needs if the qualified patient's permanent legal residence is at the medical marijuana collective's location, nor shall this prohibition limit or conflict with the exceptions provided in local and state law that permit smoking in designated areas within licensed residential medical and elder care facilities. 10. LEGAL NOTICE REQUIREMENTS: A sign shall be posted inside collectives and cooperatives, stating substantially as follows: "The diversion of cannabis for non- medical purposes is a violation of State Law. Loitering at the location of a medical marijuana dispensing or collective for an illegal purpose is prohibited by California Penal Code section 647(h). No medical marijuana shall be smoked, ingested or otherwise consumed on the premises of the collective or within fifty (50) feet of a medical marijuana. collective" Such sign shall be printed in 14 -point font or larger upon 8 % by 11 paper and posted at some conspicuous part of such site. 11, CULTIVATION, MANUFACTURING, AND PROCESSING RESTRICTIONS: Medical marijuana collectives shall exchange, sell, transfer, and distribute only marijuana or cannabis Cultivated, manufactured, or processed in the State of California and that has not left the State before arriving at the collective and that has been cultivated only by, and provided only to, its verified members in a closed - circuit of production and consumption. 19D -11 12. MEDICINE INVENTORY RESTRICTIONS: The medical marijuana collective shall possess only a reasonable quantity of dried marijuana and marijuana plants to meet the personal medical needs of their members. 13. EMPLOYEE BACKGROUND REQUIREMENTS: The medical marijuana collective shall utilize the Live Scan background check system as set forth in this Article prior to employing any manager, volunteer or employee. The medical marijuana collectives' managers must be registered members of the medical marijuana collective. Verification of all Live Scan applications received by a medical marijuana collective shall be processed and received by the Santa Ana Police Department in accordance with California Department of Justice guidelines; 14. EMPLOYEE BACKGROUND RESTRICTIONS: Prior to being offered a position of management or employment at a medical marijuana collective, an applicant for a position of manager, volunteer, or employee of the medical marijuana collective who dispenses medical marijuana must submit and successfully pass an annual Live Scan background check by December 31 of each year in order to be employed at the medical marijuana collective. A failed Live Scan is any Live Scan that shows a felony conviction having occurred within the past 7 years and /or shows that the manager, volunteer or employee is currently on parole or probation for the sale or distribution of a controlled substance; 15. PATIENT CONFIDENTIALITY: In order to protect confidentiality, the medical marijuana collective may maintain records of all qualified patients with a valid identification card and primary caregivers with a valid identification card using only the identification card number issued by the State or County pursuant to California Health and Safety Code section 113623, et seq. 16. MANUFACTURE OF CONCENTRATED CANNABIS RESTRICTION: The medical marijuana collective shall not participate in or otherwise engage in the manufacture of concentrated cannabis in violation of California Health and Safety Code section 11379.6. 17. SECURITY REQUIREMENTS: The medical marijuana collective shall provide the Following security measures: the medical marijuana collective shall maintain an alarm system reasonably designed to ensure the safety of persons and to protect the premises from theft; the collective shall provide a security guard patrol for the premises during all hours of operation; iii. the security guard patrol shall be a duly- licensed and uniformed security guard patrol; 19D -12 18. CHILD - PROOF SAFETY CONTAINER REQUIREMENT: All medical marijuana collectives shall distribute marijuana in only "Child Proof' equipped with either a "Push or Turn ", "Reversible" top vial, or "Pop Top" ov "Squeeze Top" locking mechanism. 19. SIGNAGE RESTRICTIONS: Outdoor signage on medical marijuana collective premises shall not contain pictorial representations of the marijuana plant or pictorial representations of marijuana use. 20, EDIBLE RESTRICTIONS: Medical marijuana dispensaries that prepare, dispense or sell edible medical marijuana products, or food containing any form of medical marijuana, must comply with and are subject to the provisions of all relevant state and local laws regarding the preparation, distribution, and sale of food. Failure to obtain and comply with all necessary permits related to the preparation, distribution, and sale of food will be an express violation of this Article. 21. ODOR RESTRICTIONS: A dispensary shall have an air treatment filtration or ventilation system that reasonably prevents odors generated from the storage of marijuana on the dispensary property. SEC. 18 -614. VIOLATION AND ENFORCEMENT. Each violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by Santa Ana Municipal Code. Additionally, as a nuisance per se, any violation of this Article shall be subject to legally authorized remedies, including procedures for injunctive relief, as well as procedures to revolve the medical marijuana collective's registration, certificate of occupancy for the business's location, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney's ,fees, and any other relief or remedy available at law or equity, The City may also pursue any and all remedies and actions available and applicable under local and state laws for guy violations committed by the medical marijuana collective and persons related or associated with such medical marijuana collective. SECTION 2. Santa Ana Municipal Code Part Il, Chapter 41, Article 1, Division 2, Scotion 41 -144 of is amended in its entirety to read: SEC. 41 -144. — RETAIL AND SERVICE USES. Retail and service uses include any use of property for the purpose of offering merchandise or services to the public for compensation, and include banks, savings and loan associations, and similar financial institutions, but do not include the following: (a) Sheet metal shops, body - fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity. 19D -13 (b) A hookah parlor as defined in section 41 -73.5 of this Code. (c) Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit in one or more uses districts to Article III of this chapter. SECTION 3. AMENDMENTS TO SANTA ANA MUNICIPAL CODE 21 -119 The people of the city of Santa Ana do hereby enact and ordain that Section 21 -119 of the Santa Ana Municipal Code is hereby amended to add the following: (All underlined language is new and to be inserted): Section 21 -119 — Gross receipts tax rates {5 Classification "I"'— "MarijuanaBusinesses" (a) — Every person engaged in the marfluann business not otherwise specifically taxed other provisions of this cha tep r shall pay a business tax of 150.00 for each Ji,000.00 of gross sales receipts or fractional parts thereof: (b ) - For the purpose of this section "marijuana businesses" includes "medical marijuana collectives" and means business activity including but not limited to planting, cultivation harvesting transporting manufacturing, compounding converting, processing, preparing, storing, packaging, wholesale, and /or retail sales of marijuana, any part of the plant Cannabis sativa L or its derivatives. It specifically includes medical marijuana or cannabis transfers by collectives and cooperatives and it specifically excludes medical mariivana or cannabis transfers by primary caregivers to their qualified patients as defined in Chapter 18 Article X1.11 of this Code; {c ) - For purposes of this section, a "medical marijuana collective" means ally activit -y regulated or }permitted by Article XIiI of this Code and California Health and Safety Code sections 11362 .5, et sect that involves transporting dispensing delivering, providing or manufaCtUring. compounding, converting, processing, _paring, storing packaging, or, testing harvesting, g ransporting dispensing delivering providing manufacturing, compounding, converting processing preparing storing Packaging, o testing any part of the marijuana plant for medical pur op ses• (d) _For the pupose of this Section tine above taxes aply only prospectively. The city, shall make no claim, current, retroactive, or prospective for payment by medical marijuana collective or any other City tax except for the City portion of any Sales Tax collected by the California State Board of Equalization; (e) — This tax shall be payable in quarterly installment payments by any organization falling under this Classification "F". 19D -14 SECTION 4. Majority Approval; Effective Date. This ordinance shall be effective only if approved by a majority of voters and shall go into effect immediately upon passage, SECTION S. Competing Measures. In the event that this measure and another measure or measures relating to the regulation of medical marijuana in the City of Santa Ana shall appear on the same ballot, the provisions of the other measures shall be deemed to be in conflict with this measure. In the event that this measure shall receive a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other relating to the regulation of medical marijuana in the City of Santa Ana shall be null and void. SECTION 6. Amendment and Repeal. The provisions of the Santa Ana Mumicipal Code added by, amended . by, or contained in this initiative measure may be amended only as provided in each section. The provisions of the Santa Ana Municipal Code added by, amended by, or contained in this initiative measure shall not be repealed, except by an ordinance adopted either by petition or by the Council at its own instance and adopted by a majority vote of the electors. SECTION 7. Severability. If any portion of this ordinance is for any reason held to be unconstitutional, invalid or unenforceable by a court of competent jurisdiction, that invalidity shall not affect the remaining portions of this ordinance which can be implemented without the invalid provision, and, to this end, the provisions of this ordinance are severable. SECTION 8. Statewide Regulation, This ordinance, and the provisions herein, shall be read consistent with any statewide regulation of medical marijuana that is promulgated by the' legislature or by voter approval in the future. SECTION 9. Special or General Election. This initiative ordinance shall be set for a special or regular election at the earliest time allowed by law. 19D -15 EXHIBIT 2 19D -16 Title: Initiative Authorizing Regulated Operation of Medical Marijuana Facilities Summary; The Initiative proposes an ordinance ( "Proposed Ordinance ") amending several provisions of the of the Santa Ana Municipal Code, including Chapter 18, Article R)I, "Medical Marijuana Dispensaries," Chapter 41, "Zoning," and Chapter 21 "BusinessUcenses," to allow Medical Marijuana Collectives ( "MMCs "), as defined in the Proposed Ordinance, to operate in the City of Santa Ana. The stated purpose and intent of the Proposed Ordinance is to be compatible with federal and state enactments, while regulating MMCs so as not to interfere with a qualified patient's right to use medical marijuana as authorized by California. The Proposed Ordinance states that MMCs are prohibited, but actually authorizes them by providing limited immunity from the. prohibition for up to eleven (11) MMCs to operate within the City, if the MMC obtains a certificate of occupancy for a retail and service use, and complies with all operational requirements provided in the Proposed Ordinance, In order to obtain a certificate of occupancy and business license, the MMC must be located; (1) in a zone that allows retail and service uses; (2) 600 feet from a school; and (3) 500 feet from a public park or any other registered MMC. In addition, if the MMC provides delivery of marijuana, the MMC must have insurance for such activity. The City may only issue eleven (11) certificates of occupancy, however, the City Council may increase the number of collectives, without voter approval, in the future. The Proposed Ordinance also creates a priority registration system for the submission of applications for a MMC certificate of occupancy and business license. Beginning thirty (30) days after the effective date of the Proposed Ordinance, MMCs that met certain property, incorporation, permit and license requirements by October 1, 2013, may submit a priority application for a certificate of occupancy and business license. Otherwise, MMCs that were not established by October 1, 2013, but find a location that meets all requirements, may submit an application for a MMC occupancy certificate and business license forty -five (45) days after the effective date of the Proposed Ordinance. The Proposed Ordinance also establishes several operational requirements for MMC's including, but not limited to, the following: limitations on location, exclusion of minors; prohibition of alcohol; restrictions on consumption of marijuana on permitted premises; conducting Live Scan background checks on employees; required security and carneras; and mandatory analysis of products for contaminants. Finally, the Proposed Ordinance amends the City's Business License Ordinance to provide that MMCs pay a business license fee of $50.00 for every $1000.00 in gross sales of medical marijuana. 19D -17 EXHIBIT 3 19D -18 April 2, 2014 REGISTRAR OF VOTERS 1300 South Grand Avenue, Bldg. C Santa Ana, California 92705 (714) 567 -7600 TDD (714) 567.7608 FAX (714) 567 -7627 www.ocvote.com NEAL KELLEY Registrar of Voters Mailing Address: P.O. Box 11298 Santa Ana, California 92711 Ms. Maria D. Huizar Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988, M30 Santa Ana, CA 92702 Dear Ms. Huizar: Enclosed is the Certificate as to Verification of Signatures for the petition entitled "Initiative Authorizing Regulated Operation of Medical Marijuana Facilities ". The Registrar of Voters verified 500 signatures. The cost per signature verified is $3.40 for a total cost of $1,700.00. An invoice is enclosed. If you have any questions, please feel free to contact me at 714. 567 -7606. Sincerely, Kay Cotton Candidate and Voter Services Manager kc Enclosure 19D -19 CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION State of California) )ss. County of Orange I, Neal Kelley, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the petition submitted to the City of Santa Ana entitled "Initiative Authorizing Regulated Operation of Medical Marijuana Facilities ". I further certify that from said examination I have determined the following facts regarding this document: Number of signatures filed: 10,007 Number of signatures required: 8,738 Number of signatures verified: 500 Number of signatures found valid: 262 Number of signatures found invalid: 238 Invalid because of Duplicate: 1 1 WITNESS my hand and Official Seal this 2nd Day of April, 2014. NEAL KEL Registra oters Orange County 19D -20 RANDOM SAMPLING VERIFICATION OF SIGNATURES The Irvine Support Our Schools Initiative of 2012 V = Number of Valid Signatures A = Value of Each Signature B = Extra Value of Each Duplicate Signature C = B x the Number of Duplicates 1. Calculate: l Raw Count (10,007) x Sufficient in Sample (262) = V (5,243.668); rounded to 5,244 Sample (500) 2. Divide: Raw Count (10.007) = A (20.014) Sample (500) 3. Multiply: A (20.014) x A -1 (19.014) = B (380.546) 4. Multiply: B (380.546) x Number of Duplicates (1) = C (380.546) 5. Subtract: V (5,244) — C (380.546) = Corrected Value (4,864) The petition is considered qualified, without further verification, if the random sampling determines that the number of valid signatures is over 110% of the number of signatures required. The number of signatures required: 8,738 110% of number of signatures required: 9,612 Random sampling 19D -21 am 101 FINAL Petition Result Breakdown NotReg OutOfDlst Duplicate RegOlffAdd NoResAdd SigNoMatch WrongCnty Signatures Required 8738 Raw Count 10,007 Sample Size 500 Percent of percent of Slgs Checked 500 sigs Checked sample size Sigs .Not Chocked 0 0.0% Sigs Valid 262 52.4% 52.4% Sigs Invalid 238 47.6% 47.6% Duplicated 1 0:0 % 0.2 % Non - duplicate Invalids 237 47,0% 47.4% �y Approved 262 52.4% Not Registered 188 37.6% Out of District 13 2.6% Signed more than once 1 0.2% Registered at a Different Address 27 5.4% No Residence Address Given 1 0,2 Signatures Don't Match 7 1.4% Page Filed In Wrong County 1 0.2% Total pages Circulators Checked cc: N. Kelley J. Berardino L.Strickland N. Mendoza K. Cotton M. Nielson J. Martinez M.Tn J. Boiarsky 2,223 No ICMR012 - Petition Result Breakdown 19D-22 Page 1 of -I Tinted: 3/25/2014 11:36:34AM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: (APRIL 15, 2014 TITLE: AGREEMENT AMENDMENTS FOR ROBERT ACOSTA & ASSOCIATES AND FIESTA DE CARNIVAL TO PROMOTE CARNIVALS AT CITY OWNED PARKS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 sl Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO WITIM90 Authorize the City Manager and Clerk of the Council to execute an agreement amendment with Robert Acosta & Associates to remove the Delhi Park and Rosita Park Carnivals for $4,500 each, subject to non - substantive changes approved by the City Manager and City Attorney. Authorize the City Manager and Clerk of the Council to execute an agreement amendment with Fiesta de Carnival to include the Rosita Park Carnival for $4,500, subject to non - substantive changes approved by the City Manager and City Attorney. Approve an appropriation adjustment reducing the projected carnival revenue in the amount of $4,500 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and reducing the appropriation to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300) by the same amount. DISCUSSION Annually, the Parks, Recreation and Community Services Agency (PRCSA) provides safe, clean, low cost carnival events for the community. On January 21, 2014 the City Council approved agreements with Robert Acosta & Associates and Fiesta de Carnival to promote various park carnivals. City staff has been in discussions with Robert Acosta and Associates. The promoter is unable to undertake the carnivals scheduled for April 25 -27 at Delhi Park and June 6 -8 at Rosita Park. An agreement amendment is being requested to remove the Delhi Park and Rosita Park carnivals from the agreement, Fiesta de Carnival indicated to the City that they would be able to promote a carnival at Rosita Park on May 9 -11. Therefore City Staff is requesting an agreement amendment to allow Fiesta de Carnival to promote the carnival as indicated. No substitute has been identified for the Delhi Park Carnival. 20A -1 Carnival Agreement Amendments and Appropriation Adjustment April 15, 2014 Page 2 FISCAL IMPACT The appropriation adjustment will reduce the projected carnival revenue in the amount of $4,500 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and reduce the appropriation of an equal amount to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). A� -4 - #': � Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gu tier e , a ,� -- - -- ��3 Executive Director Finance and Management Services Agency 20A -2 AMENDMENT TO NON- EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AMENDMENT, made and entered into this 15`x' day of April, 2014 by Robert Acosta & Associates (hereinafter "Promoter "), 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. On January 21, 2014, the City Council approved the Agreement for Promoter to promote various park carnivals hereinafter referred to as "said Agreement ". B. The parties desire to amend said Agreement to remove two (2) carnival events from Promoter's events to promote. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Section 3 of said Agreement shall be amended to remove the promotion of the carnivals at Delhi Park (April 25 -27, 2014) and Rosita Park (May 9 -May 11, 2014). Promoter will only promote the carnival at Cesar Chavez /Campesino Park (October 10 -12, 2014) 2. The total amount of fees Promoter shall pay to City shall accordingly be decreased to Four Thousand Five Hundred Dollars ($4;500.00). 3. All other terms and conditions included in said Agreement shall remain unchanged and have the same force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO City (Attorney By: Lisa Storck Assistant City Attorney DAVID CAVAZOS City Manager PROMOTER: Robert Acosta & Associates Robert Acosta Owner 20A -3 20A -4 AMENDMENT TO NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AMENDMENT, made and entered into this 15'x' day of April, 2014 by Fiesta De Carnival (hereinafter "Promoter "), 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. On January 21, 2014, the City Council approved the Agreement for Promoter to promote various park carnivals (Agreement A -2014 -021) hereinafter referred to as "said Agreement ". B. The parties desire to amend said Agreement to add an additional carnival event for Promoter to promote. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Section 3 of said Agreement shall be amended to add the carnival at Rosita Park to be held on May 9 -May 11, 2014. Promoter agrees to pay the City and City agrees to accept from Promoter an additional $4,500 for said promoting this carnival, The total amount of fees Promoter shall pay to City shall accordingly be increased to Twenty Seven Thousand Dollars ($27,000.00). 2. Exhibit A, attached hereto and incorporated herein reflects all of the carnival events and fees undertaken by Promoter. 3. All other teens and conditions included in said Agreement shall remain unchanged and have the same force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: c" Ltr Lisa Storck Assistant City Attorney DAVID CAVAZOS City Manager PROMOTER: FIESTA DE CARNIVAL Ted Holcomb Owner 20A -5 EXHIBIT A Fiesta de Carnival 2014 Carnival Dates 20A -6 Park Date Promoter Revenue 1 Cesar Chavez /Campesino April 4-6 Fiesta De Carnival 4,500 2 Rosita May 9 -11 Fiesta De Carnival 4,500 3 Madison May 23 -26 Fiesta De Carnival 8,750 4 El Salvador June 13 -15 Fiesta De Carnival 2,250 5 Madison August 29 -31 & Sept. 1st Fiesta De Carnival 7,000 27,000 20A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 16, 2014 TITLE: AGREEMENT WITH UNITED STORM WATER INC., FOR ARTERIAL CATCH BASIN CONNECTOR PIPE SCREEN INSTALLATION PROJECT (PROJECT NO. 14 -6821) CITY MAN GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0= 000:4 ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2na Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute an agreement with United Storm Water, Inc., subject to nonsubstantive changes by the City Manager and City Attorney, for the procurement and installation of catch basin screens, in an amount not to exceed $232,000, for the term expiring December 31, 2014, which may be extended in writing by the City Manager and the City Attorney to meet a revised installation schedule. 2. Approve an appropriation adjustment to receive $200,000 in Measure M2 funding into the Measure M2 Competitive- Street Construction revenue account and appropriate the same amount to the Measure M2 Competitive- Street Construction expenditure account for construction of the Arterial Catch Basin CPS Installation Project. 3. Approve an amendment to the Fiscal Year 2013/14 Capital Improvement Program to add the Arterial Catch Basin CPS Installation Project. DISCUSSION Approval of this recommended action will allow for completion of the Arterial Catch Basin Connector Pipe Screen (CPS) Installation Project. This citywide project will retrofit 580 catch basins on arterial streets with connector pipe screens, to prevent transportation- related pollutants from entering the storm drain system. The Orange County Transportation Authority (OCTA), in coordination with the County of Orange, has prequalified contractors to purchase and install automatic retractable screens, connector pipe screen full- capture systems, and catch basin inserts under the Environmental Cleanup Program (ECP). Based on cost and experience, staff recommends contracting with United Storm Water, Inc., to construct the proposed improvements. On May 6, 2013, the City Council approved a Funding Resolution (No. 2013 -018) authorizing staff to nominate water quality improvement projects with a transportation pollution nexus for consideration by OCTA for Measure M2 ECP funding. City staff submitted the Arterial Catch Basin CPS Installation Project to OCTA for eligibility review on May 17, 2013. 20B -1 Agreement with United Storm Water, Inc. April 15, 2014 Page 2 On January 3, 2014, the City received notice that the proposed project was selected for funding. The funding agreement specifies that OCTA will provide $200,000 toward construction of the project; and the City will provide $351,000 in funding for design, construction, construction administration, and in -kind services, including ongoing operations and maintenance for the life of the proposed project for a total estimated project delivery cost of $551,000 (see Project. Expenditure Summary below). The City will assume ownership of the system after the proposed project is completed, which is anticipated by the end of 2014. PROJECT EXPENDITURE SUMMARY Construction $232,000 Design 23,200 Construction Administration 34,800 Inspection 58,000 To receive OCTA Measure M2 funding, jurisdictions must prepare a seven -year Capital Improvement Program (CIP). To maintain eligibility for these funds, the CIP must be updated annually and submitted to OCTA. Since OCTA approval of the Arterial Catch Basin CPS Installation Project was obtained after adoption of the Fiscal Year 2013/14 CIP, Council approval is now needed to amend the CIP and ensure continued Measure M2 funding of the project. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemptions Environmental Review No. 2013 -41 (Project 14- 6821) was filed for this project. FISCAL IMPACT ECP grant funds in the amount of $200,000 will be deposited into the Measure M2 Competitive - Street Construction revenue account (03217002- 52332) and appropriated into the Measure M2 Competitive- Street Construction expenditure account (03217663- 66220). The City's matching share of $351,000 is available in the Federal Clean Water Protection Fund (Account 05717640- 66220). Edwin "William" Ivez, P. E. Interim Executive Director Public Works Agency EWG /CC Exhibit: 1. Agreement 2. Appropriation Adjustment 3. CIP Update APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 20B -2 AGREEMENT WITH UNITED STORM WATER INC. FOR PROVISION AND INSTALLATION OF CATCH BASIN SCREENS THIS AGREEMENT, made and entered into this 15`" day of April, 2014, by and between United Storm Water, Inc., a California corporation (hereinafter referred to as "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 referred to as ( "City "). RECITALS: A. City desires to enter into a contract for the provision and installation of "Connector Pipe Screens" (hereinafter referred to as "Catch Basin Screens ") for the Arterial Catch Basin Connector Pipe Screen Installation Project ( "the Project ") located in the City of Santa Ana. B. Orange County Transportation Authority has awarded funding for the Project through its Measure M2 Environmental Clean Up- Tier 1 Water Quality Grant Funding (ECPF) Program for the installation of Catch Basin Screens the Project. C, The County of Orange, entered into Agreement MA- 080 - 11011795 (Amendment #4) attached hereto as Exhibit A, by which Contractor has agreed to assume all responsibilities and obligations inherent with the procurement and installation of Catch Basin Screens through the ECPF Program. D. Contractor has agreed to procure and install Catch Basin Screens for the Project in conformance with the terms and conditions set forth in Orange County Agreement MA -080- 11011795 (Amendment #4), and as further agreed herein. 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: 1. SCOPE OF WORD Contractor agrees to provide all supervision, teclmieal personnel, labor, materials, machinery, tools, equipment, traffic control and services, security measures to protect its equipment and materials, as well as necessary permits to procure and install United Storm Water's Connector Pipe Screens, as set forth in Exhibit B, attached hereto. Said Catch Basin Screens will be installed for the Project, as shown on the project map attached hereto as in 'Exhibit B -1. All attachments to this Agreement are hereby incorporated by reference. The Contractor shall execute the work in accordance with the safety provisions of applicable laws and the building construction codes. Contractor shall keep the Property clean, safe and orderly during the course of the work and remove all debris upon completion of the work, The Contractor shall be responsible for any damages to property and/or injuries to persons (on or off -site) as a result of their execution of the work required by this Agreement. 2. REPRESENTATIVES AND NOTICE For the purposes of implementing this Agreement, the representative of the City shall be the Executive Director of the Public Works Agency or his designated representative. The representative of Exhibit 1 r1- the Contractor shall be Eduardo Perry, Jr. Except as may be otherwise stated, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. Any notice or instrument required to be given or delivered to either party to this Agreement may be remitted by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: If to the CITY: City of Santa Ana Public Works Agency — Design Engineering P.O. Box 1988, M -36 Santa Ana, CA 927021988 If to the CONTRACTOR: United Storm Water, Inc. 1400 E. Valley Blvd. City of Industry, CA 91746 Any notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three days after mailing by the above - described procedure, 3. COMPENSATION A. City agrees to pay, and Contractor agrees to except as total payment for any and all services under this Agreement, the rates and charges attached hereto as Exhibit C. The total amount to be paid for procurement and installation of all Catch Basin Screens shall not exceed Two Hundred Thirty Two Thousand Dollars ($232,000). B. Payment due Contractor for completed and accepted work shall be paid within thirty (30) calendar days after the City's acceptance of the work, receipt of Contractor's invoice and satisfactory releases of liens or claims for liens by Contractor, subcontractors, laborers, and material suppliers for completed work or installed materials. C. Payments may be withheld on account of defective work not remedied, claims filed, failure of Contractor to make payments properly to subcontractors or for labor, materials, or equipment, damages by another Contractor, or unsatisfactory prosecution of the work by Contractor, as determined by the City. 4. STANDARD OF PERFORMANCE In undertaking the performance of this Agreement, Contractor represents that it is proficient in the field of storm water catch basin installation. Work performed by the Contractor under this Agreement will be accomplished in compliance with such standards as may reasonably be expected from a contracting firm in that field or trade. Contractor shall perform the work in a professional manner with quality workmanship. S. CORRECTION AND DEFECTS Contractor shall correct any work that fails to conform to the requirements of this Agreement or any documents pursuant hereto, where said failure to conform appears during the progress of the work. Contractor shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one (1) year from the date of recording of the Notice of Completion by the City, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by this Agreement or any document pursuant thereto. 6. GUARANTEE Contractor guarantees the work performed for a period of one (1) year from the date of final acceptance of all the work required by this Agreement. Contractor guarantees all materials to be as specified and all work to be completed in a professional manner according to standard practice. Unless otherwise specified, all materials shall be new. Contractor shall leave the work in a finished condition as determined by acceptable building standards and to the satisfaction of the City. 7. TIME FOR COMPLETION/ TERM OF AGREEMENT Contractor shall commence work on the Project upon City's Notice to Proceed, and shall complete the project in a timely mamier. The Term of this Agreement shall be from the date first stated above through December 31, 2014, The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS. Contractor agrees to comply 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 all applicable federal, state, and local agencies. 9. INSPECTIONS City shall have the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement. Contractor agrees that all work found by such inspections not to conform to the applicable requirements shall be corrected by Contractor, and City shall have the right to withhold payment to Contractor until it is so corrected. 10. CHANGE ORDERS Any changes or deviations from Bid/Proposal, Specification, and approved Project Drawings, or the terms of this Agreement shall be effective only upon written consent of City and the Contractor. All change orders will specifically describe the work and /or changes, the new agreement price and time for completion. 11. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the City of Santa Ana, its officers, agents and employees from and against any and all loss or damage to property and from all injuries or death of any person or persons in the performance of the work under this Agreement. Contractor agrees to indemnify, defend and hold harmless the City of Santa Ana, its officers, agents and employees from and against any and all suits, actions or proceedings of any kind or nature arising out of the acts or omissions of employees or agents of Contractor or its subcontractors. rl- 12, INSURANCE With respect to performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors to maintain insurance as described below: (1) Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident, (2) Commercial general liability insurance or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall name Orange County and the City of Santa Ana and their officers, agents and employees as Additional Insured. (3) 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. All insurance coverages required pursuant to this section shall be primary and not contributory with respect to insurance or self - insurance programs maintained by Orange County and /or City; contain standard separation of insured provisions and provide waiver of subrogation clauses, Contractor shall furnish properly executed certificates of insurance and Additional Insured Endorsements to City prior to the commencement of work under this Agreement. Such certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to City. Contractor shall maintain such insurance from the time work first commences until completion of the work under this Agreement, and replace such certificates for policies expiring prior to completion of work under this Agreement. 13. ASSIGNMENT Contractor shall not assign any rights under this Agreement except upon prior written authorization of City provided that claims or money due or to become due from City under this Agreement may be assigned to a bank, trust company, financial institution or to a trustee in bankruptcy without such approval. Notice of any such assignment or transfer shall be promptly furnished to City. Contractor shall not subcontract any of the services required by this Agreement without written approval of City. Contractor shall not delegate any authority or responsibility that would in any way purport to relieve it of any obligation imposed by this Agreement. 14. CONFLICT OF INTEREST Contractor covenants that it is an independent contractor and not an employee of the City and that its personnel, employees and subcontractors are not employees of the City. Contractor presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the work under this Agreement. 15. UNAVOIDABLE DELAYS AND DEFAULTS The time of completion of this Agreement shall be extended by the number of calendar days which Contractor is prevented from performing work as a result of: inclement weather, acts of City not contemplated by this Agreement, the unavailability of workers or materials due to strikes, accident, acts of God, fie, unusual delays in transportation, unavoidable casualties, causes beyond Contractor's control, or any cause which the City may determine justifies the delay. The Contractor shall not be entitled to an extension in the number of calendar days for completion, unless, within five (5) days from the beginning of such delay, it notifies the City in writing of the causes of the delay, which causes must be acceptable to the City, 4 rI- 16. 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. 17. ATTORNEY'S FEES Should any litigation be commenced between the parties to this Agreement concerning the work which is the subject of this Agreement, any provision of this Agreement, or the rights and obligations of either in relation thereto, each party shall be responsible for its own attorney's fees and costs. 18. TUYIE OF ESSENCE Time is of the essence in performance of this Agreement, 19. EXCLUSIVITY OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to hiring of Contractor by City, and contains all the covenants and conditions between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement, acknowledges that no representations, inducements, promises, or agreement, 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 amendment to this Agreement shall be effective only if executed in writing and signed by City and Contractor. 21. 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 frilly set forth in the body of this Agreement. /// 20B-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney r By: Lisa Storck Assistant City Attorney r1- CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR: UNITED STORM WATER, INC. EDUARDO PERRY, JR. President EXHIBIT A — COUNTY OF ORANGE AGREEMENT i_fMcp r >?If7MI_kM. I),'. paab lien "rota :bl.- I- nRil- rIinrNi baked.yi, al tiuirr, A'ar. .:51f:1R7?fl' \"{ -it.4 �I:'I57'4t'Ai.a Ail t3mf;uTY4, RFTTe.n C T nTC[ A �'si'11 &:'f S S..icw~tiE}s�se Q'4)'tNp. ;'Piq l34`l6"F.:jS'r;nA : n OCArn or SV i If.M&AMU 10114 ISAMN I "M;iRTA i aAMV0 $='A S MU 311x1 dql'..;', Ihili Z[,C Me 'JOV! Lily nf.a rlN l 111 '!" ti VIN L {. 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C: nnedw 11pe Saw Nil L. 171101 `iyr:rLTma, aril (:=h L+axita in9ng ejrihle FcF.trin:on' p. :1, 2.C71 1 ;Cntt>ag14 B�t;t1h�,+.nly' 3.i, 1,C }i1r d'f;a'i-�- m'a!'tt>7� e�cltisrcrt ias ss "C ",tiral:i[t °t; artr9 lkllF,.UAf', ('uvm „v atati C'+arsartmrrge ix'uurd runcilf"e ai. 91 ti "Maw t;0tuiva e^ iontim darts+ to ,h, c At, ?fi l �: aeeli, t6 Il L2t iiA;^<, C4acing aalal Curl ^I a4�fU1 1Eill'L § -t:�l C'Rrni;na kuu r'a;rz^ €71 ,irSa9lirxtr7nf y�fir. Tat'crlti•oc J6d3y 7, af47.'. IFrtnrl!!i Jun!: .11h. "_G13. .rut1.. Vb1dM,'f{AS. {"Line +ty mild 4hmnewr rer} mW I:'mrltrae¢ for ea i ;1Y a19t °iY arr21 ;~I r, a3ffi�a9 kvv Eule L'IJI i i7rrotrl;h J iune;4lt, ?Ibl -g . }are# r. �:4'aasa�9 c,.hatlur 7>ria nth, n nd, Vt P t f S'1' "A,S, b[rh 6'al'I1.Y nh n+ cf:sir : to amend idre Crantmact €.� r�rR:n: fnr r5ne (I j a:l,JiRi�rrrl ryc;rr; :uetl, N4:) "" r1PkCr0 L.tlr'k rEi .It6ite''n +(olltirsa,. A-I I I cj' q�t9 I Ihe. terra tal iEhc Ucriiravi %small be jalwwed tnr s nerioci uYnma (1'P,VVV efYaI!Iiv>"'.ImYf 1, )1:i14 tlh(OU�h ?. ,Ankic V knit -tar alre f,'r snot nftif be antenand sn rord the nowny an Jo7 oa 2. ""�"ta na: C"im€ml mittrll A aSet,6c T7ady 1. 201.6 and shall wctuit w Am nnc ycv fiham Mat daer', lait6css ofhyr• +.'Isw: tsanlioa,,te'e9 us luzaiit6crl�ca'�iit. 3 rAll ptlix 6t'ulx• -;nnV e¢tu E,ttm:LV A tdi.. Cnxa €Iasi' slh� l rasa7awro un 9 rY d dae d txy h tul4 Cincc arlhV dYcti r, "t PogrIgf2 rf- • C''rrm"ol °to 4hmi,2le, fX hibik If arkw G'nRrri Vont; I4'raw,, ltri'. 11,+480,id171 i 74i 4N \�I'iP:ES~s \'I115ItISt,il Ill Par; iC, hCTrtsr Fein'. [n:',tisalx:d ilru; :Vna:mdrncr,X it)] ;17; Y {atr, lira.:rlantc t°+t'ittec. 1- R'.il "[;:id:+`M101 WA- 14-IN, Iti'C_ P 1,2lc i)r Cal; Ii IP,: \Y I1.10 1.11 it I tit tt4a Mime riu:4tdcrl7l;c,ryJr___...,. 'I ilfy Rrp.gdpni: S °Y +tt'ntt�lc Ofiiccr Dw I C'd7 U h'' ➢ "`ti/ Y)g" Cf9i „1 �i4' =i'e, a �trliticall atdal99r =bls,ui al'197t StaYi:,)PC'i311divltia I�R 14'36 •�•,�. ^�- i Tide . L?4a%�t'4'..1°.,Ltrt;. ilfia�,ll "' ii rtJ'n4 i„ r,6.r9 r':.......... ...._.... __.. r't toil tti:wnc Fing➢�tI.F'trlt"s I isfic �gYGPt31e1i'v } /7Yrv��5'Idd'tlY i I>utr _.. 111 dw c.oltlris tine! party is n c orpprali i ran, 12) 1w91 nlym,ruew arc 1:11wred '113" t I I Ii nps,W,un' by thu ( It ill ;it 111 it till,, i,o arip, the Presidolt o, mny Vice Prvi;idt>m; brill isle 1 i) a,^ tlhg eerwtnty, MAY ,Sa',=4 nr , dv- t.hlef F unic nl 9 i fit t,r or my Arai Uunl 1 " file RFNmatsyrur of one pw� s' n ol.otru r,, ; affii;i ent to I:'rard a r,"ngxrrntion, NV Wnu is.; hs Isr "Jig holde lmrpnstrte owleos Li clinh of die ttw t,uuln' mQq sCLaenbM ahov., Tux C:a'nui,za pntp eca, +rc�f l "stu'h duull r t +, m hFldasu zvvli 12ti ,+,rU a #tc r ,f YztiMnt, 11 ,,tad'sv W11 d ti;;re ilsc a �os:rrrcnft ttvx(" , It"U t TmIL nadiraun:„ Im ❑r her s*fiws bial S ralifrca' uo'd,a 6v abuvo elt,_I Rlu i7rtr'Lz'stnr . in the sthcr'n.zttic. u xiarele ct lots rsnr- ithma is is :teat r.idalc tvht n ae mul4jnic°J b a eot:pmraut r mWil hill dzttnHasu atilt i 113e IgMl anrthutitlr cerk xige,;nsu ill mill Aft cullioldiion., 5x/17 >)f I1n r,•° ! nr p ' 20B -10 EXHIBIT B - CONNECTOR PIPE SCREEN � 3 a =og � � m n 6 N rn @ F csaenasivrte 'vaoaeaxecccm�wwxeemesmmc.�meao � • .Fea°a °ovop �ea8eeeee8'e° ae °a °e "n"eo °a o'n °On° a °e °^ia °a °° it R b � e 6 9 SQSK � a i I / rGLL wg S /lj tw: Wag, a 7 n� 9 20B -11 10 , \ \ ! E) !!){ a )� | |! § * m , } � } \� \ 208.12 ® / ®� ® W!") ) ))/ } § � � ! q [ < < £ ! , } � } \� \ 208.12 \� \ 208.12 208.12 � \!\ ' !| ! , ` !} «£ \LL.f ^ e yj » d] ( ) /00 . . . ------------- !1 208.12 { | � \!\ ' !| ! , ` !} «£ \LL.f ^ e yj » d] ( ) /00 . . . ------------- !1 208.12 j/ ! ! ! / { |/ \ §t s �{ \\ §\ . x ^ � - w \x \. �* � � I cc ®) \ �ƒ\ ] ...�.�/ ¥. • \ \ � 2 Im - §} j!�! !: 20B.14 S � s a 3 N � y •- �S3 o�j bN � yob �yy H J� s j f � a= e$� m j h T d nmm j NH og > m 13 20B -15 EXHIBIT BI - PROJECT MAP 14 20B -16 EXHIBIT C — PRICING Prate. M,'! 'Ole t`nllaadng Ml cshjoalveq have been satisfied throai,eh ccniraa pricing: L Pricing is based on device aiaung including brearlca raa. dis(;onrAts for Ttantity ordors. Pricing sitar!! l Judo histaRlbattarms. itletnlry il' Pricing is Ater lincal fulat or fw� ewfiv cmiis. ii' Bust& uiMi based on iiatwriais, contractor %vilt provido a separatr pdciiig, module. z, Volume based pricing has been esubli3bed. As the prngram grn%vs die evoornaiaa of aea[a, wall' banefit Onango County taawpuvyem and Program participmr¢a. 15 20B -17 ri- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: CONTRACT AMENDMENT AND AWARD FOR OFFSET PRINTING SERVICES (SPEC. NO. 14 -005) CITY MANA _R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Amend the contract with Anytime Printing for offset printing services by $8,000 for a total amount not to exceed $33,000. 2. Award a contract to Mekong Printing, dba MK Printing, for offset printing services for a three -year period in an annual amount of $80,000, with provisions for two one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Central Services Division supports all City Departments with the duplication and printing of City stationery, forms, flyers, and various other print requests. Print requests of less than 5,000 copies are produced in -house and larger volume requests are produced through third party vendors. Utilizing third party vendors is a cost effective method of producing high volume requests given the vendors large scale equipment. The contract for offset printing services is designed to provide quality products in a timely manner and at a significant savings based on quantity pricing. The notice soliciting proposals was advertised on February 21, 2014 on the City's online bid management and publication system. A summary of the solicitations and proposals received is as follows: 18 Vendors notified 4 Santa Ana Vendors notified 11 Vendors downloaded the solicitation 6 Proposals received 2 Proposals received from Santa Ana vendors Proposals were received, opened March 6, 2014 and evaluated (Exhibit 1). Proposals were evaluated based on the specifications, quality of print samples, pricing and references provided. 22A -1 Contract Award for Offset Printing Service April 15, 2014 Page 2 The offer from Mekong Printing, dba MK Printing, a Santa Ana vendor, received the highest percentage score in the evaluation process and meets the City's requirements. The annual amount is based on past usage and staff projections for this contract period. To close out the existing offset printing contract with Anytime Printing, staff recommends increasing the aggregate limit to reconcile the final billing. FISCAL IMPACT Funds are available in the various departmental Miscellaneous Operating Expenses account (no. 63001). C; Francisco Gutierrez r Executive Director 7 Finance and Management Services Agency sp 22A -2 PRPOSALS ABSTRACT OFFSET PRINTING SERVICES (14 -005) Apollo Printing & Note Pads Bidder Mekong Printing Graphics Mailing U.S. Inc. Location Santa Ana, CA Anaheim, CA Orange, CA As stated on As stated on Delivery contract As stated on contract contract Total Points out of 100 97 89 87 Ranking 1 2 3 Pacific Graphics, Bidder Inc. Anytime Printing Fontis Solutions Location City of Industry, CA Santa Ana, CA Irvine, CA As stated on As stated on Delivery contract As stated on contract contract Total Points out of 100 80 75 69 Ranking 4 5 6 EXHIBIT 1 22A -3 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: CONTRACTS RENEWAL FOR VARIABLE FREQUENCY DRIVES AND MOTOR CONTROL CENTER UPGRADES FOR WATER SYSTEM PUMPS (SPEC NO. 12 -015) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: FANNOGIT /AW ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contracts for variable frequency drives and motor control center upgrades in an aggregate amount of $500,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor: Location: Carter Industrial Automation, Inc. Los Alamitos Academy Electric, Inc. Orange Hydro Industrial Electric Corp. Redlands DISCUSSION On March 12, 2012, a notice inviting bids was advertised for variable frequency drives and motor control center upgrades. Of the six bids received, staff recommended awarding contracts to the three vendors with the lowest bids, to allow for competitive quotes on any given job. On May 7, 2012, Council approved the award of contracts to Carter Industrial Automation, Inc., Academy Electric, Inc., and Hydro Industrial Electric Corp., for a one -year period with provision for two one - year renewals. The first one -year renewal was approved by Council on April 15, 2013. Staff is recommending approval of this second contract renewal. Carter Industrial Automation, Inc., and Academy Electric, Inc., have agreed to renew their contracts without an increase in price, while Hydro Industrial Electric Corp. raised their hourly rates by one percent. The aggregate contract amount of $500,000 is based on expenditure projections for this final contract period. The Public Works Agency operates 20 active water wells and seven water pumping stations to supply the City's drinking water. In order to maintain a smooth running water system, staff has upgraded many of the water facilities with Variable Frequency Drives (VFDs) and Motor Control 22B -1 Contracts Renewal for Frequency Drives and Motor Control Center Upgrades April 15, 2014 Page 2 Centers (MCCs) with programmable logic controllers. These devices monitor and control the pumps and motors that produce the City's potable water. Additionally, the equipment reduces the amount of electricity consumed to power the pumps and motors. Updating aging pumps and well controllers helps to operate the water system more efficiently and allows staff to improve control of the pressure and flow of water throughout the City. The Water Resources Division staff has identified both the East and Crooke Pumping Stations as requiring new MCCs and VFDs. Both pumping stations were completed in 1970 and require a number of upgrades, including electrical panel replacements to modernize stations. Additionally, both stations are connected to reservoirs and consequently require additional components to complete the upgrades. Given the number of upgrades, the cost to modernize these two pump stations is significantly higher than previously upgraded water wells. Replacing the MCCs and VFDs will allow the water production operators to control the pumps and motors more effectively, and assist in accurately responding to daily water demand fluctuations. In addition to the purchase of upgraded equipment, the vendors provide specialized electrical services which are periodically required at City water wells and water pumping stations. FISCAL IMPACT Funds are available in the Water Utility Water Production & Supply account (no. 06017640- 62300). ""William- P.E. Interim Executive Director Public Works Agency BI /sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez' y Executive Director Finance and Management Services Agency 228 -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: iNi!Ilk� '. " , , \% CONTINGENCY INCREASE FOR BROADWAY REHABILITATION AND WATER MAIN IMPROVEMENTS FROM CIVIC CENTER DRIVE TO SANTA CLARA AVENUE {PROJECTS 116743 & 1164151 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2o0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For® CONTINUED TO 0X t10 --m: Increase the contract contingency for the Broadway Rehabilitation and Water Main Improvements Project by $650,000, which increases the Christensen Brothers General Engineering, Inc., construction contract to a maximum of $5,383,144.65. 2. Authorize the City Manager to execute change orders in an amount not to exceed the total authorized contract. DISCUSSION The recommended action will allow the City to cover cost extras anticipated on Broadway north of 171h Street similar to those conditions encountered south of 17th Street. These cost extras are related to underground and pavement conditions on Broadway that were unforeseen. The Broadway Rehabilitation Project consists of upgrades and /or replacement of underground utilities, including the city's water main and water services, followed by street improvements including replacement of curb and gutter, removal and replacement of damaged sidewalks and curb ramps, and reconstruction of the pavement. The work limits on Broadway are between Civic Center Drive and Santa Clara Avenue. On August 5, 2013, the City Council awarded a contract to Christensen Brothers General Engineering, Inc., in the total amount of $4,733,144.65, which included a 10 percent contingency. While potholing the existing utilities in advance of installing the new water main along Broadway, unforeseen concrete pavement was encountered beneath the street, despite coring logs that showed cement treated base at certain locations. Staff also discovered that a sewer trench constructed in the late 1960's was not properly compacted, causing significant voids under the concrete pavement. Consequently, these unforeseen conditions resulted in necessary redesign and additional quantities of asphalt to pave the street. 23A -1 Contingency Increase Broadway Rehabilitation Project April 15, 2014 Page 2 The underground work on Broadway south of 17th Street is nearly completed, and the pavement conditions have been fully revealed. Staff is anticipating similar conditions north of 17th Street and staff therefore recommends making financial preparations to accommodate cost extras without delaying the construction activities. This is critical now that the project is in the second half of the construction phase. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for the increased construction contingency of $650,000 for the Broadway Rehabilitation and Water Main Improvements Project is available as follows: • $200,000 - Traffic Congestion Relief HUT Fund (Account 05917663 - 66220) $450,000 - Water Utility Capital Projects Fund (Account 06617647 - 66301). The Revised Cost Analysis (Exhibit 1) has been adjusted to reflect the total estimated project delivery cost of $5,813,430.65. APPROVED AS TO FUNDS AND ACCOUNTS: G� ' �k� 6c13` .1 Edwin "William" G [Vez, P.E. Francisco Gutierrez Interim Executive Director Executive Director Public Works Agency Finance & Management Services Agency EWG /tc Exhibit: 1. Revised Cost Analysis 23A -2 REVISED COST ANALYSIS PROJECT NOS. 116743 AND 116415 CONTRACT AWARD FOR BROADWAY REHABILITATION AND BROADWAY AND WASHINGTON AVENUE WATER MAIN IMPROVEMENTS Construction Contract (base) $4,302,858.65 Contingency (Original 10 %) $430,286.00 Added Contingency (-15 %) Recommended $650,000.00 $5,383,144.65 Contract Administration $172,114.00 Inspection and Testing $129,086.00 Survey $129,086.00 TOTAL ESTIMATED PROJECT DELIVERY COSTS $5,813,430.65 Exhibit 1 23A -3 23A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: CONSULTANT AGREEMENT WITH KEYSER MARSTON ASSOCIATES FOR HOUSING OPPORTUNITY ORDINANCE PROGRAM ANALYSIS AND MANAGEMENT SERVICES RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: M.T.-JETOWEI"k ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®c 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 the attached consultant agreement with Keyser Marston Associates to allow a one year contract, with two one year renewal options, for a potential total of three years in an amount not to exceed $35,000 for Housing Opportunity Ordinance program analysis and management services, subject to non - substantive changes approved by the Executive Director and City Attorney. DISCUSSION In 2011, the City Council approved the Housing Opportunity Ordinance outlining the inclusionary housing requirements for residential projects. To that end, Keyser Marston Associates provided expertise and knowledge assisting in the creation of the ordinance. Keyser Marston Associates, a firm having specialized skills and knowledge in the field of financial consultation and development, has assisted in the financial evaluation of residential development projects. The funding and scope are targeted specifically for the firm's financial consulting expertise associated with procedures and financial analysis of residential developments subject to the Housing Opportunity Ordinance. Staff is requesting City Council approval of the Keyser Marston Associates consulting services due to the staff knowledge and expertise in the financial development field with respect to development projects and activities. Keyser Marston staff has the requisite specialized skills and expertise in the area of project/ program management and implementation, particularly with respect to the Housing Opportunity Ordinance structure and requirements. It is recommended that Keyser Marston Associates contract be approved to provide a means to supplement the Planning and Building Agency's efforts to implement the requirements within new housing developments. 25A -1 Agreement with Keyser Marston Associates April 15, 2014 Page 2 FISCAL IMPACT Funds are available in the Planning and Building Agency account for contractual services (no. 01116510 - 62300). Karen Haluza q Interim Executive Director Planning and Building Agency SK: rb Wreporls%eyserMarston HOO 9.10.14 Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25A -2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this _ day of 2014, by acid between KEYSER MARSTON ASSOCIATES, INC., 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 City desires to retain a consultant having special skill and knowledge to provide on. call consulting services to assist the City's Planning and Building Agency with the implementation of the Housing Opportunity Ordinance. 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 tenns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide development project and Housing Opportunity Program management consulting services on an on -call basis to the City. The scope of services and budget is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work products that result from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with the City's computer system, 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 for 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 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, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. L*IIlIMIS 25A -3 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $35,000.00 during the term of this Agreement. 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 one (1) year from said commencement date, or upon the depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions below. This Agreement may be renewed for up to two (2) additional one (1) year terms, for a potential total of three (3) years, upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 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: 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 2 25A -4 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. 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. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. 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 famished 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. e. 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. 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 due to negligent acts, omissions or willful misconduct, 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, and to the extent of Consultant's, negligent acts, omissions or willful misconduct in the performance of this Agreement. 25A -5 S. 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 father 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 infornation, 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 tinder 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: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973 -1461 4 25A -6 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: Kathleen Head, Managing Principal Keyser Marston Associates, Inc. 500 South Grand Avenue, Suite 1480 Los Angeles, CA 90071 telephone (213) 622 -8095 telefacsimile (213) 622 -5204 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 terns 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 proposal or other instrument that are inconsistent with, or in addition to, the terns 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. 25A -7 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. NON - 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 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 o£, 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 its 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 25A -8 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Atto ( n By: ' Ryan FOR APPROVAL: KAREN HALUZA Interim Executive Director - PBA CITY OF SANTA ANA DAVID CAVAZOS City Manager KEYSER MARSTON ASSOCIATIONS, INC. KATHLEEN HEAD Managing Principal 7 25A -9 EHIBIT A SCOPE OF SERVICES (Attached) 25A -10 > 1 KEYSER MAR,S"]TON ASSOCIATES. ADVISOR$ IN PV0LIC /PILIVATE A; AL ES WrE Drvm,Opmr Ni, March 20, 2014 AnVIRoAs IN[ Sergio Klotz REALETTATH Planning and Building Agency (M -20) RRREVELORMENx Principal Planner A"onamnOIIRRJO City of Santa Ana ECONOWC DEVELOR.vENT LOR ANG'RL"IR Keyser Marston Associates, Inc. (KMA) is pleased to submit the following proposal to " JANIESA.RA"° provide on -call consulting services to the City of Santa Ana Planning and Building lAnres A. RARe p 9 y 9 9 GnuoRYD.soo -loo Department (City). Specifically, KMA Is proposing to assist the City with the INGSTROM 7uLm L, RO:Aiv WY implementation of the Housing Opportunities Ordinance (Ordinance). SAN DIRCC The proposed scope of services would be provided by the KMA Los Angeles office. The PAULG WARRA contact person for this proposal, and the Principal -in- Charge of this engagement is: Kathleen Head, Managing Principal Keyser Marston Associates, Inc. 500 South Grand Avenue, Suite 1480 Los Angeles, California 90071 Telephone: 213,622.8095 / Fax: 213.622.5204 Email: kheadpkeysermarston.com At this time, the City is requesting the following services: Assistance in completing the Administrative Procedures Manuals for the Ordinance; and Assistance in the evaluation of projects that are submitted for the payment of the in -lieu fee allowed by the Ordinance. Recognizing the general nature of the City's request for services, KMA proposes that the City execute a general services contract with a $25,000 cap. Then, as specific projects are identified by the City, KMA proposes the following implementation process: 500 SOUTH GRAND AVENUE, SUITE 1480 : LOS ANGELES, CALIFORNIA 90071 Y FE10NE: 213 622 8095 r FAX: 213 622 5204 W W W.KEYSERMARSTON,COM 25A -11 1403011; KMA:KHH 99900.900 20 Civic Center Plaza, Ross Annex SAN FRANCISCO Planning and Building Agency (M -20) JERRY KEYReR A. JRRRY TW07HY C. KRI.Y Santa Ana, California 92702 KATe EARLE FUNK DRRRIE M. KERN 11EM T. xAWAilARA Dear Sergio: DAVNDORZEVA LOR ANG'RL"IR Keyser Marston Associates, Inc. (KMA) is pleased to submit the following proposal to " JANIESA.RA"° provide on -call consulting services to the City of Santa Ana Planning and Building lAnres A. RARe p 9 y 9 9 GnuoRYD.soo -loo Department (City). Specifically, KMA Is proposing to assist the City with the INGSTROM 7uLm L, RO:Aiv WY implementation of the Housing Opportunities Ordinance (Ordinance). SAN DIRCC The proposed scope of services would be provided by the KMA Los Angeles office. The PAULG WARRA contact person for this proposal, and the Principal -in- Charge of this engagement is: Kathleen Head, Managing Principal Keyser Marston Associates, Inc. 500 South Grand Avenue, Suite 1480 Los Angeles, California 90071 Telephone: 213,622.8095 / Fax: 213.622.5204 Email: kheadpkeysermarston.com At this time, the City is requesting the following services: Assistance in completing the Administrative Procedures Manuals for the Ordinance; and Assistance in the evaluation of projects that are submitted for the payment of the in -lieu fee allowed by the Ordinance. Recognizing the general nature of the City's request for services, KMA proposes that the City execute a general services contract with a $25,000 cap. Then, as specific projects are identified by the City, KMA proposes the following implementation process: 500 SOUTH GRAND AVENUE, SUITE 1480 : LOS ANGELES, CALIFORNIA 90071 Y FE10NE: 213 622 8095 r FAX: 213 622 5204 W W W.KEYSERMARSTON,COM 25A -11 1403011; KMA:KHH 99900.900 Sergio Klotz March 20, 2014 City of Santa Ana Page 2 1. The City staff will contact KMA with a description of the assignment. 2. KMA will provide a budget estimate for the City's approval. 3. Once KMA has received approval to commence work on the assignment, we will undertake the work product In accordance with the agreed upon scope of work. The KMA billing rate schedule that will be applied to the services provided under the contract are as follows: Managing Principals $280.00 Senior Principals $270.00 Senior Associates $187.50 Administrative Staff $80.00 KMA appreciates the opportunity to work with the City of Santa Ana. If you require any additional Information, please do not hesitate to contact me. Sincerely, KEYSER MARSTON ASSOCIATES, INC. Kathleen Head 25A -12 1403011; KMA:KHH 99900.000 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 (3 0) 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 Authorized Representative 25A -13 25A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: AGREEMENT WITH SIEMENS INDUSTRY INC. FOR POLICE FACILITY FIRE SYSTEM MAINTENANCE AND CITY -WIDE HVAC SYSTEM REPAIRS I � zl'_� / CITY MANAGE 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 Clerk of the Council to execute an agreement with Siemens Industry, Inc. to provide Police facility fire system maintenance and City -wide HVAC system repairs for a one -year period in an amount not to exceed $62,610 subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department utilizes Siemens Industry, Inc. fire systems and controls throughout its administration and holding facility. Siemens provides fire system maintenance, which includes emergency on -site response 24 hours a day, an annual test of all fire systems by certified specialists, sensitivity testing of all smoke detectors, cleaning of smoke detectors, and repair and replacement of failed or worn components. The cost for this service is $32,610 annually. In addition, other City facilities, including City Hall, the Main Library, City Yard, El Salvador Center and the Regional Transportation Center utilize Siemens for HVAC maintenance and repairs. The cost for this service is estimated to be $30,000, for a total not to exceed agreement amount of $62,610. The agreement includes a 30 day termination clause. Siemens has performed well during the previous contract term, and staff recommends contracting with Siemens for an additional one -year term. FISCAL IMPACT Funds are available in the Police Department's Building and Facility account (no. 01114403 62300) and other department's contract services accounts (nos. 62300). i Carlos Rojas Acting Chief of Police APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director, Finance & Mgmt. Services 25B -1 25B -2 MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT, made and entered into this _ day of April, 2014 by and between Siemens Industry, Inc. (Building Technologies Division), a Delaware 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 desires to retain a Contractor having special skill and knowledge in the field of administering, maintaining and testing the fire alarm system at the Santa Ana Police Department, and repairing and maintaining the HVAC System at all City buildings. B. The City and Contractor have had a contractual relationship since 2009. The last agreement (A- 2013 -155) was entered into on September 13, 2013 and expired on December 31, 2013 ( "said Agreement "). The parties had intended to extend said Agreement, but no extension was executed. Consultant has continued to provide services and City has continued to utilize Consultant during January 2014 to the present which City intends to compensate. C. Contractor represents that it is able and willing to provide such services to the City. D. 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. 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 A. Contractor shall perform fire alarm administration, maintenance and testing on the fire alarm system at the Santa Ana Police Department as outlined in the specifications attached as Exhibit A to this Agreement entitled "Advantage Services Agreement ", B. Contractor shall perform such services as may become necessary for maintenance and repair of the City's HVAC system as requested by the City at the rates set forth in the attached Exhibit B to this Agreement entitled "Authorization to Proceed ". 2. COMPENSATION A. Contractor shall perform fire alarm administration, maintenance and testing on the fire alarm system at the Santa Ana Police Department as outlined in Exhibit A as needed, and will bill the City on a quarterly basis at a rate of $8,152.50 per quarter for a total annual amount 25B -3 of Thirty Two Thousand Six Hundred Ten Dollars ($32,610), as set forth in the letter from Contractor dated January 6, 2014, attached hereto and incorporated herein as Exhibit C. B, Contractor shall perform such services as may become necessary for maintenance and repair of the City's HVAC system as requested by the City at the prices set forth in Exhibit B, specifically ASA Customer Rates, for a total not to exceed amount of Thirty Thousand, Dollars ($30,000). C. The total suin to be expended under this Agreement for all services shall not exceed Sixty Two Thousand Six Hundred Ten Dollars ($62,610) annually, during the term of this Agreement. D. 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 The Effective Date of this Agreement shall be January 1, 2014, and Termination Date of December 31, 2014, unless terminated earlier in accordance with Section 12, below. The Term of this Agreement shall cover and compensate for services rendered by the Contractor to the City from January 1, 2014, in order to provide continuous uninterrupted service to the City. 4, 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. 5. 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 insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage 25B -4 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, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 incident. d. 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. e. 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 effect 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. 6. 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 I of this Agreement; and (2) from any claim that personal injury, damages, just 25B -5 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 Contractor 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. 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. 8. 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. 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 r Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 Copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Contractor: Siemens Industry, Inc. (Building Technologies Division) 10755 Business Center Drive Cypress, California 90630 Facsimile (714) 761 -0274 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 facsimile, 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 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 instrun sent 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 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. 25B -7 11. 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. 12. TERMINATION This Agreement maybe terminated by either party upon thirty (30) days written notice of termination. Additionally, City may terminate this Agreement upon thirty (3 0) days written notice of Contractors failure to perform in conformance with the Specifications set forth in Exhibit A. 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. Payment need not be made for work which fails to meet the standard of performance specified in the specifications set forth in Exhibit A. b. Material Breach. If the City determines Contractor has failed in the performance of the duties as provided herein, the City may consider Contractor in material breach. City may exercise all remedies in law or equity for said breach, including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or delay in performance, and 2) directing the work be accomplished by either City personnel or another contractor at Contractor's expanse, as determined by the City. Contractor shall be responsible for all costs resulting fitom any breach, including incidental and consequential damages. 13. 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. 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. r 15. 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. 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 fiilly, 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. {Signatures on foliowingpage) 25B -9 IN WITNESS WHEREOF, the parties hereto have executed this Maintenance Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Xr /� , p� "�fL, A Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager SIEMENS INDUSTRY, INC. Building Technologies Division By: Title: Tax ID# 25B -10 EXHMIT A SCOPE OF SERVICES 25B -11 Advantage Services Agreement for January — December 2013 City of Santa Ana September 5, 2013 Siemens Industry, Inc, 9/5/2013 25B -13 Page 1 Table of Contents Advantage Services 1 Overview 1.1 Executive Summary 1.2 Customer Objectives 1.3 Current Situation IA Siemens Capabilities & Commitment to Our Customers 2 Service Solution 2.1 FIRE ALARM & LIFE SAFETY SERVICES 2.1.1 Customer Support Services 2.1.2 Technical Support Services 3 Service Implementation Plan 3.1 Maintained Equipment Table 3.2 Additional Fire Alann Material List 3.3 Service Team 1 Siemens Industry, Inc. 1.1 Signature Page and Investment By and Between: 1.2 Terms And Conditions Appendix. A. Discounted Labor & Mattriat Pricing Siemens Industry, Inc. 9/5/2013 Page 2 25B -14 1 3 3 3 3 4 4 4 4 5 5 5 d 7 R 8 9 1.2 I Overview 11 Executive Summery You have made a significant investment in your facility and its complex technical systems which are critical to the profitability and productivity of your overall business. This proposed service solution, our Service Agreement, will proactively serve to protect that substantial investment through a program of planned service tasks by our trained technical staff, This Service Agreement has been specifically developed to support your unique facility, and the services provided herein will help you in achieving your facility goals. • Siemens Project and Account Management Manage and coordinate service program (On and Off Site), responsible for ensuring that our contractual obligations are delivered, your expectations are being met and you are satisfied with the delivery of our services, NIFPA 72 Fire Alarm Testing and Inspections 100% Annual testing of all fire panels, annunciation, smoke detectors, heat detectors, duct detectors, manual pull stations, audio and visual devices, including horns and strobes, magnetic door holders. Semi - Annual testing of waterflow and tamper switches. Smoke Detector Cleaning and Sensitivity also included. 1,2 Customer Objectives City of Santa Ana, Police Department is requesting a proposal to provide fire alarm system maintenance services under one program that coincide and meet NFPA 72: National Fire Alarm Code® and as adopted by the local authority having jurisdiction, This program will include scheduled testing only. Labor, field devices and equipment coverage or replacement is not included in this agreement. This program will encompass the following buildings /campuses: • City of Santa Ana, Police Department — 60 Civic Center Plazu, Santa Ana, CA 92702 City of Santa Ana, Police Department and Siemens Industry, Lie. understand that all buildings on each campus is covered under this program. At anytime, City of Santa Ana, Police Department has the option to add additional buildings and parking structures to this program as an amendment to this agreement. In addition, City of Santa Ana, Police Department and Siemens Industry, Inc. understand that fire codes are periodically reviewed and modified by local, state, and national jurisdictions, If at any time the codes change and it will affect the performance of the scope of work within this agreement, Siemens Industry, Inc. holds the right to negotiate with City of Santa Ana, Police Department in order to be duly compensated' for the additional work required. The intent of the request is to enter into an agreement with Siemens Industry, Inc. as the preferred vendor for the most feasible and expeditious service while maintaining the highest quality performance. 13 Current Situation During a recent internal review City of Santa Ana, Police Department has identified some areas of improvement in the current implementation of their management of the fire alarm system maintenance program for the Police Department. City of Santa Ana, Police Department management has asked Siemens Industry, Inc, to assist in providing a technical support program to assist them close the gaps on the areas Identified during our meeting. Siemens Industry, Inc. 91512013 Page 3 25B -15 It has also been shared and discussed at great length that a new approach and plan to the fire alarm system maintenance program is needed. Siemens Industry, Inc. and the City of Santa Ana, Police Department agree that the need for a service agreement will to be implemented where as Siemens Industry, Inc. will enter into a partnership with City of Santa Ana, Police Department. 1,4 Siemens Capabilities & Commitment to Our Customers Siemens Industry, Inc, is the leading single - source provider of cost - effective facility performance solutions for the comfort, life safety, security, energy efficiency and operation of some of the most technically advanced buildings in the world. Siemens is pleased to offer this proposal for technical support services to your facility. For more than 150 years, Siemens has built a culture of long -term commitment to customers through innovation and technology. We are confident that we have the capabilities to meet your critical facility needs today and in the future, and we look forward to the opportunity to serve you. 2 Service Solution 2.1 FIRE ALARM & LIFE SAFETY SERVICES 2,1,1 Customer Support Services Written Report of All Services Performed We will complete a service report for each visit detailing the purpose of the call and summarizing the work that was pet-formed. Life Safety Log Book We will provide a life safety log book containing information and guidance on the management of the Life Safety System, All service records shall be recorded and kept within the log book. This log book shall serve as a reference for local authorities, insurance carriers, and Siemens technical personnel. Fire Alarm, System Testing & Inspection We will perform annual tests of all covered fire systems by certified specialists using testing protocols specified by NFPA as well as any local guidelines that are required for your facility. Necessary documentation detailing the results of the Inspection, including a list of deficiencies, will be provided upon completion of the test to satisfy the AFTJ and to maintain your Certificate of Occupancy. The equipment included as part of this testing agreement is listed in the List of Maintained Equipment section of this service agreement. Siemens will provide a man-lif, if necessary. Smoke Detector Cleaning and Sensitivity Testing Smoke Detector Sensitivity testing will be performed, in accordance with NFPA guidelines, using the manufacturer's recommended test methods and a UL approved testing device. We will provide an analysis of the test results along with recommendations for detectors that require either cleaning or replacement. A proposal to provide all deficiency repairs will be provided separately. Siemens Industry, Inc. 9/5/2013 Page 4 25B -16 2.1,2 Technical Support Services Emergency Onsite Response: Monday through Sunday, 24 Hours per Day Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide this service between scheduled service calls and respond onsite at your facility within 4 hours for critical emergencies, or within 8 hours non- emergency conditions, Monday through Sunday, 24 hours per day, including Holidays, upon receiving notification of an emergency. Critical emergencies, as determined by your staff and Siemens, are failures at a system or panel level that would result in the loss of the operation of an entire section of a building or place the facility at high risk. Non - emergency conditions, as determined by your staff and Siemens, are failures at an individual component level resulting in minimal impact to the overall operation of the facility. Non- emergency conditions, as determined by your staff and Siemens, may be incorporated into the next scheduled service call. 3 Service Implementation Plan 3.1 Maintained Equipment Table SIEMENS Siemens Industry, Inc. Service Agreement Equipment Equipment Category SubCategory Equipment Q .,• Number Field Field Peripherals Addressable Pull 86 Peripherals Station .... .. ....... ......... . i ,..,... ,. ..,.,,_. .._ _. -_.., Services Times_......... ( per year): Test and Inspection (1) _...,.....,,... Control & Control & Remote Annunciation Annunciation ;Control/Annunciator 3 Panel Services (Times per year): Test and Inspection (1) Control & Control & F NCCNT Computer Annunciation Annunciation 2 Services (Times per year). Test and Inspection (1) Detectors Detectors Addressable 817 Smoke Detector _...st _ .. . , ... Services Times per ear... and ( p y )Test and Inspectlon(1) Detectors Detectors Addressable Duct 82 Detector Services Times per year): e ( p y )Test and Inspection (1) Defectors Detectors Addressable Heat 57 Detector Siemens Industry, Inc. 9/5/2013 Page 5 25B -17 Services (Times per year); Test and Inspection (1) City Serial Location Mfg/Model Number 3 Field Field Peripherals Door Holders Peripherals 20 Services ear per Times : Test and Ins ( p year): Inspection (1) 6 Phone Field 6 Peripherals Field Peripherals Jacks/Warden 5 Stations 1 Services Times per ear Test and Ins ( p year); pectlon (1) Field Field Peripherals . Speakers /Horns Peripherals _ 1. - 79 .. _....... . . Services (Times per ear : Test and Ins ( p year): Inspection Field Field Peripherals Speakers /Horns .104 Peripherals with Strobes Services (Times per year): Test and Inspection (1) Field Field Peripherals Strobes Peripherals '., .._..... ..._ ..... ........... 68 ... .,._..,.. ,. Times per Services ( p year): Test and Inspection (1) Field ls Waterflow Switch Field Periphera is 31 Pe Monitor Module „ ....,... Services (Times per year); Test and Inspection (2) Field Field Peripherals Tamper Switch 52 p for Module Pen herals . _ .. Monitor , ..........._ ,... .., ......__.. Services (Times per year): Test and Inspection (2) Control & Control & I Digital Dialer 2 Annunciation Annunciation Services ( Times per ear ) Test and Inspection (1) 3.2 Additional Fire Alarm Material List Equipment Edwards IRC -3 FACP City Serial Location Mfg/Model Number 3 Field Transponders 3 Voice -Com 6 Power Boosters 6 Remote Graphic Annunciator 1 Printer 1 Parts - Up to $500 /Device Siemens Industry, Inc. 9/5/2013 Page 6 25B -18 3.3 Service Team An important benefit of your Service Agreement derives from having the trained service personnel of Siemens Industry, Inc, familiar with your building systems. Our implementation team of local experts provides thorough, reliable service and scheduling for the support of your system. The following list outlines the service team that will be assigned to the service agreement for your facility. Your Assigned Team of Service Professionals will include: Denise Read — Senior Account Executive, Fire manages the overall strategic service plan based upon your current and future service requirements. Victor Johnson — Operations Account Engineer is responsible' for ensuring that our contractual obligations are delivered, your expectations are being met and you are satisfied with the delivery of our services. Vishal Gupta - Service Operations Manager is responsible for managing the delivery of your entire support program and service requirements. Maria Smith - Service Coordinator is responsible for scheduling your planned maintenance visits, and handling your emergency situations by taking the appropriate action. Mike Reinig - Service Administrator is responsible for all service invoicing including both service agreement and service projects. Siemens Industry, Inc. 915/2013 25B -19 Page 7 I Siemens Industry, Inc, 1.1 Signature Page and Investment By and Between: Siemens Industry, Inc. City of Santa Ana, Police Department 10775 Business Center Drive 20 Civic Center Plaza, Room B -19 Cypress, CA 90630 Santa Ana, CA 92702 Denise Read, 714 252 -1346 John Aguilar Services shall be provided at 60 Civic Center Plaza, Santa Ana, CA 92702, Siemens Industry, Inc, shall provide the services as outlined in the attached proposal dated 09/05/13 and the attached terms and conditions. This agreement shall remain in effect for an Initial Term of 1 year beginning 01/01/2013 and from year to year thereafter. Investments: Year 1 01/01/2013 to 12/31/2013 $31,660 annually paid $31,660 in advance Applicable sales taxes are not included in the price of tuts proposal. Prices quoted in this proposal are fum for 30 days, Proposal accepted by: Proposal submitted by: Denise Read Facilities Department Senior Account Executive, Fire City of Santa Ana, Police Department Siemens Industry, Inc, Signature Date Or ❑ Customer purchase order included as an attachment to this agreement and will be referenced on invoices. ❑ Customer purchase order not required. Invoices will be approved and processed with signature of authorized customer representative. Signature Date Eric Acicermann Southern California FSS Area Sales Manager Signature Date The Customer acknowledges that when approved by the Customer mid accepted by Siemens Industry, Inc.: (i) the Proposal and the Contract Terms and Conditions, (together with any other doctnnents incorporated into the forgoing) shall constitute the entire agreement ot'the parties wtth respect to its subject matter (collectively, hereinafter referred to as the "Agreement ") and (ii) in the event of any conflict betweon the Innis and conditions of the Proposal and the terms and conditions of The Contract Toms and Conditions, the Coronet Terns and Conditions shall control. BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUIVIENTS, THAT SIEMENS INDUSTRY, INC, OR US REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE CUSTOMER. Siemens Industry, Inc. 9/5/2013 Page 8 25B -20 1.2 Terms And Conditions SERVICE TERMS AND CONDITIONS (REV. 10100) Article 1: General 1.f (a) This Agreement constitutes the entire, complete and exclusive agreement between the parties relating to the soMces ( "Sarvlces ") to be provided by SIEMENS and supersedes and cancels all prior proposals, agreements end understandings, writer or oral, relating to the subject matter of this Agreement. Neither party, may assign flip Agreement or any lights or obligations hereunder without the prior written consent of the other except that either party may assign this Agreement to Its aRklates and SIEMENS may grant a sal ly Interest in the proceeds to be paid to SIEMENS under this Agreement; assign proceeds of the Agreement; and/or use subcontractors In performance of the Services. The terms and conditions of this Agreement shall net be modified or rescinded except in writing, with the prior approval of the Legal Departments of SIEMENS and Customer and signed by duly authorized hing contained In this Agreement shall be construed to give any rights Its to anyone other Man the Customer and SIEMENS without the enter consent of both parties. All provlalons of this Agreement 1 responsibility or Ilablll/y between the aeries shall survive the on of the Services and terminahon of this Agreement. In terms and coadll ens Contained herein may not apply to the Services .,Iliad hereunder. It Is the Intent of the pandas, however, that the .ion to be Own to the terms and conditions Is to apply all terns and laws of the State of Illinois. Any lingetlon arising under this Agreement shell be brought In the State or Commonwealth In which the Services are provided to Customer TO THE EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL ON MATTERS ARISING OUT OF THIS AGREEMENT. 1.3 After the expimllon of Uie initial Tenn, Ins Agreement shall aulomakcally ronawfor successive one year periods beginning on the anniversary date of the Initial Term unless stated otherwise in the Agreement. 1.4 Eftler petty may terminate or remand Ihls Agreement at the end of the Intel Tenn a al kip end of a farewell temp by gFAng the other pales at least slay (00) days prior wdden rattle of such amendments or Irl not to renew. 1.5 If, during a within SO days after the tone this Agreement, Customer engages any SIEMENS employee who has performed wohc under IN or arty ocher agreement between Customer and SIEMENS. Custamershag pay SIEMENS an Rmould Karel to the employee's latest &bier/ solar/. Article 2: Covered Equipment 2.1 'Covered equlpmenl" shall mean that equipment expressly Identified as system Components In this Agreement. The customer repressors that at the commencement of this Agreement all Covered Equipment Is in satisfactory working condition and compiles with all applicable codes. 2.2 If the fire or the safety system Is Included as pan of the Covered Equipment does not comply with all applicable codes or R removal of any Covered Equipment from coverage would compromise or impair the Integrity or the compliance with law of any system or Services, and Customer falls to take of any Covered Equipment provided for In this it the time and place and In the manner deemed In accordance with applicable law and the National Fire Protection Association ( ",VFPA ") other relevant standards. Customer Is solely responsible for, and hereby Indemnities and holds SIEMENS harmless from and against, any Ilabllity arlcrig from Customer's specification of a testing schedule other than than current NFPA or other applicable standards or laws. 2.4 If Ilia Covered Equipment Is altered or moved by any person. Iaeluding Customer, other than SIEMENS or a person nuthortzad by it, Customer shall immediately notify SIEMENS In writing, end SIEMENS reserves the right to perform a maeneplanee test on or, IF necessary, a recommissioning of the system at Customer's expense, Reacpeptence tests will be performed In accordance with then current NFPA or other applicable requirements, and charged on a time and materials balls. Article 3: Servlces by SIEMENS 3.1 SIEMENS shag onlyperform the Services ldenllfled in this Agreement. 3.2 SIEMENS shall have no liability or obligation to milllnue providing Service. In the avast Customer falls to (a) authorize a rowaepolhoo last or recoimmissioning that SIEMENS reasonably dooms necessary, (b) notify SIEMENS of any modlficattane or changes to the Covered Equipment or unusual or materially changed operating conditions, hours of usage, system malfunctions or building altemtlo ns that may arfeot the 8arvices; (0) provide the access to any one where Services are to be performed; or (d) Operate, service or maintain the Covered Equipment In accordance with manufacturer's or supplier's Instructions or tills Agreement, Alter any of the aforesaid awls SIEMENS may terminate or suspend deMoas under this Agreement Immediately, upon Diving notice to Customer. 3.3 Any repairs and replacements of Covered Equipment as may be expressly Siemens Industry, Inc., Building Technologies Division Included In the Services ere Linked to restoring the proper working condition of such Covered Equipment SIEMENS will not be obligated to provide replacement Covered Equipment ilia( represents significant capital Improvement compared to the original. Exchanged or removed components become the property of SIEMENS, except Hazardous Materials, which under all clronmstanoae remain the property and respon ralkly of Customer. 3.4 Unless agreed otherwise, Services do not include and SIEMENS Is not responsible for (a); (a) service or provlslen of consumable So llas, Including but not limited to batteries and halon cylinder charging; (b) reinstallation or relocailan of Covered EqulpmeM; (o) painting or refinishing of Covered Equipment or surrounding surfaces; (d) changes to Services; (a) parts, aacessorea, attachments or other devices added to Covered Equipment but not furnished by SIEMENS; (f) !allure to contlnually provide suitable operating environment Including, but not limited to, adequate space, ventilation, electrical power and protection from the elemental or (g) the removal or reinstallation of replacement valves, compere, watedlow switches, venting or draining systems. SIEMENS Is not responsible for services performed on any Covered Equipment other than by SIEMENS or Its agents. 3.3 The Services shall be perrormed In a manner consistent with the degree of care and Skill ordinarily exercised by parsons perorming the same or similar Services In the some locale Lender similar clreOmstances and conditions 3.6 SIEMENS shall perform the Services during Its local, normal working (tours, unless shaves slated In the Agreement. 3.7 SIEMENS Is not required to conduct safety or other tests, Install or maintain any devices or equipment or make modifications or upgrades to any equipment beyond the scope of this Agreement. Any request to change the scope or the nature of the Services must be In the form of a mutually agreed change order, effective onlywhen Revealed by all parties hereto, 3.8 All reports and drawings speclflcally prepared for and deliverable to such Deliverables. All ether reports, notes, calculations, data, drawings, estimates, specifications, manuals, other documents and all computer program., codes and computerized materials prepared by or for SIEMENS are Instruments of SIEMENS work ( "Instruments') and shall romeln SIEMENS property. Siemens oorwee no license to software unless otherwise expressly provided in this Agreement. Al Deliverables and Instmments provided to Customer are for Permitted Users' use only for the purposes disclosed to SIEMENS. and Customer shall not transfer (ham to others or use them or permit them to be used for any extension of the Services or any other purpose, whorl SIEMENS' express written consent. Any reuse of Dalverablas or Instruments for other projects or locators without the written consent of SIEMENS, areas by any party other than Permitted Users, will be at Permitted Users' sole disk and without liability to SIEMENS; and, in addillon to any other rights SIEMENS may have, Customer shall Indemnify, defend and had SIEMENS harmless from any claims, losses or domagas chain; therefrom. 3.9 Customer acknowledges that SIEMENS, In the normal conduct of Its business, may use concepts, skills and know -how developed while performing other contracts. Customer acknowledge. the benefit which may social to it though this practice, and atcordingbj sonars that anything In this Agreement notwithstanding Siemens may continue, without payment of a royally, this practice of using concepts, skills and know -how developed while performing the Agreement. 3.10 V". Servoas Include energy consul any estimates of probable construction or Implementation costs, financial evaluations, feasibility studies or economic analyses prepared by SIEMENS, the documents prepared for kite Customer will represent SIEMENS' Lost judgment baser/ on SIEMENS' experience and the Information reasonably available to SIEMENS at the time that the Services are performed. Customer acknowledges that SIEMENS does not control: (a) the costs of labor, policies, equipment or servlors furnished by others, (b) overall market conditions; or, (c) contractors' methods of determining prices, Accordingly, Customer acknowledges that proposals, bids or actual costs may differ from polices, overnitlons or studies submitted by SI EMENS as pan of the Services provided hereunder, 3.11 Where Services Iholude EMC, SIEMENS will have a disaster recovery plan and a disaster contingency plan. Article 4: Responslblfri of Customer 4.1 Customer, without soul to SIEMENS, shall: (a) Designate a contact person with authority to make declslore for Customer regarding the Services and provide SIEMENS with Information sufficient to contact such parson In an emergency. If such representative cannot be reached, any request for Services received from a parson located at Customerk site will be deemed authorized by Customer, and SIEMENS will, in Its reasonable discretion, act accordingly; (b) Provide or arrange without cost all reasonable provisions, means and access far SIEMENS to any site and the equipment whore Servlom are to be performed; (c) Permit SIEMENS to control and/or operate all controls, systems, apparatus, agUpirant and machinery necessary to padurm the SeMces; Service Only 2000 Siemens Industry, Inc. 9/5/2013 Page 9 25B -21 (d) Furnish SIEMENS with all available lnformatlan pedlnent to the Services', (a) Obtain and famish to SIEMENS all approvals, permits and consents from government authorities and others as may be required for performance of the Services except for those SIEMENS has expressly agreed Ir wl'Iiing to obtain; (f) Maintain the Services site In a safe condition! notify SIEMENS promptly of any site cond1toris requiring special care; and provide SIEMENS with any avallI documents describing the quantity, nature, location and extent of suoh conditions; (g) Comply Win all lam and provide any notices required to be given to any government authorities In connection with the Servlces, except Such notices SIEMENS has exprosey agreed In this Agreement to give; (h) Provide SIEMENS With Material Safety Data Sheets (MSDS) conforming to OSHA requirements related to all Hazardous Motorlola at the site which may Impact the Servlces', (1) Furnish to SIEMENS any contingency plans related to the site; q) Furnish the specified operating environment, Including without Ilmltsllon, suitable "lean, stable, property conditioned electrical power end other writes; (k) Maintain all Covered Equipment In good working order In compllancs With all applicable laws and service, repair and replace all Covered Equipment as necessary', and, (p Perform Inspections and tests as Indicated In the Life Safely System Logbook and record same In the Life Safely System logbook. 4.2 Customer acknowledges that the technical and pricing information herein is proprietary to SIEMENS and agrees not to disclose or otherwise make It available to others. 4.3 Customer acknoww[edges that It Is now and shell be at ell times In control of the Services site. SIEMENS shall not have any, responsilelllly, duly or authority to direct, supervise or oversee any employees or contractors of Customer or their work or to provide the means, methods or sequence of their work or to stop their work, SIEMENS' work and/or presence at a site shall not relleve, others of their responslbllily to Customer or to ethers. Except as expressly provided herein, SIEMENS is hot responsible for the adequacy of the health, safety or sacurty programs or precautions related to Customer's or It other contractors' activities or operations; the work of any other person or entity; or Customer's site conditions, SIEMENS Is not actionable for Inspecting, observing, reporting or correcting health or safely conditions or deficiencies of Customer or others at Customer's site. So as not to dscourege, SIEMENS from voluntarily addressing such Issues, In the event SIEMENS does make observations, reports, suggestions or otherwise regarding such Issues, SIEMENS shall not be lights or responsible for same. 4A Except as expressly staled in this Agreement, Customer le solely responsible for any removal, replacement of rafinishing of the building structure or finishes that may be required to perform or gain access to the services, 4.5 Customer alone shall act to protect life and property from the time a center or full system failure occurs unit( SIEMENS notifies Customer that such system Is operational or the emergency has been cleared. Customers actions shell Include all appropriate interim safety precautions (such as a manual 1[a watch'). SIEMENS shall have no obligation to provide guards, fire watch Personnel, or other servke4 follovllllg a system fallwe, except Services as are 4.6 Customer shall not ottach to the system or Covered Equipment any device [hat Interferes with the Services or the proper operation of the system or covered Equipment. Arbors 5: Oompenestiai, 5.1 Annual Facie) shall be adjusted for each year after the final year of the Initial Terri pursuant to the agreed Price Adjustment hereto and Incorporated herein. Unless otherwise agreed In wrld% this Agreement Is not cancelable and the annual fee Is not refundable except as provided heroin. 5.2 Payments to be made under this Agreement will provide far, and be In conedershon of, only Services specifil Included under the Proposed Selalon AII other Services, Including but not limned to the felknxing, shill be saperagly billed or surcharged on a III and materials basis' (a) emergarcy Services parfonned at Customer's request, If inspection does not reveal any deflclenoy covered by [his Agreement; (b) SeMces performed other than during SIEMENS ' normal wotdng 5.3 SIEMENS shall Invoice Customer as provided mine Agreement, win not expressly provided, then on an annual basis prier to the Stan Date and annually thereafter on the anniversary of such Start Date, Invoices are due and payable net cash upon receipt unless Customer has applied and been approved for credit with SIEMENS, In which case the Invoice Is payable within 30 calendar days of receipt by Customer or as otherwise set forth In this Agreement. If any payment Is not received when due, SIEMENS may deem Customer to be In breach hereof and may enforce any romodles available to It hereunder or et law, including without limltatlon, acceleration of payments and suspension or termination of Bongoes at any time and without notice, and shall be entitled to compensation for Servlces previously performed arid costs reasonably III ad In connection with the suspension or termination. In the event that any payment due horeundar[s not paid when due, Customer agreast to pay, upon demand, as a late charge, one and one-half percent (1.5 %) of the amount of the payment per month, limited by the maximum rate permitted by law of each overdue Siemens Industry, Inc., Building Technologlos Olvlslon amount under this Agreement. Customer shall reimburse SIEMENS' costs and expenses (Including reasonable attorneys' and witnesses' fees) Incurred for colloGlon under this Agreement. If Customer disputes any Option or all of an Invoice, It shell notify SIEMENS In wtlbng of the amount In dispute and the reason for Its disagreement within 21 days of receipt of the Invoice. The undisputed portion shall be paid when due, end Interest on any unpaid portion shall accrue as aforesaid, from the date due WIN paid, to the extent that such amounts are finally determined to be payable to SIEMENS, 5.4 Except to the extent expressly agreed In this Agreement, SIEMENS' fees do not include any taxes, axclle s, fens, duties, permits or other government charges related to the Servlces. Customer shall pay such amounts or reimburse SIEMENS for any amounts It pays. If Customer elalme a tax exemption or direct payment pall It shall prCVlda SIEMENS with a valid exemption certiflcate or permit and Indemnify, defend and hold SIEMENS harmless from anytaxes, costs and penalties arlang out of same, 55 Unless agreed othenviae, the preing for each year after the Initial Term of the Agreement and each year of each renewal of the Agreement shall be determined as the Immediate prior year price plus a price escalator based upon the D.S. Department of Labor, Bureau of Labor Statistics Urban Consumer Price Index-All Urban Consumers U.S. AD Items, 1982 - 1984.100 ( "ppi-v), In addition, each ronawal term pacing shall be cd)uslel for any additions or deletions to Services selected for the renamml fain. The price escalator shall be the latest semiannual CPI -U Identified above published prof to each annual anniversary, This exodator shall be applicable to each annual term, whether e renewal term or an annual farm after the first year of the Initial Term. Article 6: Ohangos; Delayer Excused Performance 6,1 As the Services are performed, conditions may change or circumstances outside SIEMENS' reasonable control (such as changes of law) may al lop which require SIEMENS to expend additional costs, exet "r time to complete the Services, in which case SIEMENS shah notify, Customer and an equitable adjustment made to the compensation and time for performance. In the event conditions or circumstances require Services to be suspended or terminated, SIEMENS well be compensated for Services performed and for costs reasonable Incurred In connection with the suspension ortermination. 6.2 SIEMENS shall not be responsible for loss, delay, Injury, damage or failure of performance that may be caused by circumstances beyond Its control, Including but not limited to acts or omissions by Customer or Its wriplayees, agents or conhractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, that(, conos[on, flood, water damage, lightning, 4reaze4ps, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of any such circumstances, SIEMENS shall be sw ugad from PerlpnrshOO of rho Servlces and the tlmo for porfermancu snail be extended by a period equal to the time lost plus a reasonable recovery period and the compensation equitably adjusted to compensate for additional costs SIEMENS Incurs due to such circumstances. Arcane 7: Warmnttes; Olscla)mers, Llmhatlonof Llabillty 7:t Labor In performing the Services Is warranted to be free from defects In Workmanship for 90 days after the Servlces are performed. All labor provided by SIEMENS hereunder found to be defective and otherwise qualifying under this warranty shall be re- performed by SIEMENS. Such re,performance hereunder shall not Interrupt or prolong the lerms of this Warranty. In the event that any such re- performl falls to sure such defects, then Customer's exclusive remedy against SIEMENS for damages from any cause whensoever, whether In contract or ton, shell not exceed an amount equal to the limitation set forth In Section 7.5 fief eln. Z2 THE EXPRESS LIMITED WARRANTY PROVIDED ABOVE IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNE88 FOR A PARTICULAR PURPOSE, QUALITY, CAPACITY, OR WORKMANSHIP, ALL EXPRESS OR IMPLIED WARRANTIES AGAINST PATENT INFRINGEMENTS OR DEFECTS, WHETHER HIDDEN OR APPARENT, AND EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO COMPLIANCE OF THE COVERED EQUIPMENT WITH THE REQUIREMENTS OF ANY LAW, REGULATION, SPECIFICATION OR CONTRACT RELATIVE THERETO, WHICH ARE HERESY EXPRESSLY DISCLAIMED. 7.3 Customer hereby, for it and any parties claiming under It, relapses and discharges SIEMENS from any IlsbNty Mining out of ell hazards covered by Customer's Insurance, and all Ori nls control SIEMENS arising out of such hazards, Including any right of subrogation by Customer's Insurance carrier, are hereby waived by Customer. 7.4 ANY IDEAS, SUGGESTIONS, RECOMMENDATIONS, FINANCIAL EVALUATIONS, FEASIBILITY STUDIES OR ECONOMIC ANALYSIS PREPARED BY SIEMENS UNDER THIS AGREEMENT WILL REPRESENT ITS BEST JUDGMENT BASED ON ITS EXPERIENCE AND THE AVAILABLE INFORMATION. CUSTOMER ACKNOWLEDGES THAT THE E DRGY MARKET IS VOLATILE AND SUBJECT TO FREQUENT PRICE Service Only 2009 Siemens Industry, Inc, 9/5/2013 Page 10 25B -22 AND REGULATORY CHANGES, THEREFORE, CUSTOMER FURTHER REDUCTIONS 'THAT MAY BE AVAILABLE TO CUSTOMER. FURTHER, ACKNOWLEDGES THAT SIEMENS DOES NOT CONTROL FUTURE CUSTOMER HEREBY RELEASES SIEMENS FROM ANY AND ALL MARKET CONDITIONS ORTHE ENERGY MARKET'S REGULATORY LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING FROM CLIMATE. NOTHING HEREIN SHALL BE CONSTRUED BY THE SIEMENS' FAILURE TO OBTAIN OR APPLY FOR ANY REBATE/ CUSTOMER AS A PREDICTION OF FUTURE ENERGY MARKET INCENTIVE OR ENERGY/ FUEL COST REDUCTION THAT COULD IN ANY CONDITIONS OR ENERGY PRICES, ACCORDINGLY, SIEMENS DOES WAY BE OBTAINED BY CUSTOMER NOTPROVIDE CUSTOMER A GUARANTYOR WARRANTY OF THE Article 9: H099fdOUS Materiels Previsions RESULTS OF SIEMENS' RECOMMENDATIONS. CUSTOMER 9.1 The Services does not include dl rectlyorindlr eutlyperformingorar'mnging MAKESANY AND ALL ENERGY PROCUREMENT AND RELATED for the detection, monitoring, handling, storage, removal, Vanspadation, DECISIONS, CUSTOMER ACKNOWLEDGES THAT ALL ENERGY disposal of treatment of Oil or Hazardous Matersh Except as disclosed PROCUREMENT AND RELATED DECISIONS ARE MADE AT THE pursuantio this Adlcle. Customer represents that, Loans best knowledge, there is CUSTOMER'S SOLE RISK no ashest a or any outer hazardous or toxic mataraas, as defined In the 7.5 WITH RESPECT TO ANY LIABILITY (WARRANTY OR OTHERWISE) Comprahehsive Environmental Response, Compensation and Liability Act of THAT SIEMENS MAY HAVE UNDER THE AGREEMENT, IN NO EVENT 1980, as amended, the regulations promulgated thereunder, and other SHALL SIEMENS BE LIABLE (INCLUDING WITHOUT LIMITATION, UNDER applicable federal, stale or local law ('Hazardous Materiels"), present at ANY THEORY IN TORTS) FOR ANY LOSS OF USE, REVENUE, Customer's Sites where the Services are performed. SIEMENS will nodly, ANTICIPATED PROFITS OR SPECIAL. INDIRECT. INCIDENTAL OR Customer immediately If It discovers or suspects the presence of any NRISING OUT OF In reliance on Customer's representations as set forth In this Atllele, The THE SERVICES presence of Hazardous Materials canstbutas a change In this Agreement RACT , STRICT whose terms must be agreed upon by SIEMENS before its obligations WARRANTY, LATE OR NON - DELIVERY OF ANY - SERVICES, AND 9.2 Customer Is relay responsible for testing, abating, encapsulating, WHETHER SIEMENS HAS BEEN ADVISED OF THE POSSIBILITY OF removing, remedying or neutralizing such Hazardous Materials, and for the SUCH DAMAGES I and, In any event,SIEMENS'eggregate liability for any and costs thereof. Customer is responsible for the proper disposal of all Hazardous all balms, losses or expenses (Including attorneys fees) arlsing out of this Materials and OII that at anytime are present at the Services site In accordance Agreement, or out of any Services furnished under this Agreement, whether with all applicable lateral, state, and local laws, regulations, and ordinances based In contract, negligence, strict Ilablity, agency, warranty, trespass, Even if change order has been shtared Into pursuant torus Angle, SIEMENS Indemnity or any other theory of liability, shat be limited as liquidated damages, shell have the right to stop the Servlces unit the site Is free from Hazardous to the greater of 51,000 or 10% of the total compensation resolved by Materials, In such event, SIEMENS shell receive an equitable extonslon chime SIEMENS from Customer under this Agreement. SIEMENS reserves the right to complete the Services, and compensation for delays caused by Hazardous to control the defense and settlement of any claim for which SIEMENS has an Materiels remetllation. In no event shall SIEMENS be required or construed to obligation under the warranty hereunder. The parties acknowledge that the price take title, ownership or responsibility for such Off or Hazardous Materials. which SIEMENS his agreed to perform Its Servlces and obligations Undorthls Customer shall sign any required waste manifests In conformance with all Agreement Is calculated based upon the foregoing limitations of liability, and government regulations, listing Customer as the generator of the waste. that SIEMENS has expressly rolled on, and would not have entered into this 9.5 Customer warrants that, prior to the execution of this Agreement, It shell Agreement but for such limitations of liability. n"I SIEMENS In writing of any and all Hazardous Materiels which to 7.6 It Is understood and agreed by and between the panles that SIEMENS Is Customer's best knowledge are present, potentially present or likely to become not an insurer and this Agreement Is not intended to be an Insurance policy or a present at the Services site and shall pmvldo a copy of any site safety policies, substitute for an Insurance policy. Insurance, If any, shell be obtained by Including but not limited to lock -out and tag procedures, chemical hygiene plan, Customer. Fees are based solely upon the value of the Servlces, and are MSDSS or other items required to be disclosed or maintained by federal, state, unrelated to the value of Customers property or the property of others on or local laws, regulations or ordinances, Customer's premises. 9.4 Customer shall Indemnify, defend and hold SIEMENS harmless from and Article B:tlm /ratfans oflgzlntrairwe or Svulce Orallgatlons against any damages, losses, costs, liabilities or expenses (including attorneys' 8.1 SIEMENS mill not be responsible for the melydename, repair or replacement at, fees) Arising out of any OII or Hazardous Materiels or from Customer's breach or SaMcee nece dialed by obscal parts of the Squirmy heat exchangers, polls, unit ca stated herein; or Inadaquae repairs or modifications, IMPROr a sWq failure to campy wish manufacture's Acts of God, or other reasons beyond Its oc for any service performed On OW Covered agents, 8.2 SIEMENS shed not benesponslblefr caused by circumstances beyond to con bmisdens by Customer onto employees of axis of government, tire, (heft, corrosion, computer viruses. omamm or system h or under the other than try SIEMENS orb otherelso disposed of In a manner applicable export laws end regulat y, Injury or damage that may be performance by SIEMENS of Its g but not restricted to acts or such export laws And regulallom Is of God, war, dml oommatlon, AGREES TO INDEMNIFY AND damage, lightning, linersups, AND ALL COSTS, LIABILITIES ses, lockouts, dfferences with RELATED TO NON - COMPLIAN IS Is required to comply with to the sale, exportation, transfer, owed Equipment or Sefvkes y export license requirements, Tent or Services shall not At any 0 SIEMENS HARMLESS FROM ANY SNALTIES, SANCTIONS AND FINES WITH APPLICABLE EXPORT LAWS 6.5 SIEMENS Is not responsible for repairs, replacements or seMcas to Equipment 11.f SIEMENS shell adhere to FAR 52. 219.8 regardlrgthe'Utifzation of Small due to pCmOalon, erosion, Impmoel or Inadequate water treatment by others, seepage Buslnees Concerns", as pad of Its Commercial Small Business Subeontmcting or cherttiwl ocdan, or reasons beyond Its reasonable Centel. Agreement with the fedora] government SIEMENS' policy, Is to offer smell BA SIEMENS Shall not beresponslhle for fine removal orrelnstella]ionof replacement business concerns, including small disadvantaged businesses, women owed veNes, dermas, water0ow and former switches, all stollens, and any ether small - businesses, HUBZone small businesses, veteran owned small businesses permanently mounted integral pipe or an duel component. Addtlonally, elEMENSehall and service disabled veteran owned small businesses, the 'maximum practical notbo responsible for anyventing or dmining of syst ems. oppoduntll pamckpate In performing contracts let by any commercial entity, 8.5 WHERE SERVICES INCLUDE EFFORTS BY SIEMENS TO HELP local government or federal agency, Including subcontracts for subsystems, CUSTOMER TO ATTAIN REBATES AND/OR INCENTIVES FROM AVAILABLE assemblies, components, and related services for major systems. SOURCES OR ENERGYIFUEL COST REDUCTION, CUSTOMER ACKNOWLEDGES THAT ANY REBATEINCENTIVE OR ENERGY/ FUEL COST REDUCTION THAT MAY BE AVAILABLE TO CUSTOMER 13 GRANTED BY A THIRD PARTY OUTSIDE THE CONTROL OF SIEMENS. CUSTOMER FURTHER ACKNOWLEDGES THAT WHILE SIEMENS WILL EITHER ASSIST CUSTOMER OR ENDEAVOR ITSELF TO OBTAIN ANY AND ALL REBATES/INOENTIVES OR UNEROY/ FUEL COST REDUCTION AVAILABLE, SIEMENS DOES NOT GUARANTEE THAT IT WILL OBTAIN OR APPLY FOR ALL REBATESIINCENTIVES OR ENERGY/ FUEL COST Stamens Industry, Ina, Building Tochnologias Division BAIA.. Dny209 Siernens Industry, Inc, 9/5/2013 25B -23 Page 11 Appendix A. Discounted Labor & Material Pricing As a Service Agreement customer with an active contract, you will receive the benefit of a discount from our standard labor rates and material prices. Standard rates and preferred customer rates are documented below. Siemens Industry, Inc. Rates effective from Jane 1, 2013 through December 31, 2013 Please note: Rates shown are for the period referenced above and are subject to change. We are responding to a request for service at your facility It Is possible the service you are requesting Is considered billable according to the terms of your Advantage Services Agreement (ASA) and / or your system warranty. An account representative may contact you to discuss the services we are providing in order to ensure your satisfaction and clarify any billing that may arise from this sarvlce For your convenience, we are providing a copy of our meet recent published service rates, As an ASA customer, you will be entitled to your contracted discount for all labor In the event this service call is blllable Please be advised that Portal to Portal labor charges may apply. Service ASA ASA ASA Non-ASA Customer Customer Customer Customer Standard Time Over Time Double Time Standard Time Fire 2 H Min 2 H Min 2 H Min 4 H Min On- site Servlce call $146.001hr $190,00 /hr $233.00lhr $190,00 /hr Fee: On Site Trl $70 / Trip $701 Trip $70 / Trip $95,00 / Trip Overtime rates in the table apply for calls Monday through Friday 4:30 p.m. -8:00 am excluding olidays Double lure applies for Sundays and Holidays. All rates are current as of 01/01/2013 and are subject to change with or Without notice. Please be advised that Portal to Portal labor charges may apply. Minimum Charge: Service involving Navel to 11re customer site will incur a two -bout' minimum labor charge and $50,00 vehicle trip charge. Material Rates: Customers with an active Service Agreement will benefit from a discount percentage off the standmd pricing for Siamans industry, Inc. products, Customers without a Service Agreement will pay standard pricing for Siemens Industry, Inc. products. Siemens Industry, Inc. 9/5/2013 25B -24 Page 12 EXHIBIT B 10 25B -25 SIEMENS AUTHORIZATION TO PROCEED We are responding to a request for service at your facility. It Is possible the service you are requesting Is considered billable according to the terms of your Advantage Services Agreement (ASA) and I or your system warranty. An account representative may contact you to discuss the asperse we are providing In order to ensure your satisfaction and clarify any billing that may arise from this service. For your convenience, we are providing a copy of our most recent published service rates. As an ASA customer, you will be entitled to your contracted discount for all labor In the event this service call is billable. All rates are current as of 0110112014 %aria subject to change with or without notice. Please be advised that Portal to Portal labor charges may apply, Service ASA ASA ASA Non-ASA Non-ASA Non-ASA Customer Customer Customer Customer Customer Customer Accounts Payable Name & Address: Standard Time Over Time Double Time Standard Time Over Tlise Double Time On•LinoSuppod: 1HrMin 1HrMin 1HrMin 2HrMin 2 H Min 2HrMin Modem or Phone $15800Ihr $205.00Ihr $253,001hr $204.001hr $306001hr $408.00 /hr Automation 2 H Min 2 H Min 2HrMin 4 H Min 4 H Min 4 H Min On-Site Service Call $158.001hr $205,00/hr $253.00 /hr $204.00 /hr $306.00 /hr $408.001hr Mechanical 2 H Min 2HrMin 2 H Min 4 H Min 4 H Min 4 H Min OnSlte Service Call $144.001hr $187.00/hr $23000Ihr $188.001hr $28200/hr $373.001hr Electronic Installer 2 Hr Min 2 Hr Min 2 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min On -Site Service Call $118.00 /hr $154.001hr $189.001hr $152,00 /hr $228.00 /hr $304,001hr Electrical Services 2 Hr Min 2 Hr Min 2 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min On-Site Service Call $188.001hr $244.001hr $300.00Ihr $244.00 /hr $366,001hr $488.001hr Fire 2HrMin 2 H Min 2HrMin 4 H Min 4 H Min 4 H Min On-Site Service Call $150.001hr $195.001hr $240,00/hr $196,001hr $294,00/hr $392.00Ihr Security 2 Hr Min 2 Hr Min 2 Hr Min 4 Hr Min 4Hr Min 4 Hr Min On-Site Service Call $143,00/hr $186.00 1hr $229001hr $18600 1hr $279.00/hr $372.001hr Project Manager I Service Account Engineer 2HrMin 2 H Min 2HrMin 4 H Min 4 H Min 4 H Min On-She Service Cell $214.001hr $214,001hr $214.00/hr $278.00 /hr $278,00fnr $27800 /11hr Fee: On Site Trip $70,00 /Trip $70.00 /Trip $70,00 /Trip $95,001 Trip $95.001 Trip $95.001 Trip Overtime roles In the table apply for calls on Saturdays as well as Monday through Friday 4:00 p.ln. -7,00 am, excluding Holidays, Double time applies for Sundays and Holidays and It may apply on weekdays as well, (Required by Siemens): Slemene Notification k: Desorig ion of work, Customer Site Name: Customer Site Address: (Required by Customer): Bill to Company Name & Address: Sold to Company Name & Address: Accounts Payable Name & Address: (Required by Customer): Customer PO # (Please include faxed or e -mail Copy): Authorized Buyer: Signature Print Name Date By signing this document, you are agreeing to payment In full upon receipt of Invokes. Quick Quote Price Not to Exceed (By Siemens Only): $ Siemens Representative: Signature Print Name Doug Siemens Industry, Inc. Building Technologies Division will dispatch upon receipt of authorization. (Return Fax # 714 -761 -0274) All Invoices shed be due and payable by customer upon recent Further, seller reserves the right to involoa customer monthlyaa the work progresses, for ell me lals delivered In the jobsit or to an o &alto facility and for a llworkpollolmed matteandon- site.lf I Insurer becomes overdue In any progress parcel seller shall be sound to stop work, shall be entitled to Inicrest at the leaser of an annual rate of 18% or III maximum Interest permitted by applicable law: and also rn avail Itself If any other legal slid equitable remedies. Seller shall also be entitled to such Interest on all amounts retained by austomer from progress paymenls or adrervrlse, euslumer agrees that he will pay end /or reIinurge seller for any and all reasonable altomeys' fees, which are !no uned by seller in the debardon of amount; due and payable hereunder. Pubes are subject to reforms far orror, Siemens Industry, Inc. Building Technologies Division 10775 Business Center Drive Cypress, CA 90630 -5221 25B -26 Tel: (714) 816 -1444 fax:(714) 761 -0274 EXHIBIT C 11 25B -27 Industry, Inc. January 6, 2014 Mr. John Aguilar City of Santa Ana 20 Civic Center Plaza, Rm. B -19 Santa Ana, CA 92702 Ref: Renewal FIRE Service Agreement: 260002578610ranee County Fire Authority Our records Indicate that the FIRE service agreement between Siemens Industry, Inc. - Building Technologies Division and City of Santa Ana Police Facilities expired December 31, 2013. We will renew your contract with your authorization. The renewal dates and amounts are indicated below. The intent of this letter Is to inform you that Siemens Industry, Inc, - Building Technologies Division will renew this contract based on our long time partnership with your facility and our 2013 contract. This renewal will commence with the same terms and conditions and the same scope of work. Contract Period & Amount: 1/1/2014 through 12/31/2014: $32,610.00 (Billed in advance $8152.50 /Quarter) Upon review and acceptance, please complete the below "ACKNOWLEDGEMENT' section and fax this letter to my attention Fax (714) 826 -3945. Please feel free to call me at 714454 -5633 If you have any questions or concerns. ,newse Read Sr. Service Sales, Pure LiFe Safety SIENI INS (714) 454 -5633 mobile 17141252 -1346 direct ACKNOWLEDGEMENT - please fax to Denise Read Fax 714.826 -3945 Customer Representative Accepted By: Name: Title: Date: 10775 Business Center Drive Cypress, CA. 90630 25B -28 (714) 761 -2200 Office (71.4) 761 -3324 Fax REQUEST • ` 1 COUNCIL ACTION CITY COUNCIL MEETING mfdj DATE: APRIL 15, 2014 TITLE: AMENDMENT TO AGREEMENT WITH THE COUNTY OF ORANGE HEALTH CARE AGENCY FOR THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM CITY MANAG R Ia *eel IT, tTrl=1 ►I�7:17_[�iCii►�l CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2otl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO INI�s��t�li7�(;7�N Authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with the County of Orange Health Care Agency in an amount of $50,000 for a total amount of $877,051 to provide services to HIV /AIDS - affected individuals in the County of Orange. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on April 2, 2014, by a vote of 6:0, the Community Redevelopment and Housing Commission approved the recommended action. DISCUSSION In July 2013, the City of Santa Ana entered into an agreement with the County of Orange Health Care Agency in an amount of $827,051 to provide services to the HIV /AIDS- affected individuals in the County of Orange. The County of Orange Health Care Agency is requesting an additional $50,000 to address the needs identified in the following service areas: Transitional Housing — increase request of $30,000. The need for this service category varies each year. Changes in other transitional and residential housing programs have resulted in an increase in clients utilizing this service. The increase in funding would allow for an additional 10 clients to be served with 1,113 bed nights. Case Management — increase request of $20,000 with AIDS Services Foundation. This service need is based on the implementation of the Affordable Care Act. Clients have begun to need more assistance navigating services including housing, which requires additional funding that was not anticipated at the beginning of the 25C -1 HOPWA Amendment April 15, 2014 Page 2 year. The funding will help address the shortfall in funding from the Ryan White Part A program. The funding would allow 20 high- acuity clients to receive 80 face - to -face case management visits. The County of Orange Health Care Agency will grant all additional funds directly to service providers and will not increase their administrative allocation. The $50,000 amendment increase (Exhibit 1) will be reallocated from the HOPWA Program account, where funds were being held for a future HOPWA development project. However, there are no current projects and the reallocation will ensure that the City maintains compliance with expenditure requirements. FISCAL IMPACT Funds are available in the HOPWA Program account (no. 40518761- 69135). Shelly Landty -Bayle J Housing Manager Community Development Agency SLBlkg Exhibit: 1. Amendment APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez -- - Executive Director Finance & Management Services Agency 25C -2 EXHIBIT 1 FIRST AMENDMENT TO COOPERATIVE AGREEMENT THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT is made and entered into this _ day of April, 2014, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, ( "City") and the County of Orange ( "County"). RECITALS: A. The City, on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development ( "HUD ") pursuant to the Housing Opportunities for Persons With AIDS ( "HOPWA ") program. B. City has entered into a HOPWA grant agreement with HUD and the City has contracted with the County since 1993 to provide supportive housing services for persons living with HIV /AIDS. C. The City and County hereby agree to amend the Cooperative. Agreement with the County dated July 1, 2013 ( "said Agreement ") to include additional funds for needed services. WHEREFORE, in consideration of the mutual and respective covenants and promises contained in the Agreement, and subject to all the terms and conditions of the Agreement, City and the County agree as follows: 1. The Cooperative Agreement dated July 1, 2013, shall be amended to include an additional Fifty Thousand Dollars ($50,000) for needed services. Thirty Thousand Dollars ($30,000) of said amount shall be set aside for Transitional Housing needs, and Twenty Thousand Dollars ($20,000) shall be set aside for Case Management, so that the total maximum obligation set forth in section II. Budget, subsection A, for "Supportive Housing Services" shall be Eight Hundred Nineteen Thousand One Hundred Fifty Seven Dollars ($819,157.00). The Administrative Allocation to the County shall remain at Fifty Seven Thousand Eight Hundred Ninety Four Dollars ($57,894). The maximum obligation under the Budget shall be Eight Hundred Seventy Seven Thousand Fifty One Dollars ($877,051.00). 2. Except as hereinabove modified, the original terms and conditions of said Agreement remain in full force and effect. 25C -3 IN WITNESS WHEREOF, City and the County have executed this First Amendment to Cooperative Agreement on the date first set forth above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA A municipal corporation of the State of California DAVID CAVAZOS City Manager COUNTY OF ORANGE LISA E. STORCK Chairman of the Board of Supervisors Assistant City Attorney SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA IN DEPUTY 2 25C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: April 15, 2014 TITLE: AGREEMENT RENEWAL WITH INFOR (US) INC FOR FINANCIAL SYSTEM MAINTENANCE, SERVICES, AND SOFTWARE ( (A 4-4 A- 2008 -037) f l../ f CITY MANAGER f7Xeii-ir, l-IT, 1 z1114�7T�Li7►I CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize renewal of agreement no. A- 2008 -037 with Infor (US) Inc., formerly Lawson Software Americas, Inc. for maintenance, service, and software for the Lawson financial system in an amount not to exceed $200,000 annually for a three year period, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 3, 2008, the City Council approved an agreement with Lawson Software Americas, Inc. to purchase the Lawson financial system. The system went live in September 2009 and replaced a legacy mainframe system that was over 20 years old, no longer supported, and was not meeting the City's financial requirements. The Lawson system is an enterprise system used by all City departments to process, track, and report on the City's financial information and transactions. Key functions include general ledger, grant management, projects and activities, accounts payable, cash management, billing, accounts receivable, asset management, requisitions, purchase orders, inventory, business intelligence and reporting. The agreement provides for an annual software maintenance and support plan that entitles the City to receive software updates and technical support services. In addition, staff is requesting funding for additional Lawson professional services and software licenses required to maintain, optimize, and improve the system and City processes to maximize staff efficiency. Lawson Software Americas, Inc. was acquired by Infor (US) Inc. in 2011. FISCAL IMPACT Funds are available in the Finance Management Lawson Contract Services account (accounting unit - account no. 10910141 - 62300). Francisco Gutier Executive Director ( Finance and Management Services Agency l6 Exhibit: 1. Excerpt of Agreement A- 2008 -037, 2. Services Work Order 2513-1 25D -2 UCUa �tlC.::XPIRES � IL °'T � `LAWSON IttgMvitt A- 2008 -037 LAWSON SOFTWARE CUSTOMER AGREEMENT MASTER TERMS AND CONDITIONS Customer Name: Address: City: StateMp or Province/Postal Code: Country: City of Santa Ana 20 Civic Center Plaza, a Floor Santa Ana CA 92701 USA These Lawson Software Customer Agreement Master Tema and Conditions ('Lawson Master Terms and Cmmlitions') an entered Into by each respective Lawson Gmup company named below and in each Order Form and the customer amity named above and in each Order Form, and Is effective as of the latest date signed below after all Parties have signed. The entire Lawson Software Customer Agreement Includes these Lawson Master Terms and Conditions, and each Order Form, Statement of Work and other written agreement entered into by Customer and any Lawson Group company at any time in the futua and which refers to these Lawson Master Tons and Conditions (ccaactWely, Me'Agraarnent'). The Initial Agreement must be signed below, and may be signed in counterpart and delivered by fax, pdf or other means that displays the original or a copy of me signatures. Any subsequent Order Form or Statement of Work may be signed and delivered in the same manner or as described In that Oder Farm or Statement of work. The Agreement contains the complete agreement with Customer concerning any products, software, maintenance or services provided by any Lawson Group company. IN WITNESS WHEREOF, the parties hereto have executed this Lawson Software Customer Agreement Master Terms and Conditions on the date set forth below. For LAWSON SOFTWARE AMERICAS, INC. CITY OF S T A t/ ( rued dat e) DAVID N. REAM City Manager inn J , M(�e 1�JH (/ MAR 3 2008 lPrinfeA Namel (I nle) 'qx) �oo (Date) Cuslomer Master T &Cs — North An�eriva Revised 2007 August 13 PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheerly Assistant City Attorney 25D -3 Faye 1 of C Customer Master T &C's -No qtt Amenef Paye 2 of C Revised 2007A ugust 14 25D -4 Lawson Software Costumer Agreement Master Torras and Conditions The following Lawson Master Terms and Conditions supplement and govern 1,23 'Nor ProdrWa' owns new smware and doamantaflon that each Order Fenn, Statement of Work and other written agreement entered Lawson Group elects to make generally available to customers Into at any time by Customer and any Lawson Group company at any time on separate from other products and which contain new application or after the effective date of these Lawson Master Terms and Conditions: software or technology, I . Definitions. The following defined terms are In addition to the 1.24 "Omhr Font roans a Product Order Fom (- POP"), a Services definitions contained In each applicable Order Form or Statement Order Form (7SOF'), Statement of Work or other order form entered of Work: Into by Lawson and the applicable Specified Customer at any time 1.1 "Agroonurt' n "Lawson Software Customer Agreement" means and retardng to these Lawson Master Terms and Conditions. Each Order Farm pertains only to the Specified Customer Identified in that these Lawson Software Customer Agreement Master Terms and Order Farm. Conditions and each Order Form, Statement of Work and other written agreement entered into by Customer and any Lawson 125 'Party maam Lrmon or Cuslonur, and 'Parties' means Lawson Group company at any time In the future and which refers to these and Customer. Lawson Master Terms and Conditions. 1.26 'Product trans the Sohmser and Documentation. 1.2 'Cure Pedod' means the period of time after notice from Customx, 1.27 'Product Worroay in opened for Section 7.1 below. reasonably required for Lawson to cure a breach in accordance with Laments then current standard Maintenance or Services 128 'Reieu Mn e' momma the * of a Lawson- Mainlined Product after it Practices. has been made generally available by Lawson. 1,3 'Cuatomer collectively means the customer entity that has signed 129 "$xNo moons hearing' Implemntatim, coneuNrig, Service theft Lawson Master Terms end Conditions and each Spsgned Delivembles, subscription or other services provided by Lawson under the Agreement, excluding Maintenance and any Limited Customer (If different) Identified in each respective Order Form or Offering (unless otherwise slated In an Order Form). 1.4 Statement of Work. 'DOamerdalion" moons al help screens, or other docxmMatin c ne 1.30 " Servics Delves' moans any tool, luring materials x other non - Product Rem described in the applicable Order Form or Statement of describing the operation of the Software described Order Form, which are delivered (in printed or electronic (am) with the Wok u • 'SeMw Dt far la the Specified Software by Lawson or a Third Party, any subsequent updates and Order Form Staten Customer identified In that Order Form or Statement of Work. new Releases of that documentation provided to the Specified 1.31 "Services Womanly is defined in$actlon 7.2 below. Customer listed In that Order Form by Lawson under Maintenance 1.32 'Safiwafe' means 11% Software and manta described In a POP (In or by a Third Party, and any copies of that documentation. source code and /or object code as specified In a POF), any repairs, Documentation excludes all advertising, marketing materials, replacements, upgrades, updates, enhancements and crew Releases requests for proposal, proposals, demonstration materiels and provided by Lawson to Customer under applicable Maintenance for other promo0onal Information. that same Software or provided by a Third Party to Customer, and 1.5 "Escrow Agreement" means the separate escrow, agreement, if any copies of that code, excluding any Limllod Offering software that any, entered into by the escrow agent appointed by Lawson. is IMed in n Order Font as not being a - Product: 1.6 "Extended Malnlnarim' is defined in Section 4.2(b) below. 1.33 'Specified Cusucrur moons the customer identified In an Order 1.7 "Initial Maintenance Period" moons the Initial period of Maintnance Form or Statement of Work and which Is ether (a) the same specified In an applicable Order Form. customer entity that signed these Lawson Master Terms and Conditions or (b) a customer which Is affiliated with the customer 1.8 "IMeledual Property RAMS' means el copyrights, patent rights, entity that signed these Lawson Master Tens and Conditions. confidentiality rights, lretle secret rights and trademark rights now known or created In the future. 1.34 "Statement of Work' or'SOW means ore portion of the Agm~ that describes the Services to be performed by Lawson for the 1.9 "Lawson' moons each mpagw Lawson Group company that has Specified Customer Identified in that Statement of Work and that entered Into the Agreement with Customer, describes one or more of f the following: the main responsibilities of 110 "Leman Cornpothor means a developer, licensor or provider of the parties, estimated time schedule for completion of project, project software or services that directly competes with the then current scope and organimlion, change order process, and other project Products or Services provided by Lawson Group. requirements. 111 "Lawson Documentation' moons the Documentation for the 1.35 'Support OPxMlxu Handbook' means the Lawson- prepared Lawson Products. document that describes the respective types and levels of 1.12 'Lawson Group" means Lwsm Software, Inc. and each of he maintenance and support available for purchase by the applicable Specified Specified Customer for the Lawson- Malmoned Products, as direct and Indirect subsidiaries, by Lawson from time to time. 1.13 "Leman Partner tens each 6" that is then currently 1.36 "faxes' morns my vWle- added, sales, use, excise, gouda and appointed as a'Lawan Partner by any Lwsm Group company. services, withholding taxes, duties or other taxes, Interest and 1.14 " Lwson- Maintained Products' moons the nmodfied Products or penalties that are levied or assessed by a governmental authority Limited Offering that am specified as "LMP" in an applicable Order because of the Agreement, excluding: (a) taxes for which Customer Form while eligible for Maintenance under Section 4 below. provides Lawson a valid tax exemption or resale certificate, (b) taxes 1.15 "Loran Product' moons each Product described in an Order based on Lamm Group's net Income and (c) Interest and penalties Form, excluding Third Party Products. caused by Lawson Group and not Customer. 1.16 "License" is deflrud in Section 2 below. 1.37 "Third Poly nuam Bic applicable owner or supplier of a Third Party Product 1.17 "License Tam- moots • perpetual period of time, unless a shorter term is specified in the applicable Order Form or the License is 1.38 'rhi Party Product' mom eah Product owned by a third party terminated pursuant to the Agreement. and designaled u a separate "Third Party Product In a POP and 1.18 'Limited Offering' means allware, maintenance and /or services delivered to the applicable Specified Customer under the Agreement, excluding third party Products that are designated In that that are designated es 'LO' in an Order Fom. An Order Fan may Y as Bmmedetl or Included with a Product that is proprietary to y to exclude a Limited Offering from the definition of a Product, Le Lawson. Maintenance snorer Service under the A9reemeM. 1.39 "User means employes of the applicable Specified Customer or 1.19 "Mainelrexn MalMenanco' la defied In Section 4.2(a) below. other natural persons who are authorind by that Specified Customer 1.20 "Maintanarrce' mans the mainlenarrm and UPI services to use the Products, Services Deliverables and Limited Offerings for described in Section 4 below and In the then current Support the internal business of that Specified Customer, subject to the Operations Handbook and purchased for the Lawson- Maimalned Agreement Products listed In an Order Form by the Specified Customer listed In that Order Farm, excluding any Limited Offering maintenance or 2 License Granted. Subject to the Agreement, when a Lawson Group support that is Isud in an Order corns m not being - MaiMmenae.- company and a Specified Customer sign an Order Form, that 1.21 -Mainlnoroo Psfbd' rmns: (a) the Initial Maintenance Period or Lawson Group company hereby germs to only the Specified Customer Identified In that Order Form, throughout the License (b) any renewal period of Maintenance under Section 5 below or Term, a nontransfe abae and non - exclusive license to that Specified under the applicable Order Fortin. Customer to use and allow that Specified Customers Users to use 1.22 'Maimium Use Designations" mans the user ImBallon defined the respective Products, Service Deliverables; and Limited Offerings and shown In the Order Form applicable to the Products, Services Identified in that Order Form for up to the Maximum Use or Service Deliverables. Designations Identified in that Order Form and only for the internal business of that Specified Customer ('Lawn'). Customer Master T &C's -No qtt Amenef Paye 2 of C Revised 2007A ugust 14 25D -4 25D -5 Lawson 50,irru Custornni Agreement Mmerar Tenha aria Conditions 2.1 Installation and Use. 2.5 Restrictions. 2.1.1 Unless otherwise authorized by Lawson In writing, only the 2.5.1 The Specified Customer Identified in an Order Form may not applicable Specified Customer, Lawson Group or a Lawson Partner transfer, rent, lease, redistribute or re- license the Products or retained by that Specified Customer, may Install or host the Service Deliverables or use the Products or Service Deliverables Products, upgrades, enhancements and new Releases of the listed in that Order Form to provide data processing, outsourdng, Products, Service Deliverables and Specified Customer service bureau, hosting services or (mining to third parties. Customer modifications of the Lawson Products and Service Deliverebles will not disassemble, decompile, decode or reverse engineer the listed In the Order Forte identifying that Specified Customer. Software, except as expressly permitted by applicable law. 2.1.2 The Specified Customer Identified in an Order Form or Statement 2.52 Only employees of Customer may attend Lawson Gaining. of Work may use the Products and Services Deliverables listed in 2,5,3 Customer shell not directly or indirectly export the Products or that Order Form or Statement of Work only in accordance with the Service Deliverebles from the country of Initial delivery by Lawson Documentation. without the prior written authorization of Lawson and compliance with 2.1.3 Customer must obtain applicable Third Party approval before applicable laws and regulations. granting a Lawson Partner or third party permission to Install, use 2 5.4 The restrictions In the Agreement concerning the use, confidentiality o heat Third Party Products on that Lnvnnn Partners or third and export of the Products and Service Deliverables extend to any party's hardwars platform. updates, upgrades, enhancements, Releases, or support materials 2.1.4 The License doss not allow a Specified Customer in related to the Products or Service Delverebles, and provided by Oder Form to use source erode unless the source code has been code a been Lawson or Its Third Parties. delivered to that Specified Customer under either (a) that Order 2.5.5 Customer shall comply with applicable laws when using any Form or (b) a separate Escrow Agreement entered Into by that Products, Services, Service Deliverables or Limited Offerings. Specified Customer. The applicable License governs the use of any source code. The Escrow Agreement governs the use of any 2.5.6 Each Specified Customer is responsible for compliance with the source code delivered under that Eacrow Agreement. Agreement by each of its Users. 2.2 Software and Documentation Copies. 2.6 Country Versions. The Produces licensed to the Specified 2.2.1 The Specifietl Customer identified in an Older Form may copy the Customer identified In an Order Form are the country version of the Software limed in that Order Form only for backup and archival Produces only for the country(s) listed in that Order Pon, That purposes. Specified Customer may, upon written request and payment of the 2.2.2 During the Maintenance Period and upon request and for a nominal applicable fees, license other than - currently available country versions of the Products under the then current terms and handling charge, Lawson will provide additional copies of the o Lawson is rot to develop software to Lawson Products listed in an Order Form (subject to the Maximum y r meet any requirements of any country orJudsdletion. meet any coup rjums is Use Designations shown in that Order Form) to the Specified Customer Identified In that Order Farm. 2.7 Verifications. 2.2.3 Customer may copy the Lawson Documentation and Service 2.7.1 If requested by Lawson. Customer will Inform Lawson each calendar year of the countries where the licensed Products ere located and Deliverables only for use with the applicable Software under the used. License. 2.2.4 Customer may not copy Documentation for Third Party Products 2'7'2 The Maximum Use Designations for each Product licensed under the unless permitted by the applicable Third Party. Agreement are am out In the applicable Order Form 2.2.5 Customer mum retain and Include on each copy of the Products 2'7'3 Customer acknowledges that some Products may contain software that will monitor the actual users and prohibft unauthorized use ofthe and Service Deliverables, all titles, trademarks, and copyright and Software. restricted rights notices and Customer will document the number of copies. 2.7.4 After reasonable notice and request (and no more than once per 2.3 Third Party Produces Sublicensed by Lawson. calendar year): (a) the Specified Customer Identified in an Order 2.31 Third Party Products subloensed by Lawson may be used only Form will provide Lawson a verification of that Specified Customers compliance with the Maximum Use Designations listed In that Order with the Products and the operating system /tlalabese shown in the Form and (b) Lawson, its Third Parties or their representatives may applicable Order Form. Inspect the location where the Products listed in that Order Form are 2.3.2 Customer is responsible for licensing and paying for additional third installed to verify compliance with the Agreement, provided the party products that may be required for use of upgrades, Inspection is during normal business hours, complies with that enhancements or new Releases of the Lawson - Maintained Specified Customers confidentiality and security policies, and does Products. not unreasonably interfere with that Specified Customers bush l 2.3.3 It the reseller agreement terminates between Lawson and a Third 2.7.5 The Specified Customer will promptly: (a) notify Lawson K K Party for any Third Party Products listed in an Order Fan: (a) the becomes aware that K has exceeded the Maximum Use Specified Customer Identified in that Order Fan may continua to Designations listed In an Order Form for that Specified Customer use those Third Party Products under the License for the License and (b) pay Lawson the then current list price for those additional Term and (b) that Third Party will continue to be a third party Maximum Use Designations plus applicable Taxes, beneficiary to the Agreement and may enforce Its rights under the 217.6 If Lawson teams that the Specified Customer has exceeded the Agreement as the licensor of the applicable Third Party Product Maximum Use Designations limed In an Order Form for that sublicensed by Lawson to that Specified Customer. Specified Customer, and that customer has not previously paid 24 Modifications and Ownership. Lawson for that overage under Section 2,7.5 above, after notice from 2.4.1 Customer may mollify the Lawson Products and Service Lawson that Specified Customer will promptly pay Lawson: (a) the Deliverables only to the extant pertained under an Order Form or then current list price for those additional Maximum Use described in the Documentation for those Products. The Lawson Designations plus a 25% surcharge of that amount, plus applicable Products listed In an Order Form may be used by the Specified Taxes and (b) the reasonable costs of conducting the verification Customer Identified in that Order Pam or by Lawson Partners under Section 2.7.4 If the Maximum Use Designations were retained by that Specified Customer to develop and use (for only exceeded by more then 5%. the Internal business of that Specified Customer) Software 2,7,7 Customer will not be entitled to a reduction or refund of any fees Interfaces. Subject to the License, Lawson and its Third Parties will because the number of actual users Is less than the Maximum Use continue to own all Intellectual Property Rights for the Products, Designations, Services, Service Deliverables and any modifications of the respective Products or Service Deliverables. Unless authorized by 3. Delivery and Installation. separate agreement, Customer will not modify Third Party Products. 3.1 Lawson will promptly deliver to the Specified Customer Identified in an Order Farm one copy of the Products listed In that Order Porte, 2.4.2 The Agreement and Customer will act restrict Lawson Group's or Title to any delivered goads passes at place of shipment (subject to its Third Parties' Independent development, use or licensing of any the Llconsa), unless prohibited by applicable law, type of saftware, 3.2 Except as otherwise agreed In an Order Form, Customer Is 2.43 If an Order Form lists a Product for development and lest use only, responsible, at Cwlcmera expanse, fair installation of the Software the Specified Customer Identified In that Order Forth may use that and Service Deliverables, User training, data conversion, Product for development and testing but not for production (unless implemematlon and other services. that Specified Customer has licensed that Product separately for production use). 4. Maintenance. 4.1 During the Maintenance Period, Lawson will directly or Indirectly Provide to the Specified Customer Identified In an Order Form Customer Master T &Cs — North Amm..ca Page 3 or 5 Revised 2007 Augu a 14 25D -5 Lawson Sc hwnre Customer Agreement Master Terms and Conditions Maintenance for the Lawson - Maintained Products listed In that Order Form. Unless otherwise stated In that Order Form, and based on the type and level of Maintenance purchased, Maintenance will Include the following: a) make available to the Specified Customer Ideri fied In that Order Form general technical information and assistance with problem determination, Isolation, verification and resolution during the hours specified In the then current Support Operations Handbook; b) correct programming same in the Lawson -Ma ntaired Products listed In that Order Form to comply with the Product Warranty under Section 7.1 below and allow the Lawson- Maintalned Products, when properly Installed and configured Of not Installed and configured by Lawson), to operate materially and substantially as dawHbed In the Documentation for those Protlucts, by providing that Specified Customer a program patch, update, new Release, or instructions for avolding the error, as determined by Lawson; and C) provide that Specified Customer updates and new Releases of the some Lawson - Maintained Products listed in that Order Form when generally made available by Lawson for Installation and use by that Stratified Customer underthe Agreement. New Products require a separate Order Form and are not provided as a new Release or as part of Maintenance for other Products. 4.2 During each respective Maintenance Period, Lawson will previce Maintenance for. a) each Release of a Lawson- Maintalned Product for at least 36 months after general availability of that Release ('Mainstream Malraenarecei and of each Release of Lawson-Mentalnmed Product for at least an additional 24 months after termination of Mainstream Maintenance ("ExWMW MeirR n "), Extended Maintenance Is subject to an additional Maintenance fee, and may exclude updates. 4.3 Lawson will publish on its support webshe the scheduled lamination date for Maintenance of each Release that has a scheduled termination date, 4.4 Lawson will not materially degrade its Maintenance practices during the Maintenance Period. 4.5 Customer may elect to Purchase at Customers expenses from the applicable Third Party available support for the Third Party Products specified In an Order Form or Support Operations Handbook as not maintained W supported by Lawson ('No LM "). 4.6 Unless otherwise described In an applicable Order Form, Lawson does not maintain or support Service Delivembles or Products modified outside of Maintenance provided by Lawson. 4.7 Lawson Maintenance requires that a) Customer uses an Internet browser with access to the World Wide Web and an a -mall address to obtain Lawson Maintenance; b) only persons trained by a Lawson-certNed trainer may access Lawson Maintenance; c) Customer provides Lawson reasonably available information and technical assistance; d) he Products must be property Installed; e) Customer complies with the Support Operations Handbook; f)the Specified Customer for the Lawson - Maintained Products listed in an Order Forth uses those Products only on the operating system /database and In the technical environment shown In that Order Form orapplicable Documentation: and g) Customer uses the Products in accordance wish the Documentation. 4.8 If Lawson reasonably determines that a Customer - reported problem is (1) not caused by the Lawson- Maintalned Products, (2) der to Customers modification of the Products or noncompliance with the Documentation or the then current Support Operations Handbook, o (3) der to Custortmers lack of training on the furmtlonality or use of the Products, and Lawson Is reasonably able to correct the problem M Customers request, toss Customer will nimbus Lawson for ham that problem at Lawson's then current rates, 5. Maintenance Renewal and Reinstatement. 5.1 Before each renewal date of the Maintenance Period, Lawson will provide to the Specified Customer for the Lawson - Maintained Products listed in an Order Form an invoke fer the Maintenance fees for those Products for that renewal period, plus applicable Taxes. Customer Master T &Cs — North Anmenca Revised 2007 August 14 5.2 After the initial Maintenance Period (unless otherwise stated In an Order Form), Maintenance for the Lawson - Maintained Products will automatically ran" for successive one year Maintenance Periods so long as Lawson makes that Maintenance available to its customer, unless the Specified Customer Identified in the Order Form for those Products or Lawson notifies each other of son. renewal before the renewal data 5.3 Lawson may consolidate the renewal date for Maintenance Periods under one or mom Order Forms Into one Maintenance renewal date each year for Customer. If Customer has prepaid Maintenance fees as of the consolidated Maintenance renewal date, Lawson will credit the unearned Portion of the prepaid Maintenance fees as part of the mnewal Maintenance fees due on the next consolidated Maintenance renewal date. 5.4 If Maintenance has terminated and Customer and Lawson desire to reinstate Maintenance, Lawson will promptly reinstate available Maintenance g Customer pays Lawson: (a) all outstanding Invokes, (b) the Maintenance fees for the next Maintenance Period, and 0) a 'Rainstetsment Fee' squat to 2% of the then current list price for the Lawson - Maintained Products for each month not under Maintenance. 6. Services. 6.1 Except as otherwise agreed in an applicable Order Farm, all Servirws will be an a lima and mMwWs teals at Lawson's then current rata (ths %wvices Fees') plus apptici Texas, payable within 30 days after Invoke dale. 6.2 The Services will be performed In the manner and under the terns described In the relevant Statement(s) of Work, 6.3 Lawson will select the personnel and provide the Services directly or through a subcontractor, and may reassign personnel if reassignment does not materially Impede the performance or schedule of Services. 6.4 Except as otherwise agreed in an applicable Order Form, the Specified Customer Identified In an Order Form will reimburse Lawson for reasonable travel and oubof- pocket expenses Incurred when rendering on-she Services, Maintenance or Product Warranty services for any Products listed in that Order Form. 6.5 Customer may elect to purchase installation, implementation and other available Services directly from Lawson or a Lawson Partner. 7, Warranties, 7.1 Product Warranty. At the time of delivery of the Products listed in an Order Forth, Lawson warrants that Ohs 'Product Weasel 7.1.1 Media. The media for those Products as provided by Lawson will be free of defects; 7.1.2 Viruses. Before delivery of those Products by Lawson, Lawson will have used up- to-date, commercially available virus scanning and cleaning, and will not have, based on the results of that scanning and cleaning, delivered to the Specified Customer Identified in that Order Foram Products containing any computer viruses, time bombs, harmful and malicious data, or other undocumented programs which Inhibit Product use; and 7.1.3 Functionality. Those Products will include the functionality described in the Documentation for those Products. 7.2 services Waranty. Lawson warrants that at the time of Services delivery, the Services will be provided by trained Personnel and In a professional manner using commercially reasonable agents. 7.3 THE WARRANTIES REFERENCED IN THE AGREEMENT ARE MADE SOLELY BY LAWSON AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Lawson does not warrant that the Products, Services, Service Deliverables or Limited Offerings are het, of nonmaterial defects or will meet the specific requirements or needs of Customers business (whether or not those requirements and needs am known to Lawson). a. Customer's Remedies. 9.1 Customers exclusive remedies for Lawson Group's breach of the Producl Wananty or a Maintenance default are as follows: a) Lawson will provide Maintenance (if purchased by Customer) to repair, replace or furnish an upgrade of the Lawson - Maintained Products to enable those Products or upgrade of those Products to comply with the Product Warranty and Section 4 above; and b) ti Lawson does rot comply wish Section 8.1(a) above within the Cum Period, Customer may recover direct damages for the LBwsmm- Maintained Products subject tre the damage claim, including up to a refund of the License fees of Maintenance Fees paid by Customer to Lawson for those Products, subject to the time periods and limitations described In Section 15 below. 25D -6 Page 4 of G LawSOn Sehware Custom tr,4graymenl Ma$or TErmS and Conti hone 8.2 Customers exclusive remedies for breach of the Services Warranty or a Services default are as follows: a) Lawson will m-perfonn those Services at no additional charge within the Cure Period; and b) if Lawson does not complete that m- pedormance within to Cure Period, Customer may recover direct damages, Including up to a refund of the Services Fees paid by Customer to Lawson for those Services not re- performed and timely cured, subject to the limitations described In Section 15 below. 11.2 9. Laimu n's Reinstall 9.1 Upon request, Customer will provide Lawson sufficient financial information to WMC Lawson to determine Customers creditworthiness. Lawson may withhold delivery of any Products or Services pending credit approval by Lawson. 9,2 Lawson may suspend or terminate Maintenance and/or Services at any time If all Lawson Invoices, that am then due and payable, are not paid within 15 days after notice of late payment. 9.3 Late payments will bear Interest at the lesser of 8% per annum or the maximum annual rate allowed by applicable law. 9.4 Lawson may terminate the License, the Agreement or any Order Form If any undisputed invoices are not paid by Customer within 15 days after notice of late payment or If Customer does not cure any other material breach of the Agreement within 90 days after notice of breach. 9.5 Lawson may Immediately terminate the Agreement or portion of the Agreement to the extent that it becomes illegal for the Lawson Group to conduct business with Customer. 9.6 Customer will promptly destroy or return to Lawson all Products and Service Deliverables If the License and the Agreement laminate as described in Sections 9 or 17.2 (Third Party Products must be returned to Lawson upon lemdnetion ofthe License). 10. Confidential Information. 101 'CorlgdenUY Information" means object code, source code and benchmark tests for the Products and Service Deliverables, Limned Offering software, pricing, non - standard Lawson contract terms, Customer financial Information, data and all other Information reasonably believed to be confidential, but excludes: a) Information made available to the general public without nostrimlon by the disclosing Party or by an aohodzed third party; b) Intonation known to the receiving Party independent of disclosures by the disclosing Party; c) information Independently developed by the receiving Party wheal access to or use of the disclosing Padya Confider" Information; or d) information that the Wall Party may be required to disclose pursuant to a valid and enforceable subpoena or other lawful Process. The receMng Partly will immediately nutty the disclosing Party of any obligations to disclose under this Section 10.1(d) so that the disclosing Party can appear and protect its interests. Customers Confidential Information also excludes any new features or functionality suggested by Customer for the Products or Service Deliverables. 10.2 The Parties soft use reasonable efforts to keep each others Confidential Information secret and will use that Information only to fulfill the rights and obligations under the Agreement, 10.3 Efther Party may disclose in omfidence rte other Party's Confidential Information on a need4o -know basis to other persons, and the Party making that disclosure will be responsible for that person's compliance with the Agresrrem. 10.4 The Parties will have the fight of injunctive mllef to maintain compliance with this Section 10 and prevent unauthorized disclosure, use or export of the Products, Service Deliverables, Limited Offerings or other Confidential Information. 11.3 11.4 11.5 11.6 c) gives Lawson all available non - privileged Information reasonably requested by Lawson Maceming the suit orclalm; d) does not make any admissions that prejudice, or might prejudice the defense; and e) has used the Products In compliance with the Agreement, complies with this Section 11 and reasonably cooperates with Larson in the daNrrs (Lawson soft ralmblxse Cuslanlars ressonable call pocket costa of that requested cooperation). Customer may also retain legal counsel to participate in the oaten" of a claim under this Section 11. Lawson will reimburse Customer for the reasonable fees and expenses of Customers legal counsel only If Lawson falls to continue to retain legal counsel as required by this Section 11. If the Products or Service Deliverables are held or are reasonably believed by Lawson to infringe under this Section 11, Lawson will at Us expense and to the extent commercially reasonable, modify or replace the applicable Products or Service Delivembles to be non- Infringing and with similar functionality, or obtain permission for Customer to continue using the Products and Service Delivembles under the License. Lawson will have no obligations or liability for any sun or claim of Insring a leM based on Customers use of a superseded or Customeranered Release of the Products or Service Deliverable to the extent that the obligation or Ilabiifty would have been avoided by the use of a then current Release of the Products or Service Deliverable which Lawson provides to Customer. If Lawson determines that the remedies in this Section 11 are not commercially and reasonably possible and a court orders or is reasonably likely to order Lawson to terminate the Agreement to the extent it mistes to the Infringing Product or Service Deliverable: a) Larsal will pay Customer, u Cu oases Baia sari exclusive remedy against Lawson (other than Indemnification by Lawson under this Section 11) an amount equal to the License fee paid under the Agreement for the infringing Product and Service Deliverable and any Other Pmduct(s) and Service Delivemble(s) that become substantially unusable because of the Infringement leas the cumulat as depreciation of those Produce and Service Deliverables based an a Six (6) year straight line depreaclation commencing care (1) year after the initial date of the License for those Products and Service Deliverables; and b) Customer will cease to use and will return to Lawson such Product(s) and Service Denverable(s). Customer will reasonably cooperate with Lawson to mitigate Infringement damages. 12. Insurance, While Lawson is rendering any omits Maintenance or Services, Lawson will maintain comprehensive general liability Insurance for bodily injury and damage to tangible property, with coverage of at least $1,000,000 USD per occurrence, with a general aggregate limit ofat least $2,000,000 USD. 13. 14. 14.1 11. Infringement Indemnity and Remedies. 11.1 Lawson will, at its expense, retain legal counsel and defend any 142 suit or claim brought against Customer and will indemnity Customer against any third party damage claims that the Products 15 or Service Delivembles as licensed and delivered by Lawson infringe any third party's Intellectual Property Rights, only it 15.1 Customer a) promptly notifies Lawson after Customer learns of the suit or claim, and no delay by Customer In providing that notice materially prejudices the rights of Lawson; b) gives Lawson authority to defend or salts the suit or claim (provided that Lawson does not agree to any sedienlent that 15.2 materially prejudices Custorl Cusromer Master TSCI — Nunn An,,% + Revised 2007 Hngust 14 25D -7 No Hire of Certain Lawson Employees. Customer agrees that until one year after the later of (a) the lamination of the Maintenance Period or (b) the completion of Services, Customer will not hire, employ, retain (directly or Indirectly), or contract for services directly with any current employee of the Lawson Group who Is or has been working In any capacity with Customer, and whose services have been invoiced to Customer, without receiving prior written consent from Lawson. If Customer violates this Section 13, Customer agrees to pay to Lawson as liquidated damages a fee of 100% of such Lawson employee's annual compensation in effect at the time of such employee's severance of employment with Lawson, as evidenced by copy of such employee's most recent payroll record. Force Majeure. Neither Party will be in default of its obligations under the Agreement or liable to the other for any noncompliance arising from causes beyond the reasonable control of the Party, Including, wnhoul Iimrtation, fires, goods, natural disasters, communication failures and other equipment or telecommunication problems. Each Party will use reasonable efforts to resolve promptly any type of fame majeure event described In Section 14.1. Limitations of Liability. In no event will Lawson, Lawson Group, Third Parties or Customer be liable for Indirect. Incidental, punitive, exemplary, special or consequential damages, or damages for loss of profile, revenue, data or use, Incurred by either Party, whether In contract or tort, even if the other Party has been advised of the possibility of such damages. Neither Party will seek or apply for such damages. Other than indemnification by Lawson for third party claims under Section 11 above or bodily Injury or direct damage to real P,e5ei Lawson Software Customer Agreemem Master Terms and Condinons or tangible personal property to the extent caused by Lamcn's shows npNotence, Lawson, Laceson group and No Third PW0OB- aggrywle and euraalW a Nablllty for damages to Customer a) for the Products, the Product Warranty or Maintenance, whether In contract or tort, will be limited to actual direct money damages In an amount hot to exceed: (1) theLicense fees paid by Customer to Lawson for the Products subject to the damage clean N Customer notifies Lawson of the claim within are yew after the date of the earliest Order Form for those Products or (2) the most recent annual Maintenance fees paid by Customer to Lawson for the Products subject to the damage claim If Customer ratifies Lawson of the claim more than one year after the data of the earnest Order Form for those Products subject to the damage claim; b) for the Services and Services Warranty, whether In contract or tort, will be limited to actual direct money damages in an amount not to exceed the Services Fees paid by Customer to Lawson for the Services subject to the damage claim during the one yew period prior to Customer notifying Lawson of the claim; and c) for any Limited Offering, whether In contract or tort, will be limited to actual direct money damages In an amount not to exceed any fees paid by Customer to Lawson for that Limited Offering during the one year Period prior to Customer notifying Lawson of the claim. 15.3 The limitations of liability In Section 15 apply to Lawson Group In the aggregate and are not additive among each Lawson Group company. 15.4 The Parties will each use reasonable efforts to mitigate their damages. 15.5 Section 15 describes the agreed allocation of risk. 18. Source Code Escrow. Unless an Order Form specifies delivery of source code for a Product, all Products will be provided In object code only to the Specified Customer Identified In an Order From. During the Maintenance Period, the Specified Customer Identified in an Order Form may elect to become a beneficiary under the applicable Escrow Agreement between Lawson Group and its escrow agent for the Lawson Products delivered by Lawson in object code only under that Order Form (excluding Third Party Products) by: (1) signing the applicable acceptance farm provided by Lawson and (2) paying the escrow agent all initial and renewal escrow fees. The License and the Escrow Agreement govern any Product source code provided to Customer under the Escrow Agreement. 17. Assignment. 17.1 Customer may net assign the License or the Agreement, or transfer any rights or obligations under the Agreement. 17.2 If a Lawson Competitor acquires a controlling interest in the capital stock or assets of Customer ar Customers su casso, Lawson may elect to terminate the Agreement upon notice to Customer and shall have no refund obligations to Customer. 17.3 Lawson Group may transfer the right to receive payments under the Agreement. 17.4 Lawson Group may transfer the Agreement in connection wish a merger, reorganization, sale or transfer of all or substantially all of the assets of Lawson Group or as applicable operating subsidiary or division, 17.5 Any assignment or transfer in violation of this Section 171s veld. 18. Publicity, 18.1 Either Party may (in any presentations, press release, advertising or publicly - disseminated materials) refer to the other Party, to the Products and Services acquired by Customer, or to background Information, Including, for example: Lawson competitors and competing products considered by Customer, net value of the Agreement, and Customer business needs and reasons for selecting Lawson and the Products. 18.2 Pricing and non - standard Lawson contract terms will remain confidential under Section 10 above. 19. Notices. 19.1 All notices required under the Agreement must be in writing and delivered electronically or by other method providing for proof of delivery, fo the afteandon of the PwW* president o managing director, at the address on the applicable Order Form (unless a different recipient or address has been designated by notice to the other Party). Customer Master T &CS - North America Revised 2007 August 14 19.2 Other communications may be delivered by fax, email or other written means. 20. General. 20.1 All services provided by Lawson will be provided as an Independent contractor, and neither Party will be, or represent Itself to be, the franchiser, franchisee, agent, legal representable or fiduclary of the other Party. 20.2 The Agreement may be amended only In writing signed by the Parties, except that Lawson may upon notice to Customer and without Customers signasurs, amanal an Order Form to Correct wrore without Increasing the License fees or Services rates. 20.3 The Agreement contains the complete agreement with Customer concerning any products, software, maintenance or eervless provided by any Lawson Group company. The Agreement supersedes all purchase orders, prior agreements, %presentations, statements, requests for proposal, proposals, negotiations, understandings and undertakings concerning any products, software, maintenance, service, Service Deliverable or Limited Offering. 20.4 The Agreement will commence into force on the date that Lawson signs the Agreement and will continue In force until the Parties agree otherwise or the Agreement Is terminated in writing In accordance with the provisions of the Agreement. 20.5 Sections 1, 7.3, 9, 10, 11, 13, 14, 15, 17, 19, 20, 21 and 22, and the provisions of the Agreement contenting protection of Intellectual Property Rights, will survive any lamination or expiration of the Agreement. 21. Governing Law and Dispute Resolution. 21.1 The Agreement Is governed by Minnesota law (wkhoul regard to conflicts of laws principles). All of the terms of the Agreement shall be enforceable to the full extent allowed by Minnesota law. If Minnesota law changes in any manner contrary to the express terms of the Agreement, those changes will not govern the Agreement to the extent that those changes can be lawfully waived by contract. 21.2 Promptly after the written request of either Party, each of the Parties will appoint a designated representative to meet promptly In person or by telephone to attempt to resolve In good faith any dispute concerting Lawman's Invokes, the Products, Maintenance, Services, a Limited Offering or the Agreement. If the designated representatives do not resolve the dispute, then either Party may request that an officer of Lawson and an officer of Customer meet promptly in person or by telephone to review and attempt to resolve the dispute In good faith. 21.3 Unless prohibited by applicable law, Lawson and Customer each walve their right to a Mal by jury for any disputes between the Parties. 21.4 No litigation, arbitration or other action relating to the Products, Malrnenence, Services, Limned Offering, Lawson's Invoices or the Agreement may be brought: (a) If the Injured Party has not participated or agreed to participate in the meetings described In Section 21.2 above or (b) I the cause of action has been known by the Injured Party more than 2 years. 21.5 Each Party will pay (without reimbursement) its own legal fees and expenses Incurred in any dispute. 21.6 The Parties must comply with this Section 21 for any dispute. 22. United Stales Government Restricted Rights. If the Products or Service Deliverables am acquired by or for the United States ("U.S.") Government or by a U.S. Government prime contractor or subcontractor (a any bar), then the U.S. GcvommeM's rights in the Products and Service Deliverables will be only as sat forth In the Agreement. This Section 221s in accordance with 48 CFR 2271201 through 227.7202 -4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non -DOD acquisitions), and other applicable sections of the U.S. Code of Federal Regulations men In effect. 25D -8 [End of Lawson Software Customer Agreement Master Terms and Condmonal Paqu e of E e o a a O�gga' o=k 9 A m y = - � s egg aN_ q �� ��m m5 �� iID°N ➢ .n �=5 ._x'22 E g O� a me °-� np efs a � Ew ma E a �.n $ e $ E .69 E U E EnID Eno nm = � °m c_ 5m Ica O E�= - U Igo au. °ng 0ID E Z a_m �2U9 E u° �c m.�E ycq mEBg E_w ccc °5 oU `�� 0E o cLOS �� �"�.� mcv�c 2 ?���n �Em €D v'✓'zm d�a �' m o igm pp vvE a m �9E mE� -E M E� E$�`� x E E E _ E° a Ea "� na t Nmc mES E3 °u dawn o° ➢`off O E�- =m E3 A� uE� � E" °y, c o �K ° ctc E � @a a oL Ei faJPE aan in�y�E.22 E ESE zE p a�gzE �n�€ d u 25D -9 A- 2008 -037 w€ �s a� E v O 3 0 `o a U S F° 0 tf E U O v N d 4 E 8 2 go N ° C 8 K � 30� VI U' III II 9 m F a s 6 m E a� 5��ogaF Vag s9 d 8 5B ry 'Sq° Noo��° 5�a rvB �m Zh SS �mN �°1G9 o� 6R4 12 r a ti N�nom� m�a�,Bu.mi °��88v9 Eo.`w t a p HE P20 om� �a &dot `5t rc yy>m€" dmm d�N LL'S Sam@ �ad�o�'9m N acct o° aLLdtdE_ rnma g `d `ce` °DSO a s 6� Ec' •.�� a Saa�a O_°c i02°Som F [J ry tw ry ry t� 25D -10 4 08 Si G� s NUT Nu �� 58HO.. 94 Lu �SpLLO g �g T'S mE �3 n 5 LLLL as �s !N9A�2 v�ry G� a2 Mg 6�aaTD a °aT v m E E c E E a 8 H kit R-9 c N F° gS$E °a .2 �.HLL LLaN �3 m ��a�3a" gD� fc�'zwa En r w ry 25D -12 v� awOm�n7 w ° �OE iQ�v59 w€ NS 43 o0 v.9 �€ c10 t -�a =s ay �g °5 v° evh_s� a E o Eag'�N `o �! gs "ID� ne' �% "IDEA =va �m NmL.'3��C �• d p, a°i a d pa@i a d o O IL U a `O LL 3' 35 cdf S��S2a„ -a-0 a.�` Na'9s =e` y aim �ma���w a €�moaA�om LLaLL @_ Eom cLLa UEG °CONS �'a z E rc v w rc iw Ez mi a °5 Na �ro a °z �o of °o _2w �Sg c� `off NQ `o z� E `aZ oU r }a ^u� �w c� mU »2 �W N (9 OJ ^W N1- :Z �N cw OW u� c� 3i S� €g 25D -13 R a t 8 Es Ga R� 25D -15 SERVICES WORK ORDER This Services Work Order ( "Work Order or SWO ") is subject to all terms and conditions of the Master Terms and Conditions between Infer (US), Inc. (formerly Lawson Software, Inc.1 ( "Info/") and City of Santa Ana, a charter city and municipal corporation ( "City ") with an Effective Date of 3/3/2008 (the "Services Agreement "), agreement #A- 2008 -037. All terms of the Services Agreement are incorporated herein by this reference. Capitalized terms not defined in this Work Order are defined in the Services Agreement. In the event of a conflict, the terms of this Work Order control over the terms of the Services Agreement. Effective date of this Work Order: As of last party signing this Work Order Work Order Number: N/A Prepared By: Jim Jensen Approved By: Paul Davis Project Name: Services to be provided 6/1/2014 to 5/31/2015 _ Objective: Provide general Lawson system consulting services as requested by the City. _ Project Scope ............ ............... ....-- --... .._..._ ..- -- --..._ .---........_ ------- ....... ..----- --- Infor will provide ad hoc consulting services as requested by the City during the period beginning June 1, 2014 through May 31, 2015. This may include both functional and technical assistance. I The estimated hours included in this SOW are designed to be utilized by the City on an as requested basis. The specifics of the services to be provided have not been determined, but will be discussed and agreed upon prior to a resource being engaged. _ Project Deliverables None identified. Any deliverables rere uested provided would be mutual) a ry eed upon__ mm Project ASsum_ptiofs_ The City will contact Infor Project Lead assigned to schedule resources as projects are identified. Infor will not provide services hours in excess of those set forth below without a mutually agreed upon and executed change order to increase the level of effort and estimated services hours and fees. _ 1___EUo act Exclusions None identified. — .... – _ Infor Responsibilities � Provide eneral Infor /Lawson s stem consulting assistance as requested b the Cit _ Responsibilities City resources will be engajed to assist on-orojects on an as needed basis. Services Fee Estimates Resource Role Estimated Hours [Hourly] Rate (US$)Estimated Fee US$ ICS Consultant Senior 278 $190.00 $52,820.00 Total* $52,820.00 CURRENCY: US DOLLARS *All amounts are in US Dollars unless otherwise specified Estimated time and costs listed in this Work Order represent an estimate only. Actual project time and cost may vary from the estimates provided. Where a substantial variation from this Work Order is foreseen, both parties must agree in writing to the additional work and amend this Work Order accordingly. All services are provided on a time and materials basis and are billed bi- monthly. Billing and payment are not dependent or conditioned on delivery of deliverables contemplated herein or any other deliverables. Travel and living expenses are not included in the rates or estimated fees stated herein. Reasonable travel and living expenses will be billed for resources who reside further than 50 miles from the City. Travel time to and from the City's site will be billed at $0 per hour. LOCATIONS: Services may be provided at the facilities of Infor or its Contractors, or at the City sites listed below. A minimum of Y2 day (4 hours) will be charged for all work at the City's facilities. Remote services provided via phone, facsimile or remote access to the City's site will be subject to a one -half (1/2) hour minimum. Infer (US), Inc. Son,ices Work Order (US Oct. 2012) Page 1 of 2 25D -16 PAYMENT: Infor will invoice the City for all services and applicable charges on a bi- monthly basis, as Infor renders the services or City incurs the charges, as applicable. The City will pay each Infor invoice within thirty (30) days of the date of invoice. THE PARTIES have executed this Work Order through the signatures of their respective authorized representatives. Infor (US). Inc. Signature: Printed Name: Title: Address: Address: Signature Date: City of Santa Ana Signature: Printed Name: David Cavazos Title: ICity Manager Address: 20 Civic Center Plaza Address: Santa Ana, CA 92701 Signature Date: ATTEST: Maria D. Huizar Clerk of the Council RECOMMENDED FOR APPROVAL: Francisco Gutierrez Executive Director, Finance and Management Services Agency APPROVED AS TO FORM: C, S°T Sonia R. Carvalho City Attorney Infor (US), Inc _Services Work Order (US Oct. 2012) Page 2 of 2 25D -17 25D -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 15, 2014 TITLE APPROVED AGREEMENTS WITH JOSEPH C. ❑ As Recommended TRUXAW AND ASSOCIATES, INC. AND [] Amended COAST SURVEYING INC. TO PROVIDE El O Ordinance on 1 st Reading El Ordinance on 2ntl Reading CONSTRUCTION SURVEYING ❑ Implementing Resolution SERVICES ❑ Set Public Hearing For CONTINUED TO ...✓ FILE NUMBER CITY MANAG RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute agreements with Joseph C. Truxaw, Inc., and Coast Surveying, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide as- needed construction surveying services, for a 26 -month term expiring June 30, 2016, with the option to extend for two additional one -year terms by written authorization of the City Manager and the City Attorney, for a maximum of four years, in an amount not to exceed $250,000 each. DISCUSSION Approval of this recommended action will allow the City to enter into agreements with Joseph C. Truxaw, Inc., and Coast Surveying, Inc., to provide as- needed construction surveying services for capital improvement projects. Construction surveying is a crucial step in ensuring that construction improvements are built according to plan. In addition, survey crews are responsible for restoring survey monuments and street centerline records after the streets have been disturbed by construction activities, as required by the Business and Professions Code of the State of California (Code). Several street, water /sewer, and facility improvement projects are identified in the City's Capital Improvement Program, and are expected to be constructed in the upcoming years. Most of these projects will require construction surveying services; however, there is only one City surveyor. To keep up with the workload and to perform tasks required by the Code, it is necessary to retain the services of land surveying firms to supplement the efforts of the City's survey staff. Additionally, the survey firms will assist City staff by providing supplemental map checking services. On November 4, 2013, a Request for Proposals was issued to solicit qualified consulting firms to perform construction surveying services. Fifteen proposals were submitted by the December 2, 2013 due date. A committee consisting of four Public Works Agency staff members evaluated the proposals. Each proposer was rated according to its qualifications, experience, and capacity to 25E -1 Agreements with Truxaw and Coast Surveying for Construction Surveying Services April 15, 2014 Page 2 perform the required work. Proposers with an Initial Proposal Evaluation score of 80 percent or higher were invited for interviews, The final ratings for the firms are as follows: Proposer Initial Proposal Evaluation % Final — Interview Evaluation % Rank Joseph C. Truxaw and Associates, Inc. 91.3 88.0 1 Coast Surveying, Inc. 97.3 85.3 2 RBF Consulting 84.6 83.4 3 VA Consulting, Inc. 83.4 77.0 4 Towill Surveying, Mapping and GIS Services 85.7 67.5 5 Gulda Surveying, Inc. 82.9 64.7 6 Staff recommends entering into agreements with the two top -rated firms — Joseph C, Truxaw, Inc., and Coast Surveying, Inc. — in an amount not to exceed $250,000 for each firm. Construction survey services are often needed on short notice; therefore, retaining two firms ensures that at least one firm is available. The services will be provided on as- needed basis as requested by City staff. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The total obligation of these agreements shall not exceed $250,000 for each firm. Costs shall be charged to the capital improvement project requiring the services. Edwin "William" alvez, P.E. Interim Executive Director/ Public Works Agency EWG /CC APPROVED AS TO FUNDS AND ACCOUNTS: Francisco utierrez Executive Director/ Finance & Management Services Agency Exhibits: 1. Agreement with Joseph C. Truxaw and Associates, Inc. 2. Agreement with Coast Surveying, Inc. 25E -2 EXHIBIT 1 25E -3 CONSULTANT AGREEMENT FOR CONSTRUCTION SURVEYING SERVICES WITH JOSEPH C. TRUXAW AND ASSOCIATES, INC. THIS CONSULTANT AGREEMENT made and entered into this 15th day of April, 2014 by and between Joseph C. Truxaw and 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 construction surveying 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 construction surveying services for City projects, on an on -call basis, as set forth in the City's Request for Proposals — Scope of Services dated November 4, 2013, attached hereto as Exhibit A, and the Consultant's Proposal, attached hereto as Exhibit B. All Exhibits to this Agreement are incorporated by this reference. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether 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, a royalty -free, nonexclusive, irrevocable license throughout the world 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 C. The total sum to be expended under this Agreement shall not exceed $250,000.00 during the initial two -year term of this Agreement. b. The total sum to be expended under this Agreement shall not exceed $250,000.00 during each of the subsequent one -year option periods. 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. Exhibit 1 25E -4 4. TERM This Agreement shall commence on May 1, 2014 and terminate on June 30, 2016, unless terminated earlier in accordance with Section 13, below, The City Manager shall have the option to extend the term of this Agreement for up to two (2) additional one -year option periods, on the same terms and conditions set forth herein. 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: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which 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 injiuy, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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: 25E -5 (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 fumished 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. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and/or materials) or Consultant's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. S. 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. 25E -6 10. NOTICE Any notice, tender, demand, delivery, or other convrnmication 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: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: 714 - 647 -6956 With courtesy copies to: Public Works Agency — Construction Engineering City of Santa Ana 20 Civic Center Plaza (M -22) Santa Ana, California 92702 Facsimile: 714 -647 -5058 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714- 647 -6515 To Consultant: Joseph C. Truxaw and Associates, Inc. Attn: Joseph G. Truxaw 265 S. Anita Drive, Suite 1 I1 Orange, California 92868 Facsimile: 714- 918 -6277 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 facsimile, 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 terns of this Agreement shalt 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 terns 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. 25E -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 maybe 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. 13. 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. 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 its 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. 25E -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year First above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 4 �� Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director - PWA CITY OF SANTA ANA DAVID CAVAZOS City Manager JOSEPH C. TRUXAW AND ASSOCIATES, INC. JOSEPH G. TRUXAW President 25E -9 Exhibit /k~ Request for Proposal — Scope o[Services DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Construction Surveying and Map Checking Services. Construction Surveying Service 1n general, the Consultant shall perform monument preservation and construction staking various (]{y projects wmunms,meeAod&ayio.&Cu|Wnnim'|iconwadoaudxumgynry&mQbe|nospmnsible charge mf all survey work performed tinder the contract The Consultants services shall include, but not b* limited to, the following: & Research existing County and City records for survey monuments within the project area. D� Prior to any clearing, removal, or excavation afforts, perform a diligent search for property line monuments, street centedine monuments, and benchmarks within the project area, recording their identities and precise locations in reference to monuments or witness monuments that will not be disturbed during construction. The records of these monuments and references shall conform to Section 8771 of the Business and Professions Code of the State nJCalifornia. After completion rf the construction, any monument disturbed o, removed during construction shall be reset, conforming to Section 8771, Each centerline intersection shall be drawn an a single Comer Record showing local fie points and tie distances. The Comer Records shaJI be drafted in Microstation (version 8 or earlier), anda digital copy mf each submitted to the City. C� Provide construction staking for project improvements, P rds of the line and /ad tmkmm (cut shears) shall be on forms provided by the City, and the originals shall become the property my the City upon completion wY each survey mmt7lne City wiffl provide digital construction p/mmw and specifications for each project The consultant shaft h/miyb bard copies *f plans for field personnel auneeded, D� Set line and grade stakes in accordance with the plans and specifications- Notiffy the City immediately ni any diso*panniau design errors discovered on the plans during staking or when verifying the line and grade uf existing improvements at join points. E Complete the construction staking within the time frame specified on the Survey Request Form, or (given minimum notice) commence the slaking mo later than two working days from the receipt uf the request, providing continuous service until the request iscomplete, F. Furnish all office support, labor, materials, equipment, toots, and incidentals necessary to complete the specified surveys- The costs for these items shall be included in the hourly or lump sum costs and no additional compensation will boallowed then*8xnw. ������ �����U � G. Attend omea8ogmmith City's staff a*required. Map Checking Services H. Information furnished by the City checking will be roughly mmfnNmmn�1 set uf Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans, \. Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compfanceAith the Subdivision Map Act, and acceptance for recording - J, Review title report and existing easements for correct plotting and references. K Review improvement plans associated with the project to ensure the Exhibits correctly identify the limits and location uu shown mn the improvement p|aom- L Provide m set wf recline check prints showing the redlined comments, and required corrections and information. M. Provide a check letter covering the major required comments, and corrections and instruction far future mubmittals- N. Provide mfiemnheet with items L and &Y. above a[ the end uy every review- The tinoeuhoot must include, but is not limited to, project name, review number, dates, review hours, hourly rate, and total cost, Miscellaneous Services (). Provide survey services mmrequested. A detailed scope oY work will beuoNinedwhen specific 0o the consultant. Services shall include, but are not limited to, xzmmm,sactiwms, intersection grids, m*otadino determination, digital terrain models (.d#n},^bt o,mwaydmtemm[mzbnn,ud�ypu,�/oomndeohibitm, � - P. Generate m computer 0cmwi iMitnmtnbnmY&h)nnml showing survey per the attached City of Santa Ana CADD Standards (Attachment 5) as well as the sample survey drawing on this City wfSanta Ana vvnbsitelisted i: item 4 below U. All survey needs to be prepared to the satisfaction of the City's Senior Surveyor and meet the following standards: R. Horizontal control shall be based ^othe 1883 North American Datum (N8D0J), bed toa minimum mf two proximate County af Orange, CCS83, Zone VI, 1891-35 Epoch Adjustment control points, Project coordinate values shall bm provided inU.S. Survey Feet, The County control points shall determine the Basis of Bearing for the project. S� Vertical control shall he based on the North American Vertical Datum of 1988 (NAVD88), tied Lua minimum oy two proximate County of Orange bench marks- Project elevations shall bo provide inO.S' Survey Fast. T. Horizontal afignments) for the project shall be tied to the survey centerkne monuments within the project area. "������� �����U U U. With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required_ V. Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, easting, elevation, description (comma delineated with no spaces, one point per line)- The coordinate precision shall be one hundredth of a foot. W. At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. X. All City CARD standards as well as Microstation configuration files are located at: Y. htip:ltwww.santa-ana.orglpwa/EngineeringServices.asp IMPLEMENTATION A. City staff shall have the right to modify, reduce, or delete the services as needed by City, B. The term of the contract shall be for two (2) years which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last PERFORMANCE SCHEDULE A. City staff will provide written request for quotes. The consultant will respond, in writing within 3 working days. The City can request lump sum or hourly rate quotes. The consultant shall provide backup documentation for all expenses upon City request. B. Upon approval and within 7 working days, the City shall issue the Notice to Proceed. Survey work shall begin within 2 working days from the receipt of the Survey Request Form. Map checking work shall begin as indicated on the Notice to Proceed. C. The City reserves the right to assess liquidated damages or terminate the contract. D. City -staff shall have the fight to negotiate the terms of the quote- 25E-1 2 Exhibit B — Consultant's Proposal RFP NO. I• MORE G w I G PREPARED BY; Joseph C. Truxaw and Associates, Inc. 265 S. Anita Drive, Suite 91I Orange, CA 92666 (7 14) 935-0265 25E -13 IN I/ 265 S, Anita Dr, Suite ill Orange, CA 92868 (714) 935 -0265 FAX (714) 9)5-0106 December 2, 2013 Mr, Carlos Castellanos, PE City of Santa Ana Public Works Agency, Construction Engineering 20 Civic Center Plaza Santa Ana, CA 92702 RE: Statement of Qualifiication$, Construction Surveying Services, RFP No. 13-063 Dear Carlos, On behalf of Joseph C, Truxaw and Associates, Ina, I am pleased to respond to your request for Construction Surveying Services, We are in receipt of the RFP dated November 4, 2013 and Addenda 1 -3. Truxaw and Associates Is uniquely qualified to provide these services for the following reasons: • Recent and relevant experience with exactly the same services requested in the RFP, • 40 years of consistent and favorable working relationships with City of Santa Ana staff and management, • Successfully completed over 180 civil engineering, land surveying, slid mapping projects within the City, • Professional land surveyors and engineers with expertise in the requirements expected by the Public Works Department and Construction Engineering Division, • Nearby office within 10 minutes of Santa Ana City Nall, • Will serve the City on short notice and acknowledge that time is of the essence to the City in the performance of our duties for the requested services, Joseph G. Truxaw, PLS, President will serve as the Project NtanagedPrincipal Agent (single Point of contact) for the City of Santa Ana throughout the duration of our agreement, I have over 39 years' experience in land surveying and project management. The Truxaw firm of 23 professionals, Including 3 Licensed Land Surveyors, 1 Land Surveyor In Training, 5 Professional Civil Engineers and 1 Engineer In Training., together with an efficient support staff, Is optimally sized to handle large projects while maintaining a personalized "small' firm relationship which public agencies have enjoyed for many years, We Zook forward to working with you and the Public Works Construction Engineering Section, ase feel free to contact me with any questions, SlI �, SE �C,. TRUXAW AND ASSOCIATES, INC. " "1.ANQ'tr+�ri Joseph C. Truxaw and Associates, lac, Civil Engineers and land Surveyors (714) 835.0266 25E -14 Construction Surveying Services Clfy of Santa Ana December 2013 T8U#AW J eph O. Truxaw, PLS sident 5 (catruxaw truxawoom �r _ Joseph C. Truxaw and Associates, lac, Civil Engineers and land Surveyors (714) 835.0266 25E -14 Construction Surveying Services Clfy of Santa Ana December 2013 TA�LE OE CONTENTS Firm and Personnel Experience Firm Profile Organizational Chart Names and Experience ofPersonnel Percentage 8f Time Breakdown Implementation Plan and Deliverables Exhibit D^References Exhibit E—Propover`uStatement Exhibit F— Certification of Nondiscrimination byContractor Exhibit Q— Responsible Proposer — Supplemental Questionnaire Exhibit H— Non-Collusion Affidavit Exhibit |~ Sample Additional Insured Endorsement for Commercial General Liability Policy Fee Envelope (Separate Sealed Envelope) Exhibit C — Proposers Statement and Proposal Item Pricing Joseph unuxaw and xss*ciaroa, too, (714) 935-0265 ���� ���U��� �U � Construction City of Santa Ana Firm Profile Joseph C. Truxaw and Associates, Inc. is an Orange County based professional corporation of civil engineers and land surveyors. Incorporated in 1975, the firm grew from a private consulting practice founded by Joseph C. Truxaw while he was City Engineer and Director of Public Works for the City of La Palma, California. The organization has a diverse client base, serving developers, public agencies, architects, food service corporations, title companies, and construction firms. Truxaw and Associates' project locations Include California, Arizona, and Nevada, giving the firm experience working with and obtaining approvals from over 400 public agencies. The principals of Truxaw and Associates are keenly aware that the keys to client satisfaction are timely communication, quality, accurate plans and specifications, and close attention to schedules and budgets. Organizational Chart The Truxaw and Associates' Organizational Chart is shown on the next page. The key personnel for this RFP are In red text. Joseph C. Truxaw and Associates, Inc. Civil Engineers and Land Sutvoyors (714) 939 -0265 25E -16 Constructor, Surveying Services City of Santa Ana Decerabor2013 Pf d w i I Fi y F F '� '4 FFF -v� 1 N u F- F F 25E -17 t, t F g c y � t ti g c � U U Carl C1 a a, v v U 'sn W G G� cy U � FFF-F I Im- Fi y F F '� '4 FFF -v� 1 N u F- F F 25E -17 N u F- F F 25E -17 25E -17 Names and Experience of Personnel Under the direction of the Project Manager /Principal Agent, Joseph G. Truxaw, PLS, the following key personnel will be assigned, on an "as- needed" basis for specific tasks or projects for the City of Santa Ana, as requested by the City's Senior Surveyor. As shown on the Organizational Chart, additional qualified Truxaw staff members are available and will be assigned for larger projects as required. All Truxaw staff has current and relevant experience working in the City of Santa Ana. Please see key personnel resumes following this section. Joseph G. Truxaw, PLS, Project ManagerJPrincipat Agent Mr. Truxaw has 39 years of experience in public works land surveying and mapping, construction surveys, ALTA surveys, right-of-way engineering, boundary analysis and project management. He Is also responsible for civil feasibility studies, grading and drainage, utility and street improvement design. Mr. Truxaw will be in responsible charge of all surveys and will sign and seal all deliverables for the City of Santa Ana. Joe D. Deal, LSIT, Survey Coordinator Mr. Deal has 25 years of experience in the land Surveying. He has spent the last 14 years working at Truxaw & Associates as a party chief, and now in his current position as Survey Coordinator, His responsibilities include scheduling of crews, safety coordination and communicating with clients, survey calculations and CADD drafting. Craig Lee, Survey CADD Manager Mr, Lee has 33 years of experience in survey computations, legal descriptions, mapping and civil engineering design. Mr. Lee has vast knowledge in CADD Engineering /Survey software. He has experience producing and plan checking survey documents for multiple public agencies in Southern California, In his position of Survey CADD Manager, Mr. Lee's responsibilities include supervision of CADD drafters, as well as calculations, production design and drafting. Jesus Guzman, PLS, Craw Chief Mr. Guzman's 15 year survey career Includes experience with boundary, topographic, ALTA, construction, control, tunnel, aerial, RTK, DGPS, RTN -RTK, and GPS fast static and conventional surveys. He is also experienced preparing and submitting survey estimates and proposals, administration of survey contracts, preparing and scheduling daily survey field work, drafting of corner records, ALTA Surveys, Record of Surveys, Parcel and Final Maps, downloading and processing daily survey field work, preparing of survey base sheets, legal descriptions and project and survey research. Daniel Rodriguez, Crew Chief Mr. Rodriguez's 12 years as Crew Chief for Truxaw and Associates, includes extensive public works construction surveys, boundary, monument preservation, ALTA Surveys and mapping. Daniel is highly efficient and precise. Joseph C. Truxaw and Associatas, Inc Civil Cnginaars and land Surveyors (714) 335.02 65 25E -18 Construction Swaying Services City of Santa Ana Decamber2013 Percentage of Time Breakdown The percentage of time that individual Truxaw and Associates' staff will invest in a particular project for the City of Santa Ana will vary depending on the nature of the requested task and deliverables required. In general, the following guidelines will apply. Project ManagortPrincipai Agent 10% Interface and meetings with City staff and quality Assurance Survey Coordinator 10% Survey Crew scheduling, Safety, Office Calculations, Quality Control Survey CARD Manager 10% CARD Drafting, Map Checking, Final Deliverables Survey Crew 70% Field Surveys, Field Data Post Processing, Quality Control Josoph C, Truxaw and Assmiatos, Ina. Constructia> Surveying Services Civil 6nginears and Land Survoyors City of Santa Ana (714) 935 -0255 Docombor 2013 25E -19 JOSEPH G. TRUXAW, PLS, PRESIDENT Joseph C. Truxaw and Associates, Inc. Profeasional Eac__periance Mr. Truxaw's 39 years experience with Truxaw and Associates encompasses every aspect of the firm's professional land surveying and civil engineering services. Mr. Truxaw specializes in land surveying and mapping, construction surveys, ALTA surveys, right -of -way engineering, boundary analysis and project management. He has effectively implemented state -of -the -art surveying and civil engineering automation including the use of robotic total station -data collection /stakeout Meld technology and AutoCAO /civil $D design and drafting software In the office. Profesaianat Regjstration Professional Land Surveyor No. 6871 (California) Prafe si gal embarshi�s Member of California Land Surveyors Association Member of American Congress an Surveying and Mapping Rena resent City of Anaheim City of Orange City of Santa Ana City of Mission Viejo Maooina. Suveying antl Plan Chocking Clients City of Tustin County of Orange Disneyland Resort Land America Lawyers Title Insurance City of Anaheim, Anaheim, CA Mr. Truxaw has been responsible for checking and preparing over 100 legal descriptions, record maps, certificates of compliance, and lot line adjustments for the City of Anaheim Public Works Department Joe has been Instrumental in creating Plan Check Lists which are now used by City staff, Additionally, Truxaw and Associates provides surveying services to the City on an on•call basis. Joe Truxaw has directed construction related surveys such as construction staking, pre and post - construction corner records and settlement monitoring on City projects. City of Orange, CA Both the City Water Division and the Public Works Department have called on Joe Truxaw for surveying services, Joe is responsible for checking legal descriptions submitted by developers to the City of Orange Water Division. For the Public Works Department Joe has prepared legal descriptions and other record documents required by the City to acquire property for street widening projects. City of Mission Viejo, CA The City of Mission Viejo has depended on the expertise of Joe Truxaw in the review of lot line adjustments, easement legal descriptions and other record documents submitted by developers. The City has expressed their satisfaction with Joe's timely and comprehensive responses to their plan checking requests. Joseph R Truxaw and Associates, too Civil Engineers and Land Survoyars (714) 935.0265 25E -20 Construction Surveying Servlces City of Santa Ana December 2013 JOE DEAL, LSIT, SURVEY COORDINATOR Joseph C. rnixaw and Associates, Inc. PROFESSIONAL E,�pERIENCE Mr. Deal has twenty -five years of experience in the land Surveying and civil engineering profession. His career started with the County of Orange Survey Division in 1988. While at the County he worked with state of the art equipment on large scale capital projects including roads, bridges, dams and hydrographic surveys, He spent several years working at Orange County's John Wayne Airport as a member of the Divisions airport survey crew. He has spent the last fourteen years working in the private industry at Joseph C. Truxaw & Associates as a party chief, and now in his current position as Survey Coordinator. His responsibilities include scheduling of crews and communicating with clients, survey calculations and CADD drafting. pROFES51ONAL CERTIFICATION LSIT No. ZLO05798 Rancho Santiago Survey Program PROFESSIONAL MEMBERSHIP Member of American Congress on Surveying and Mapping Member of California Land Surveyors Association KEY PROJECTS City of Anaheim On -Call Surveying City of Fullerton On -Call Surveying City of Orange On -Call Surveying Disney California Adventure Quality Control and Construction Surveys California Coastal Commission Erosion Control Survey Disneyland Matterhorn Laser Scan Survey El Toro Marine Base Remediation/Utility Survey Newport Harbor Hydrographic Survey Joseph C. Dvxaw and Associates, Inc. Civil Engineers and Land Surveyors (714) 935.0265 25E -21 Conshuctlon Surveying Services City of Santa Ana December 2013 CRAIG LEE, SURVEY CADD MANAGER Joseph C. Truxaw and Associates, Inc. PROFESSIONAL EXPERIENCE Mr. Lee has thirty -three years of experience In civil engineering and survey design along with drafting experience with increasing levels of responsibility, Mr. Lee has vast knowledge in AutoCAD Engineering /Survey software, in his position of Survey CADD Manager, Mr. Lee's responsibilities include training and supervision of CADD drafters, as well as calculations, production design and drafting. CREDENTIALS Associate in Arts, Rio Hondo College, Whittier, California 1972 1 E P�OJEC7S City cf Anaheim On -Call Surveys, Right -ol- -Way Engineering and Mapping Prepare hundreds of corner records for monument preservation, topographic surveys, boundary surveys, construction staking calculations, parcel maps, tegal descriptions and plats for public utility easements and right -of -way takes, all per City of Anaheim requirements Walt Disney Imagineering, Anaheim, California Prepare legal descriptions and CADD exhibits for street right -of -way dedications and landscape maintenance district for the Disney Reson. City of Fullerton On -call surveys, topographic, right -of -way engineering, monument preservation survey. City of Orange, Orange, California Prepare legal descriptions and CADD exhibits for street right -of -way dedications and temporary construction easements for the improvements along Main Street and Chapman Avenue. Seward RE, L.P. - State College Design Center, Anaheim, California Responsible for tentative and final map preparation, survey and office calculations, processing with local and county agencies, coordination with client, agencies and consultants for subdivision of 12 industrial parcels, DDR Properties, Fullerton, California Responsible for the processing and preparation of Record of Survey. CADD topographic and grading plan for the development of a rnultl -story office complex. Amoph C, Truxaw and Assoalalas, Ina Construction Surveying Sarviees Civil rnnginears and Land Surveyors City of Santa Ana (714) 935.0265 Decernher2013 25E -22 JESUS H. GUZMAN, PLS, CREW CHIEF Joseph C. Truxaw and Associates, Inc. PROFESSIONAL EXPERIENCE Mr. Guzman's 15 year survey career includes experience with boundary, topographic, ALTA, construction, control, tunnel, aerial, RTK, DGPS, RTN -RTK, and GPS fast static and conventional surveys. He Is also experienced preparing and submitting survey estimates and proposals, administration of survey contracts, preparing and scheduling daily survey field work, drafting of corner records, ALTA Surveys, Record of Surreys, Parcel and Final Maps, downloading and processing daily survey field work, preparing of survey base sheets in AutoCAD C1vil3D, legal descriptions and project and survey research. Mr. Guzman also has civil engineering experience including consultant engineering adjunct staff for the Cities of Buena Park, Diamond Bar, Villa Park, San Gabriel, Stanton. Tasks Included agency Parcel Map, Final Map, Lot Merger and Lot Line Adjustment plan checking. Public Improvement Plan check, (Street, Storm Drain, Sewer, Street Lighting, Grading), Public Works Inspector, City GIP Administration, Engineer Tech and Permit Technician, PROFESSIONAL REGISTRATION Professional Land Surveyor No. 8648 (California) KEYj'ROJECTS City of Anaheim On -Call Surveying (corner records, topographic surveys) Apple Store — Santa Monica, CA Disney's California Adventure, Paradise Pier, Anaheim, CA Disney's California Adventure Buena Vista Street, Anaheim, CA City of Lake Forest On -Call Surveying (centerline be monumentation) Tustin Airbase Backbone Infrastructure Port of Los Angeles Metropolitan Water District Tunnels (City of Highland) Joseph C. Tivxaww and Associates. Inc. Construction Surveying Sorvicas Civil Engineers and land Surveyors City of Santa Ana (714) 935.0265 Dacembor 2013 25E -23 tftit -7 t11;�?il�fi riT +i�L7�R�,, Joseph C. Truxaw and Associates, Inc. (Truxaw) is prepared and qualified to provide on -call professional land surveying services to the City of Santa Ana Public Works Agency Construction Engineering Section in all Survey Tasks as identified in the RFP. Please review more specific details of each sub -task below. Our track record, providing land surveying services to many public agency survey departments, proves that we have the necessary knowledge and experience in effective project management skills to successfully support the city's projects with proper management and timely coordination of survey crews. All Truxaw survey personnel have extensive knowledge and experience in Public Works map checking, construction, topographic, boundary, engineering, and geodetic survey control methods. Key personnel are experts at understanding and interpreting construction plans and specifications. Our crews will comply with all Federal. State and local safety regulations and be properly attired and equipped at all times. We have the required knowledge and experience and are very familiar with the typical duties, responsibilities and equipment required of Survey Consultants, as outlined in the RFP. Truxaw surveyers take pride in maintaining open lines of communication and good public relations on all projects and are particularly sensitive to the fact that they represent the City of Santa Ana while performing City consulting services. GENERAL a) Truxaw will thoroughly review the survey request for each project and conduct public record research as required. b) Truxaw will review the project requirements and /or attend a pre- project meeting with the City's Senior Surveyor. c) Horizontal control will be based on the 1983 North American Daturn (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991,35 Epoch Adjustment control points. Project coordinate values will be provided in U.S. Survey Feet. The County control points will determine the Basis of Bearing for the project. d) Vertical control will be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations will be provide in U.S. Survey Feet. e) Electronic coordinate files will be stored In Point Number, Northing, Easting, Elevation and Description (P,N,E,Z,D) format compatible with Microstation V8. RAW field book data files will be maintained and available to the City, If requested. f} Truxaw will use the City's CADD Standards in Microstation V8 as a standard template. g) Truxaw will provide the City Surveyor representative with weekly status reports on all ongoing work activities. Joseph C. Truxaw and Associates, Inc. Construction Surveyrtrg Services Civil Enginoara and Land Surveyors City of Santa Ana (714) 936 -4285 Deoombor2013 25E -24 TOPOGRAPHIC SURVEYS a) Truxaw will provide the City with an electronic surface model compatible with Microstation V&. b) Truxaw will provide the City with electronic DNG, PDF, and ASCII files of the completed project, c) Truxaw will perform any other topographic or as -built surveying related work as It becomes necessary. AS-BUILT SURVEYS a) Truxaw will perform surveys as required to locate existing structures for analyzing potential problem areas In engineering works. b) Truxaw will provide the City with field notes, sketches and electronic files as specified In the "General" section above as required to convey as -built data. c) Truxaw will locate potholes as required to determine existing horizontal and vertical location of fixed works (in P,N,E,Z,D format) and provide said information to the City as specified in the "General` section above. CONSTRUCTION LAYOUT a) Truxaw will review construction project plans, details and specifications and attend pre- construction meetings as requested. b) Truxaw will respond to a written request for construction staking within one working day. Truxaw will utilize city's Work Order forms to facilitate communication with the City and contractors as designated by the City. Truxaw will maintain detailed and accurate records of Requests for Construction Staking from the contractor on the City approved form. c) Truxaw will provide construction staking and quality control according to the staking policy, and per industry standards. All final reports, cut sheets and survey notes are reviewed, signed and sealed by a Licensed Land Surveyor in accordance with state law. d) Truxaw will provide the contractor, the Inspector and the City's representative with grade sheets for all staking on the approved form. e) Truxaw will provide the City's Senior Surveyor with weekly status reports on all ongoing work activities, f) Truxaw surveyors take pride In maintaining open lines of communication and good public relations on all projects and are particularly sensitive to the fact that they represent the City of Santa Ana while performing City consulting services. g) Truxaw will perform any other construction surveying related work as it becomes necessary, MONUMENT PRES1;fj,LATlON a) Truxaw will research existing City tie notes, mapping and filed Corner Records and perform a thorough reconnaissance for existing record monuments in areas of pending construction as directed by the City's Senior Surveyor. b) Truxaw will recover and accurately survey existing monuments and ties and document the results of the survey with a pre - construction Corner Record or Record of Survey, as required in compliance with the State of California's Land Surveyor's Act Section 8771. Joseph C. Twaw and Associates, lnc. Construction Surveying Services Civil Engineers and Lend Surveyors City of Santa Ana (71 d) 935.0289 Oeoomber 2013 25E -25 c) New monuments or ties will be set as required, In compliance with the State of California's Land Surveyor's Act Section 8771 and customs of the City of Santa Ana. d) Copies of the filed pre and post - construction Corner Records or Record of Survey as required will be provided to the City Surveyor, HORIZONTAL. AND VFETICAL. CONTROL a) As requested by the City's Senior Surveyor, Truxaw will provide permanent control points for topographic or construction surveys. b) Horizontal control will be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values will be provided in U.S. Survey Feet. The County control points will determine the Basis of Bearing for the project. c) Vertical control will be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations will be provide in U.S. Survey Feet, d) Truxaw will provide the City's Senior Surveyor with copies of field notes, and raw electronic field book showing methodology, closures and any adjustments. e) Final adjusted coordinate points will be stored in Point number, Northing, Easting, Elevation and Description (P,N,E,Z,D) format compatible with Microstation V8. MAP CHECKING a) Information furnished by the City for checking will be roughly as follows: 1 set of Exhibits, title reports, reference documents (Dead, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans. b) Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act, and acceptance for recording. c) Review title report and existing easements for correct plotting and references. d) Review improvement plans associated with the project to ensure the Exhibits correctly identify the limits and location as shown on the improvement plans. e) Provide a set of redline check prints showing the redlined comments, and required corrections and information. f) Provide a check letter covering the major required comments, and corrections and instruction for future submittals. g) Provide a timesheet with Items L. and M. above at the end of every review. The timesheet must include, but is not limited to, project name, review number, dates, review hours, hourly rate, and total cost. OFFICIAL MAP PREPERATION AND BOUNDARY SURVEYS a) Official Maps, including Records of Surveys, Parcel Maps, Lot Line Adjustments, and Certificates of Compliance will be prepared in compliance with applicable state law and local Custom at the request of the City's Senior Surveyor. b) Boundary surveys will be completed in accordance with applicable State law and local custom. Truxaw is extremely familiar with the local boundary, tract and mapping nuances in the City of Santa Ana having completed over 180 Joseph C. Truxaw end Associales, Inc. Civil Engineers and Land Surveyors (714; 9330265 25E -26 Construction Surveying Services City of Santa Ana pocemker2013 surveys in the past 30 years within the city limits. Our archived files are a valuable supplement to the public records, often expediting control work necessary to complete a boundary task. c) Recorded copies of said maps and documents will be provided to the City Surveyor. To ensure a quality work product for all assignments received from the City of Santa Ana, Truxaw and Associates Initially will prepare a Quality Assurance /Quality Control Plan with a Project Time /Cost Proposal including the following information: 1) A work progress schedule with project milestones identified and estimated delivery dates for deliverables, together with an Itemized cost estimate to Include the manpower resources required to complete each deliverable. 2) The name of the licensed professional in responsible charge of the specific assignment. 3) A roster of the individuals who will be performing the work and the classifications of such individuals. 4) The equipment and procedures to be used to ensure compliance with contract specifications. 5) Each assignment will have constant principal level review and oversight by the Project Manager/Principal Agent, who is also the Land Surveyor in responsible charge of the work. All final deliverables will contain the signature and seal of the Land Surveyor in charge signifying his approval of the deliverables. Jcnwph C. Truxaw and Assov aces, Inc. Civi! Engineers and lend Surveyors (714) 935-0265 25E -27 Conatnrcfion Surveying Servicos City o/Santa Ana necernber2013 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES List end describe fully the contracts performed by your film which demonstrate your ability to provide the supplies, equipment or services included In the scope of the proposal specifications. Attach additions pages f j cgg=. The City reserves the right to contact each of the references listed for additional Information regarding Your firm's qualifications, WTIMM Customer Name:,_ Cy of Anaheim Address: 200S. Anaheim Blvd., Suite 276 Anaheim, CA 92805 ContNictAmount TImegndlylatertals/No Cap Description of supplies, equipment, or services provided On Call Land Surveys fifta%R Customer Narnw— City ormissioll Vle)c Address: 200 CIVIC Center Mission VkLq, CA 92651 Contact Individual: tin Easton, FLS Phone Number, (714) 765-5284 I'sosImIle Number: Year: 2000 to Present Contact Individual: -Jze tam. es, Phone Number: 549 470 -3091 FMMIS Number: Contract Amount: Ilync and Mawrlds Oa Call, M000 MmR Year; -i-0-08 to �Prcient--'. Description of supplfou, equipment, or services provided: Mn= C usto me r Name: g 1 tylpf _O_ra_n ge - _Watc r 12Lyl a _1on Address: P.O. Box449 Contact Individual: -Luall Cao' P.E. Phone Number: 714 87c g 2175 Facsimile Number; Contract Amount: Time and MateriaN On C Year., 199 a resent Services 25E-28 Joseph G. Truxaw and Associates. Inc. Construction Surveying services Civil Engineers and Land Surveyors City of Santa Ana (114) 935-0265 Docornbar2t)13 25E-29 Agency Contact City of Anaheim Ian Easton, LS On-Call Surveys Public Works Dept. 200 S. Anaheim Blvd., Anaheim, CA 92805 _§Yn2y_�� 714-765-5284 City Surve yor City of Mission Viejo Joe Ames, PE Map & Easement Public Works 200 Civic Center, Mission Viejo, CA 92691 949 470.3091 & (949) 470-8419 Tuan Cao, PE Design Surveys City of Orange Son Tran, PE for CIP projects Water Division 189 Water St,, Orange, CA 714. 288-2475 Kannyar Dlbaj Harbor Boulevard & Other City of Garden Grove 11222 Acacia Parkway Streets (3 miles) Garden Grove, CA 92842 714 741-5186 Santiago Canyon Road 0 City of Orange Paul Tran, PE and Cannon Street Critical Public Works 300 E. Chapman Ave., Orange, CA Intersection on 714-744-8653 On-Gall Easement City of Orange Ramona Takahashi Checking Water Division 189 Water St., Orange, CA -Redevelopment -61CY 714-288-2475 Anaheim of -Anaheim -Greg Hastings Agency: Excess Caltrans Redevelopment 200 S. Anaheim Blvd., Anaheim, CA 92805 Parcels JA enc lPianniflD_ 714-766-0100 Tustin & Meats Critical City of Orange Model Llanes, PE Intersection Public Works 300 E. Chapman Ave., Orange, CA 1!2 mile 714-7445535 Chapman & Prospect City of Orange Maild Farhat, PE Critical Intersection Public Works 300 E, Chapman Ave,, Orange, CA (1f4 mile) 714-744-4300 ext 5791 On-Call Plan Checking City of Tustin Katy Lee 300 Centennial Way, Tustin, CA 92780 and Map Checking Public Works 714 573-3177 BasanchUrY from Rose to Chile Johansen, PE Casa Loma City of Yorba Linda 4846 Casa Loma Avenue, Yorba Linda, CA (1-1/2 miles) Public Works 02886 714..951-7170 City of �Fullerton Ron Wallin, PE (retired) On-Call Plan Checking Engineering 303 W. Commonwealth, Fullerton, CA _PApaq�� 714-738-6962 City of Santa Ana John Gonzalez, Survayw__ Personal Reference Public Works 20 Civic Center Plaza, Santa Ana, CA 714 647.5682 Joseph G. Truxaw and Associates. Inc. Construction Surveying services Civil Engineers and Land Surveyors City of Santa Ana (114) 935-0265 Docornbar2t)13 25E-29 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after It has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability Insurance within ten (10) days (excluding Saturdays, Sundays end City's legal holidays), or the funds, check, draft, or proposers bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposers bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed, All terms contained in the specifications, tt a certification of nondiscrimination by contractors, and the required insurance certificates are to tie incarporatd by reference into this agreement and are made specifically as part of this RFP, Firm Joseph C. Signed and Printed Name: Title President Inc. Date 17 a AND 00 NOT CONTAIN City of Santa Ana - Public Works Agency Construction Surveying Services RFP Page 24 25E -30 EXHISIT F CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES CERTIFiCtA71ON OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, oardfies as follows: The oontrantor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take afftnnative notlon to ensure that appliocin s are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or natlonal origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondlsorirnination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or an behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargalning agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representalivea of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, 4. The contractor shall comply with all provisions of Cxecutive Order 11249 of September 24, 1956, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The contractor shall furnish ell information and reports required by Executive Order 11246 of September 24, 19$5, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliarwe with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted colcstruction /senress contracts In accordance with procedures authorized In Executive Order 11245 of September 24,1966,end such other sanctions may be Imposed and remedies invoked as provided In Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence Immediately preceding paragraph 1 and the provisions of paragraphs 'I through 71n every subcontract or purchase order unless exempted by rules, regulations, or orelers of the Secretary of Labor issued pursuant to Section 2174 of Executive Order 11248 of September 24, 106. so that such provisions will be bending upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that In the event the contractor becomes Involved in, or is threatened with, Iltigation by a subcontractor or vendor as a result of such direction by the edministering agency, the City of Santa Ana - Public Works Agency a Construction Surveying Services RFP Page 25 25E -31 contractor may request that the United States enter into such litiVatiunto protect the interests of the United & Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, nv discrimination shall bm made in the employment ,f persons because oY race. religious creed, color nat|onol ovIgin. ancestry, physical handicaps, mental condition, marital wtatum.n, Box nY such persons, except us provided io Section 142V. and any o8p tractor °iv|*ting\Nnaev0on|nuoWoot to all the pono�oximposed mr* violation n[ the ohopioc j /\ Joseph C. TroxiwmW Firm Signed and Printed Nome: Title President D"k` _-' i% ^ &^�� gr7pTaOMM Page 26 ����� � �������� EXHIBIT Q (REVISED) CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES RESPONSIBLE PROPOSER —SUPPLEMENTAL QUESTIONNAIRE 1. How many years has your organization been In business In California as a contractor under your present business name and license number? 3& sores If you performed same business under a different business name with some ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please oomplste an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? g__ 3,100,000-00 3. Is your firm currently the debtor In a bankruptcy case? El Yes Rr No if "yes," Indicate the case number, bankruptcy court, and the date on which the petition was filed• Cage Number Bankruptcy Court Data Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) U Yes 9 No if "yes," indicate the ease number, bankruptcy court, and the date on which the petition was riled, Cass Number Bankruptcy Court pate Filed 6. Has any California State License Beard license held by your firm or Its responsible managing em oyee er raaponoible managing office, been suspended within file fast five years? 0 Yoe aft NO 6. At any time in the last five years. has your firm boon assessed end paid liquidated damages attar completion of a project, under a services oontractwith either a pubilo or private owner? Q Yells VJ q No 7. Has your Ann ever defaulted on a contract? [l Yes Rr No If "yes," explain on a separate page. 8, In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? EJ Yes L No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. D. In the past Ave years, has any claim against your firm concerning your firm's work on a project, been filed In court or arbitration? D Yes {r No istruction Surveying Services f Page 27 (ADDENDUM N0.3) 25E -33 If "yes," on flseparate page Identify the dalm(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description Of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the post five years, has your firm made any claim against a project owner concerning work on a oJect or payment for a contract, and filed that claim in court or arbitration? El Yes ?i No If "yes," on a &operate page Identify the clolm(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed Against, a brief description of the nature of the claim, the court And case number, and a brief description Of the Status of the claim (pending or, ff resolved, a brief description of the resolution•) 11. At anytime during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against A performance or payment bond Issue on your firm's behalf In connection with a project, either public or private? 0 Y V No 12, In the last five years, has Any insurance carrier, for zany form of insurance, refused to renew the Insur nee policy for your firm? D Yes ff No 13. Has your firm or any of Its owners, officers, or partners ever been liable In a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to Any public agency, or entity? 0 Yes Qr No 14. I-Ici; your firm or any of Its Owners, officara or partners ever been convicted of A federal or state crime of fraud, theft, or any other act of dishonesty? 0 Yes VNo If "yes,' Identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performonoo and payment bond on Any projeot(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher then one percent, If you wish to do so, ........... ELA__ 16. During the lost five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of Urne when your firm had no surety bond In place during a project when one was required? 0 Yes No '17. Has Cal-OSI-A cited And assessed penalties Against the contractor or its associates for any "serious WIlful" or "repeat" violations of its safety or health regulations In the past five years? [] yes 9 N� (Note: if you have filed an appeal of A citation, and the Occupational Safety And Health Appeals Board has not yet ruled on your appeal, you need not include Information about It.) If "yes," on a separate page describe the cliations, the party against whom the citation was made, date of citation, nature of the violation, project on which the OitatlOri Was Issued, owner of the project, and the Amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Ilea the Federal Occupational Safety and Health Administration cited end assessed penalties again the contractor or Its associates In the past five years? We struction Surveying Services r Page 2s (ADDrNDUM NO. 3) 25E-34 (Note; if an appeal of the citation has been filed and the Appeals Board here not yet ruled, or there is a court appeal pending, you need not Include Information about the citation.) If `YOZ," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was Issued, owner of project, and the amount of penalty paid, if any, State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or Its associates have been penalized or required to pay back wages for failure to comply with the fe oral Davis -Bacon prevailing wage requirements? Eyes No If "yes,' on a separate page, describe the violator, nature of each violation, name or the project, date of Its completion, the public agency for which It was constructed, the number of employees who were Initially underpaid and the amount of backwages and penalties that were assessed. Page 29 (ADDEN15UIN NO. 8) 25E -35 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES NONCOLLUSION AFFIDAVIT NON - YOI.tUS�ON AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA in accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or Indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put In a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit Is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certificatiommay subject the certifier to criminal prosecution. V '.1 Signed A i4' State of Callfolcola, County of_ri V" Subscribed and sworn to (or firmed) before me on this day of S L L , 20 by appears before me. 1 L�.�I3L, proved to me on the basis of satisfactory evidence to be the person) who Wo Ic bb ig ure Notary Public Seal City of Santa Ana - Public; Works Agency ConStfnCllUn Surveying Services f2FP Page 30 25E -36 LRUHEN L6E MARTIN �" Bammisslnn # 1911598 ° am a Notary Public - calltomio L4 roaugo county M Comm Cgwos Nov t, 2614 a Notary Public Seal City of Santa Ana - Public; Works Agency ConStfnCllUn Surveying Services f2FP Page 30 25E -36 Exhibit 9 CERTIFICATE OF LIABILITY INSURANCE NATO Yi THIS CERTIFICATE i9 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO REGENTS UPON THE CERTIpIOFlT'E FIOI,DER, THIS CERTIFICATE DOFFS NOT AFFIRNIATNE4Y OR NEGATIVELY AMEND, EXTEND OR ALTER THE OOVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINU I1,18U.RER(S), AUTHORIY.N0 REPRESENTATIVE OR PRODUCER, AND Tf1E CERTIFICATE HOLDER. IMPORTANT; It kho aartiTkata Noiclar Is —on ADDI7'IONAI INSURED tho pol(cy(fos) must 4e ondorsod. it SUBROGATION 19 WANED, subloat to the corms and conditiona of the Policy, cartahr pollofos may roqulre an audoreemont. A ®hutment On this mirtiflcnte dose not confer rights to the certificate hofdor In Neu Station andonnoin" (sl• PrumucAR IOAIOA Insurance Services 130 Yantis, Suite 260 _ cotirngr NAMa: (nvc+tteNy�';. Allso Viejo, CA 02858 ....... .... .....�rnxiAt9asI..�A92gZ.s969_. PULL Y PN @' Los e ..._.. kBnlLrtpoaMae=. battytCNi�tG9itau .apnL.- --- -,- --. -__ �AUrOMOMIJIMAIDUTY —7 INeflaR19EAFigkplN6 GpVhMnaAlary • CA Li an$@ 919E07T9a _ inb4apRA: Rut 5 C C BD Y- 1T95� — JOSa M C. 7ruxaro and Associates, p Ina INSlntriia 285 S. Anita Mit 111 Orange GA b% igSt xguN¢nc .,., SOUND" E, 0oaignatod Insured Endl NCA20481019 COVERAGES CFRTIFICATF minvinFR• annnnnna tlM"vYaYhm M, Irnu,au. TI418 IS TO CERTIFY THAT TPIE POLICIES bW INSURAtiOE I.IBTL1) BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE MR THE POLICY PERI00 INDICATED, NOTWITNSTANOINO ANY AROUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIN OERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOR04P BY THE POLICIES DESCRIBED HEREIN IS S WECT 10 ALL 1'HE TERMS, EXCLUB19NSAND CONDITIONS CFSUCH POLIME`3. LIMITS SHOWN MAY HAVE BEEN DEDUCED BY PAIR CLANAOL _ 1 said anen _ —__.. __....._....... n I' �f+ TYPO aF IBYUNAl1aG Y XNEST 0 Y _ LMn9 flatilits A �OV COAL LIAe1LITY It ,s PSEC001259 1018112013 1003112D14 EACDOCCURREnCE b- 1000,000 COMMNRCIAI..CExElUU LL UILI Scheduled Al Endl PN, 6 11"— t6 1 800040 1 NPPOSISO010 .�3... uncgurm_neuu7 i . J CLAIM840ACL' [blj OCGUn MED EXF 4A Ya Pg . _... 19.00 ..- � -- Prtlf @NaiPRN s BaNlc@N _ Pd r ZL1:Sr.9D.�r Ip. uIY podatmed by Ica Insured PERMOV l.e AGVINJUBY s .. 1.000,000 are Exoludad .-..... "......._ N(LU "L.UiDPar°4bCY!gBtlQll gENERAL AGGREGATE 8 2,D90,D9B Gnh'4 AGGREGATE Los APPLIES POn PNG@UGT_G•GGMn�nPAatl $ '2,990,000 PULL Y PN @' Los e fl� �AUrOMOMIJIMAIDUTY —7 ✓ t P9A0a01480 19Y89r2913 1973112014 @ ^afR,'6aTiDI �« _ s 1 Do- qo0 J ANY AUTO - -Ali 0oaignatod Insured Endl NCA20481019 sen@YINAUrlYlvorpnmanY y ROI lEa AUTOeeIAO nu'ros 8 AUTOS AgUjTOS INQ60 Waiver riDUlnry tllanF WetVar IIgI11LY1MAUrtYlr'uurxlUnnll AMAGa ""'__... —___ HIRED AUTOS end @t Gf Ord r�pPRi2�l a {aPrimary /Non- ContdDuton, submtonlon Included In -__— .._.______.......... S Cavan @a@ FoIm OPPA3000311 .._,. A a Ion __�__„... A UNISIV�.C.91,.S.ySL U"Un@ f accUR PSE0901I la 10t01l2m8 .� 10/5118014 _ EACHOCCUNRr:Nr:e s 4004 OQ0f1 EXa69a LiAe CLA.... 6 FOIIOWIng Fmm Policy ANORCOA'IE 8 BE __I nq.TCNTI0N5 Lii Professional Professional bility — s A WCATTORSUGPoPSUBATIO ANDRMPIUYERSUA@ILITY R9W9091292 10/31/21'13 10(8i/20T4 erAru• MIN_ ANY PIiUPnYkttNUPARTN6RlG %aC4'NOR 01TISFISMFAiGER E%CUDED'+ �y'7 1110. WalVeroP $UhmBntiCfa ERd1sWCD9430&SAT34 CI. EACi {ACGIDaNT _. S _ I Una OP - .— t1 Inndnalry Yn NHV t aoeerbP Unbar E.6. DISEASE -EA EMPLOYES _....- _._._,._.� .......... .... $ J �......�.,.i,St4O 9i)P I tl P' A'IO b. .,«_ $.L. DI9CA$E•POLCY LIMIT A f,O09009 gn$nYllP9 1 NOP$NATIGNelLnn0.T1aN6lUa ICL$9 (A DUL NC ae ltly pp nanni aamar%a 6riupuh, {imam erynon la ranmra4l CerDNcate Holder Is an Additional Inured with raapect to Oonoral Liability (GL) and AVOISPblle Liability but only when required Uyy wrlCtan conUart Willi 1ho Inpumd prier Ie aR oaaurrenns Na pppr Cndoraomantt noted above. CH.1nGludea 8 Nomads GoMraclual @perntion of and LIl Silly per limitations in the SDOlnessOwners' Covers9e form. A Nlorksm' Compensallon Waivar ol'Subragation is included for as noted above the parson nr nP9pmzatlan rvempd In the 5chedUlo that one padles to a contract regoiring this EndoraamenL that is provided esntoot executed belemo (he lose, Coverdys so Jost ki 91 Q.tti� {le .,£910(i(I�Ii 111AIi0R8 pP <f BiCI613{j9 a9.�.BY..NdtlGv9.9.(.�„a.1L " ' r' r r jj" 0 V' 'o G G JOWR AJ901 Reference SHOULD ANY OP T14C ABOVE ORSORRIVO POLICIES Be CANCELLED BEFORE - For pRiposal Purposes- Note; Non- THU EXPIRATION DAT@ THEREOF, NOTICE WILL Be 9ELUEREB IN SpecIic termO SUCK as &penlE, Volunteers, ACCORDANCE WITH THE POLICY PROVISION$. subs diaries, representailves, successors and assigns, etc; cannot be Included. Only Aiiau5aNA6p nnNHINAUSTANYO "speoiffo entity„ names will appear. AVC AIlrin H. I ranr 01900-2040 ACORD CORPORATION. All rights resumed, ACORD 20 (2910(45) Tire AOORD name and 1000 01'0 rogistored marks of AOORO IAW1 OW, 'h'm, in /1011nl !I ;tlOzll AN 1n1� t of 25E -37 Policy Number P98V) D1258 Named Insured: Joseph C. Truxaw and Associates, Inc. RLl Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. .. f. • DESION PROFESSIONALS N �Cw ♦ � M _l��i_ ll_\ � This endorsement modifies insurance provided under the following: COVERAGE FORM -SECTION I I —LIABILITY Schedule Name of Person(s) or Organization(s): - For Proposal Purposes - Note: Non- specific terms such as agents, volunteers, subsidiaries, representatives, successors and 1. SECTION 11 C, Who Is An Insured is amended to Include as an additional Insured the person or organization shown in the schedule above, but only with respect to liability for "bodily Injury" "property damage" or 'personal and advertising injury" caused in whole or to part by you or those acting on your behalf, a. In the performance of your ongoing operations; b. In connection with promises owned by or rented to you; or c. in connection with "your work" and included within the "product - completed operations hazard", 2. The insurance provided to the additional Insured by this endorsement is limited as follows: a. This insurance does not apply to the rendering of or failure to render any "professional services ". b, This endorsement does not inoreesa any of the fhnits a( Insurance stated In O. Liability And Medical Expanses Limits of lnsarortm. 3. The following Is added to SECTION 111 11.2. Other Insurance — COMMON POLICY CONDITIONS -IABtLAPPLICABLE ONLY TO SECTION Il — However, if you specifically agree In a contract or agreeement that the insurance provided to an additional insured under this policy must apply on a FPS 313 06 10 primary basis, or a primary and non-contributory basis, this Insurance Is primary to other Insurance that Is avollable to such additional Insured which covers such additional insured as a named insured, and we will not share with that other Insurance, provided that: a. The "bodily Injury„ or "property damage" for which coverage is sought occurs after you have entered Into that contract or agreament; or b. The "personal and advertising Injury" for which coverage Is sought arises out of an offense committed after you have entered Into that contract or agreement. a. The following sadded to SECTION (11 K.2 Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS IBUT APPLICABLE 'To SECTION t- PROPERTY AND SECTION (t— LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily Injury ", "property damage" or "personal and advertising injury" arising act of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such parson or organization entered into by you before the "bodily Injury" or "property damage" occurs, or the "personal and advertising Injury" offense Is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. +curt messy i:n" +wWhota uomiv nH vagu z oe 5 25E -38 Pagel of 1 POLICY NUMBER: PSA0001069 COMMERCIAL AUTO CA 2040 1014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the fcllovtIng: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this andorsoment, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s) or organization(s) who are "insurads" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another date Is Indicated below. Narnsd insured: dasavtr C.'fruxaw and AesoGatea, Ins. EndarsumatrtEftecttveCtah3; 1013tl2013 SCHEDULE Name p Of ppp Parsonr(p5) Or Organization(s): sp cDl4 Trms axisli aas As ents;v a un�sere, su sadaar as, reprosenta9ves, successors and Information required to complete this Schedule if not shown above will be shown in the Declarations, Each person or organization shown In the Schedule Is an "Insured" for Covered Autos Liabiltty Coverage, but only to the extent that person or organizafron qualifies as an "Insured" under than Who Is An Insured provision contained in Paragraph A.I. of Section 11-- Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph A.2, of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 40 1013 0Insurance Services Office, Inc., 2011 Page 1 of 1 ixvc, many Tmu +O WUU . anyc A "e 9 25E -39 This endorsement modifies insurance provided Under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION 11 -" LIABILITY Coverage, Paragraph A.1, Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own Pity percent (50^x) or more of the business entity and the business entity is not separately insured for Euslneas Auto Overage. Coverage is extended up to a maximum of am hundred eighty (180) days following the acquisition or formation of the business entity. This provision dope not apply to any person or organization for which coverage Is excluded by endorsement. B. Employees As Insureds The following Is added to the ,SECTION It — LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: Any "employee" of yours Is on ' Insurad" while using a covered "auto" you dan"t own, hire or borrow In your business or your personal affairs. C. Blanket Additional insured The following is added to the SECTION 11 .. LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision: Any person or organization that you are required to Include as an additional Insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damaga' occurs Is an "Insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II µ LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and norroontributory basis to tine, additlorlal Insured's own business auto coverage If you are required to do so In a contractor agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV — BUSfNESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us', PPA 900 0t) I I (.Vo na., U., w /ta /Wl .,',"n/ s, rage a u[ s We waive any right of recovery we may have against any person or organization to the extent required or you by a contract executed prior to any "eccldent" or "loss", provided that the %ocldenf" or "loss" oriaes cut of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. Tile following is added to the SECTION It — LIABILITY 0OV9RAO9, Paragraph A.I. Who Is All Insured Provision: An "employee" of yours Is an 'Insured" winks operating an "auto" hired or rented under a contract or agreement In that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions Paragraph 5.1s. of the Other Insurance Condition In the BUSINESS AUTO CONDITIONS is deleted and replaced with the fallowing: b_ For Hired Auto Physical Damage Coverage, the following are deemed Is be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto"' hired or rented by your "employes" under a conirmot In that Individual "employee's" name, with yoUr permission, while performing duties related to the conduct of your business. However, any "auto" that la leased, hired, rented or borrowed with a driver is not a covered. "auto ". F. Follow Employee Coverage SECTION it — LIABILITY COVCKAGe, Exclusion 84 does not apply If you have workers compensation ineumnoe in -force covering all of your employees. G. Auto Loan Lease Gap Coverage 25E -40 SECTION III — PHYSICAL DAMAGE COVERAGE, C, Limit Of Insurance, is amended 4vy the addition of the following: In the event of a total "loss" to a covered "auto' shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", leas: Page 2 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4.84) NiAIVER OF OUR RIGHT TO RECOVER PROM OTHERS ENDORSEMRNT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce Our right against the person or organization nerved in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from tea.) You must maltil payroll records accurately segregating the remuneration or your employees while engaged in the work described in the Screws. The additional premium for this endorsement shall be ? Vo of the California workers' compensation premium otherwise due on such remuneration, Sollodute Person or Organization Job Description - For Proposal Purposes • Nate: Non- Jobs performed for any person or organization that you specific terms such as agents, volunteers, have agreed with in a written contrast to provide this subaldlariea, rpprasentatives, sucoasaors and agreement. Thte ondoremnsnt changes the Policy townich It Is attechod and Is offecllve of lho date (saved unless other✓rlsa stated. (The Informallon ])view Is rogphisf hnlywhsn Ihts endorsement is lashed eutlen rani to propnrailun of the Polley.) andwsencont Effective 1013112013 PwlcyNa PSWO001282 tannish Insolence company Joseph C. Truxaw and Associates, Inc. RLI Insurance Company Counterslgned By E ndorse nolnn No. OI U98 by ti's worsen' Compensation Insurance Ronne Bureau of ClI fmnla, Alt rights reserved, WA, .u"'/ Ti un 40/1 B /LPL1 11 .j 1� . 'x" 5 of i 25E -41 . err CERTIFICATE OF LIABILITY INSURANCE wsfamwor llyj - 101Y SR. THH_ THIS CORTIPIC ATE I8 t$BUEA AS A MATTER ON INFORMATION ONLY AND CgNFERe NO RIGHTS UPON THE CERTIFICATO HOLDER. Thlle CERTIFIOATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE APPORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSUROR(S), AUTHORIZED R IPRE$ENTATIVO OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTAN'Y; If the dads Lg�ale iolddr Id an ARDITIONAL INiiURED, Ilse pr5ltdyt as{ must 6d undarsgLl, If SURROOATION IS WAIVED, %m), t to the larval and conditions of the poltoy, certain Policies may require an endorsement A statement on this cadi0aato Rods not confer rights to the COHM11Cata holoar lYl Hour ofauch endOnsament a . `PNavoaca IOA insurance services -. _cnNTm2Tlimr_al.(9YC)_FlouyTian SO 0 Vantix, Suite 250. _._....._..._..._... AfseVleo,CA 42060 EricPB Via. A _Su0944,904.7R _�n�Nat;._a�$a9zs50 _ as AM aa;Lairydmn titreusn.a7m._......._ ...... .... ._............._...__..—_-- . _.. rNqunaalaAnpwgga{Nrn covannps, .... ruictl www,Mayss.4oln CA LICanaO f /OE6'Y769 ..,...1NSgACnn �..5'6.I.triSilCanng Cmm�arn INall ...,._,,.].;%9S5 aad tNNUnali9;,_, ,fC78E9pp11 jr. iY aHd ASSt3Clatae, Inc, __._.____ �_..._ ...... "_.j._. .............._._. 266 Suit OragAnita,2116897t OCdD sCA 02000 _....____,........._....._ -,---- ...._..._.._,__._�.... "__ INSURSR,U3__ w sRF CbVOIYA(ile$ CERTIPICATF�NUMROR: S g&in a7 REVISION NUM6FRs THIS IS TO CERTIFY THAT TEE POLICIES OP INSURANCE LISTED RELOW HAVE BEEN ISSRO'IO WW INSURED NAMED ABOVE FAR TEE POLICY PERIOD INCICKIED: NOTWITHSTANDIAIO ANY RROUIRBMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT RON RESPECT TO WHICH THIS CERTIFICATE, MAY BE ISSUED OR MAY PERTAIN, Ina INSURAN08 AFFORDED BY THE POLICIES DESCRIBER HEREIN IS SUBJECT TO ALL THE TERMS, C 9I SA DC F ONITIONSOrSUCHPOLIDIES,LIIMITS SHOWN MAY HAVE SEEN REDUCED HYPAIDCIA1Ma. TYlpppiNBdaAxea maac 0 _.. _... -.._ 2ULY NaNa pOCI.... . ,.. ... Lim CaNCBALLiAtl11,TIY 2AGn CCCURRENC2 "' 5 CgMMaRCRt CIiNL:firll LWU1LIrY 11 n�tl6..._.....-- Ee_,,acurronool ............... •.__... . -., _ _5 _ 92R9AN_N. a Abv 2WURY S �- -- .�,.._..._ � nEtilTr ihL AgGnenATE 8 GEN'L AGGREGATE LIMIT 'MPLIESPER. t'1w% PRODUVIO-CUMP14PAea .._....._ PomaY Loa„ AUWMDa1La AAA9ILntl -.. , rn I 1 pI L 11 " ^,I ANV AUTO AU. nwNED 804OVIEG .. __'I AUTO AUTUa POUILY INJURY Iran Ua,yu,e 8 - -- - g a4WLY INJUnY1PNruu+Ua,d1 INIaaO AxTOa _ nunri°uwN4n P� AMAGE s -."" 'UMana4WA LIAR nGUUIi EACHOC,CURRBNCE 5 .__..._..... _ .._..- ._.,....CWhiT•MWE a2G L_� aeTawTlaNa AGGROTE — _ g . __I Wana9RU COMPENeATRON ANe4MPLOYaRTMAe11,11Y yI��N ANY FRPRRIfiTPRNMRTNp {YRkECIITIVF r- OFPI4RRIMRMnER EXCLUDE' NfA 2M EAGN AOG!pENT — - "'- '- '- '- - -.__. 6 u lMaaUnlatyiR No {L...,.I II va, xonoba nndor n,L. n19EAtlEFA Eh4PLGYfiF 5 i °.L, OIaEAefi- PDLIVYIIMIT a D." IIRION OF 4P ATIONq UcIp A Prntdaslormi Liability Ciairio•made RDPtl0t123p 711312019 )782014 - 32,ODO,000 Per Claim 32,000,000 Aggregate aaaURIRTiPiI pF4PERAfIgt1811 .O4AY1Rad°4 @n141;C8 IAYaL11Aa4Tlp tei, Addlllusln°IimllJrlca3u11 &ieN It mOrueyaools eaq,nratl) Coverags subject to all policy forms, cond0ions, limitations and eseluafens 00 Day NOIEO Of Cause/ 10 Days for Nonpayment In O%Opiauce wish policy Provaslone. C IF C E OLDER ....,,-,:...,..,,,.: •— •�__._., k1,7 731 J`. JobfprolgOt R4targnod ,..,.,,.,_.....,:.,,- - For Proposal Purposes - Note: Non- al1gULU ANY OF THE AVOW INDOORISeO'POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL DE DELIVERER IN SpeDltlo. terms such as a a eats, Volunteers, ACCORDANCE WI7H THE POLICY PROVISIONS. subsidiaries, repreB$ntatives, successors and 8B81Nfl$I etc; cannot be Included. Only AOTO0n124o 116PR @5"7AlIVE '.. ;60110 fic entity" names will appear. ir+'/✓ry/� `7,,�,.'^� N11908- 2010ACORDOORPORATION. APTIghtarsaalved. ACORD 26 (2010195) The ACORD name and laOo are rcnglotorad TrmPoo of ACORO IAM tlutry Tmn 0 1111.Ll ),Irze rn PM,. 1 ne , 25E -42 Exhibit C — Rates CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals, I have examined the Scope of Services { Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may Impact work requests. I understand and agree that I am responsible for reporting any errors, emissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price • Pricing shall be based on an hourly cost for services described in Exhibit A. The required contract provisions need to include the California State Prevailing Wages (Federal "Payment of Predetermined Minimum Wage' applies only to fecleral-ald construction contracts). Prevailing wages will apply to services performed for land surveying, classification$ such as chief of party, instrumentman and chainmanlrodman. Fee must be Inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, Incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Joseph C, Truxaw and Associates, Inc, (714) 935-0265, Fu (714) 935-0106 LEGAL NAME OF COMPANY PHONE AN5 FAX 'NUMBERS 2455 S, Anita Drive, Suite I 11, Orange, CA 9283 BUS1NE$6TD—E)RE$S- APPLICABLE} 25E-43 EXHIBIT 2 25E -44 CONSULTANT AGREEMENT FOR CONSTRUCTION SURVEYING SERVICES WITH COAST SURVEYING, INC. THIS AGREEMENT made and entered into this 15th day of April, 2014 by and between Coast Surveying, 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 construction surveying 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 construction surveying services for City projects, on an on -call basis, as set forth in the City's Request for Proposals - Scope of Services dated November 4, 2013, attached hereto as Exhibit A, and the Consultant's Proposal, attached hereto as Exhibit B. All Exhibits to this Agreement are incorporated by this reference. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether 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, a royalty -free, nonexclusive, irrevocable license throughout the world 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 C. The total stun to be expended under this Agreement shall not exceed $250,000.00 during the initial two -year tern of this Agreement, b. The total sum to be expended under this Agreement shall not exceed 5250,000.00 during each of the subsequent one -year option periods. 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. Wmn ' l 4. TERM This Agreement shall commence on May 1, 2014 and terminate on June 30, 2016, unless terminated earlier in accordance with Section 13, below. The City Manager shall have the option to extend the term of this Agreement for up to two (2) additional one -year option periods, on the same terms and conditions set forth herein. 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, ajoint 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 which 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, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insumd(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 Compensatian 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: 25E -46 (i) Consultant shall maintain all insurance required above in fall 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 (3 0) 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. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the world ( including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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, 91 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. 25E -47 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 facsimile 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 Facsimile: 714 - 647 -6956 With courtesy copies to: Public Works Agency — Construction Engineering City of Santa Ana 20 Civic Center Plaza (M -22) Santa Ana, California 92702 Facsimile: 714.647 -5058 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714 - 647 -6515 To Consultant: Coast Surveying, Inc. Attn: Ruel del Castillo 15031 Parkway Loop, Suite B Tustin, California 92780 Facsimile: 714.918 -6277 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 terns 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. 25E -48 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 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 its 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 (ally, including reasonable costs and attorney's fees, far 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 fidly set forth in the body of this Agreement. 25E -49 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year First above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Ey:�c ` t1 Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director - P WA CITY OF SANTA ANA DAVID CAVAZOS City Manager COAST SURVEYING, INC. RUEL DEL CASTILLO President 25E -50 Exhibit /t— Request for Propouad — ScooeofSecvic,* DESCRIPTION AND SCOPE OF WORK The issuing thisAeqmest for Proposals (RFP) for Construction Surveying and Map Checking Services. |m general, the Consultant shall perform monument preservation and construction staking for various City projects on an as-needed basis. A California-licensed land surveyor shall be in responsible charge o[ all survey work performed under the contract, ThmCommo]taoteymn/icWnnha||incfude,bu1no{befirmtedto,Ubm0n||mm'mg: A. Research existing County and City records for survey monuments within the project area- B. Prior ha any clearing, removal, sr excavation efforts, perform a diligent search for property fine monuments, street centodinw monuments, and benchmarks within the project arwa, recording their identities and precise locations in reference to monuments or witness monuments that will not be disturbed during construction, The records of these monuments and references shall conform 0o Section QT71o[ the Business and Professions Code ofthe State mWCalifornia. After completion of the construction, any monument disturbed or removed during construction shall be reset conforming tm Section 8771, Emnbomobedin* intersection shall be drawn on a single Comer Record showing local fie points and tie distances, The Corner Records shaft bm drafted \m08ic,a+&mtiom (version 8nrewMieh, and a digka|copy of each mubmd&a1tw the City. � C, Provide construction staking for project improvements. Records of the line and grade stakes (cut sheets) shall be on forms provided hy the City, and the originals shall become the property of the City upon completion of each su miThwCity*N|pmm'idodigbu construction plans and specifications for each project The consultant shall furnish hard copies m{ plans for field personnel amneeded, Q� Set Fine d grade wtak*winacmnrdmnonwfilhthe plans and specifications, Notify the City immediately of any discrepancies or design errors discovered on the plans during staking or when wwrb/ing the line and grade of existing improvements mt join points. E, Complete the construction staking within the time frame specified om the Su Fba|uoot Fmmnor(�mmiaivn/^nnb xomwmcwthe staking mm later than two working �days from the receipt of the request, providing oonbnmwuoS service onti|the request iscomplete. F� Furnish all office support, Labor, materials, equipment, tools, and incidentals necessary in complete the mpeamd surveys. The costs for these items shall be included im the hourly nr lump sum costs and o* additional compensation will Wo allowed therefore, ���� ���U��� ��U G, Attend meetings with City's staff as required, Map Checking Services H. (/formation furnished by the City will be roughly as follows: 1set of Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans. |. Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act, and acceptance for J, Review title report and existing easements for correct plotting and references. K. Review improvement plans associated with Ilie project to ensure the Exhibits correctly identify the limits and location au shown *m the improvement plans. L Provide a set mf redline check prints showing the nndiinod comments, and required corrections and information, M. Provide a check letter covering the major required comments, and corrections and instruction for future submittals. K Provide admembwet with items L. and 0Y. above a& the end cfevery review. The tinuwshowt must include, but isnot limited to, project name, review number, dates, review hours, hourly rate, and total cost. (J, Provide survey services mm requested, Adetailed nf work will b outlined when specific project is assigned to the consultant- Services shall include, but are not limited to, cross-sections, intersection gilids, centedine determination, digital terrain models (Alm), right of way determination, utility profiles and exhibits. P' Generate a computer dnwwing inMimnatabmnVB format showing survey per the attached City of Santa Ana CADD Standards (Attachment B) as well as the sample survey drawing on the City of Santa Ana wmbsita listed m item @below: 0. All survey needs to be prepared to the satisfaction of the CiVs Senior Surveyor and meet the following standards: R. Horizontal control shall bo based onthe U983h|wrth American Datum (NAD83 bed toa minimum of two proximate County of Orange, CCS8J, Zone \/1,1991-5S Epoch Adjustment control points. Project coordinate values shall 6e provided imU,G, Survey Feet, The County control points shall determine the Basis uf Bearing for the project S. Vertical control shot be based mn the North American Vertical Datum mf1983(MAyD88),tied k>u minimum ef two proximate Cowmtyo# Orange bench marks- Project elevations shall bo provide inU.S. Survey FaoL T- Horizontal alignment(s) for the project shall be tied to the survey centerline monuments within the project area, ������ ������� U. With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required- V. Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, seating, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot. W. At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. X. All City CADD standards as well as fl icrostation configuration files are located at: Y. hftp:/Mww.santa-ana-org/pwa/EngineetingSeNices,asp IMPLEMENTATION A. City staff shall have the right to modify, reduce, or delete the services as needed by City. B. The term of the contract shall be for two (2) years which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last PERFORMANCE SCHEDULE X City staff will provide written request for quotes- The consultant will respond, in writing within 3 working days. The City can request tump sum or hourly rate qLWOS. The consultant shall provide backup documentation for all expenses upon City request. B. Upon approval and within 7 working days, the City shall issue the Notice to Proceed. Survey work shall begin within 2 working days from the receipt of the Survey Request Form. Map checking work shall begin as indicated on the Notice to Proceed. C. The City reserves the right to assess liquidated damages or terminate the contract. D. City staff shall have the fight to negotiate the terms of the quote, 25E-53 Exhibit B — Consultant's Proposal COAST SURVEYING, INC. 10031 EAR k a6Y- OOP SUITE B TUSTIN Coq. �J27$(46527 1714) 81$•8266 FAX (714) 918.6277 wewr coestsurvev com WA 19 '` t mo m Me " `a- ,' FOR CITY OF SANTA ANA I r i M t ,. + 25E -54 COASTSURVEYING, INC. 1 31 PARK P UITE.� TF15fiIN,,CA 977$ -652j (714197 $62�8 FAX I7iAT 31 $ -&277 v orn December 2, 2013 Carlos Castellanos, PE City of Santa Ana, Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mr. Castellanos: Coast Surveying, Inc. (Coast) Is very interested in continuing to provide surveying services to the City of Santa Ana. Coast has been providing professional surveying and mapping services throughout southern California since 1981 to many City, County, State, and Federal Agencies, local Transportation Authorities, as well as numerous private engineering companies. Key Factors for Coast Survevina. Inc.; 1. Coast has been in business in Orange County for 32 years, the first 6 years in Santa Ana. 2. Coast has 32 years of construction staking experience on public works projects In O.C. 3. Coast has been performing map checking services in O.C. for over 32 years. 4. Coast has been working for the City of Santa Ana since 1886, starting with a subdivision map checking contract. 5. Coast has been performing design surveys and construction staking under contract with the City of Santa Ana for the last two years. 6. Coast has always responded in a timely manner for the City of Santa Ana. 7, Coast currently has a contract with the County of Orange to provide subdivision map checking services, something we have been doing for them since 1881. Ruel del Castillo, PLS 4212, will be the Project Manager and the California Professional Land Surveyor in responsible charge of all survey work performed under this contract. Coast hereby guarantees that key personnel will be committed to perform the required tasks throughout the duration of this contract. If you have any questions or comments, please contact me directly by phone, fax or by e -mail at ruel.detcastillo@ to coaststirvey.corn. Thank you In advance for considering our firm. Very truly yours, NA Ldel Castillo, A.L.S. 4212 President P113.158 25E -55 v +� a 5 25E -56 G x C .1ST SURVCYiNG, INC. taos�wr aai. wavrcacr�sui •r.�lw"I�..tiaE.��Z997 Lr191s�A��6a EP3Sri7?LS19�ZZ WWN!COFIgI 811 NpM COMPANY PROFILE Coast Surveying, Inc. (Coast) was founded in 1981 in Santa Ana by Rues del Castillo, P.L.S. and Skip Touchon, P.L .S. as Coast Surveying and Mapping and was Incorporated on January 2, 1984. Mr. Touchon left the firm in 1090 to pursue his dreams in the Central Coast area and today, Coast is led by Mr. del Castilla. Coast currently has twelve employees, four of whom are Professional Land Surveyors licensed in California, Coast Surveying, Inc;. is a Certified DBE firm with LACMTA and Caltrans. Certificate attached. Coast has been providing professional surveying and mapping services, including centerilne ties, Corner Records, construction staking, design surveys, serial photogrammetric mapping, topographic surveys, hazmat surveys, legal descriptions, and right- of-way mapping, throughout southern California for the last 32 years to such governmental agencies as: Caitrans - Districts 5, 6, i, B, 9, 11 and 12; OCTA; RCTC; tv1TA; SCRRA; SBCAG; CFTC; TCA; counties of Orange, Los Angeles, Mariposa, Riverside, and San Bernardino; cities of Santa Ana, Irvine, Costa Mesa, Newport Beach, Carden Grove, Tustin, Seal Beach; U.S, Army Corps of Engineers; U.S. Navy; U.S. Ali, Force; FAA; BLM; Port of Long Beach; Port of Los Angeles; San Diego Unified Port District; State Architects Office; CA Department of General Services; CA Department of Water- Resources; and CA Department of Corrections, as well as numerous private engineering companies. t UIN f tJ.C1 ONTitACTS Coast Surveying, Inc. currently has the following on -call contracts: City of Santa Ana - Design Surveys and Construction Staking City of Santa Ana -- Might of Way Services City of Newport Beach - Surveying servicea Clty of Garden Grave -- Surveying Services City of Tustin -• Surveying Services City of Irvine - Surveying Services City of Pomona - Surveying Services County of Los Angeles -M Surveying Services County of Orange - hfap Checking Services MIaf T CI j t7r aANTA ANA �xPIaIINC� Numerous ,street Rehabilitation project$ for the City- design Surveys & Coast. Staking Santo Clara Av.1Llncoin to Spurgeon Sewer & Water Lines -- Design surveys & Coast. Staking Fifth Street /Jackson to Sullivan - Construction Staking Byer Road at SR -55 Freeway - Design Surveys Santa Ana 81vd, Grade Separation through AECOM -- Aerial, Design Survey & P/W SA -5 on Bristol St. N /C? Alton through Tetra Tech, Inc. - Design Survey & Ctenterilne First Street Bridge over Santa Ana Rfver through DMJM Harris - Aerial, Design Survey & W 25E -57 Bridge Rehabilitation through PBS &J (W. Koo & Assoc) — Design Surreys & PIW Defineatfon Parit Santiago Streets through DMJM Harris _ Design Surveys Wilshire Av„ Elder Av., & 13orchard Av. through DMJM Harris -- Aerial & Design Surveys Santiago Park Habitat Building through Tetra Tech, Inc. - Topographic Survey Fire Stations 4 & 8 through DMJM Harris _ Design Surveys Main Street, Warner Av. to eh St., through Tetra Tech, Inc. — Aerial &tapping, Design Survey, Centerline Determination, Centerline Ties, & Corner Records Thorton Park through DMJM Harris -- Design Surveys Santa Ana Civic Center Plaza through DMJM Harris — Design Surveys Subdivision Map Checking Services for the Cl#y of Santa Ana Design Surveys and Construction Stalling for the City of Santa Ana �_M See attached Exhibit D for references. STAER& — KEY Egg QNNEL PROJECT MANAGER Rust del Castillo has over 48 years of experience, the last 32 years with Coast, in managing both field and office operations for all phases of surveying and mapping services and was licensed as a Land Surveyor In California in 1975 as P.L.S. 4212, He has managed over 50 "on-call" contracts directly for, or In support of, many federal, state and local agencies Including the Cities of Santa Ana, Tustin, Garden Crova, Irvine, Newport Beach, and Seal Beach, the Counties of Orange, Los Angeles, San Bernardino, and Mariposa, the U,S. Forest Service, various U.S. Army Corps of Engineer Districts, the U.S. Navy . Southwest Dlvislcn and the Metropolitan Water District of Southern California (MWD). He has a "hands -on" working knowledge of various land surveying services Including final subdivision map checking, right -cf way mapping, preparation of legal descriptions, boundary surveys & analysis, GPS surveys, topographic surveys, utility location surveys, aerial photogrammetric mapping, large-scale aerial and geodetic control, construction staking, and monitoring quantities. For example, while working directly for the County of Orange, Mr, del Castillo was responsible for all boundary surveys, first -order & second -order vertical and horizontal control surveys, photogrammetric mapping, control surveys and canteriine surveys, In 1981, he established his own surveying company in Orange County, Coast Surveying, Inc. Over a 30 -year period with a staff of up to 40, his company completed hundreds of surveying projects In southern California, generating over $50M in fees. Mr. del Castillo serves as Coast's President and provides project management as well as contract administration for all major Coast contracts, Mr. del Castillo is licensed as a Professional Land Surveyor in the states of California, Arizona, Nevada, New Mexico, Colorado, Utah, Idaho and Washington, and is also a Certified Federal surveyor (CFed$). R JECT RUEYQLq,=„,CiFFiCE UFtYEY NIA_ Gwen dal Castillo has over thirty -seven years of surveying experience, the last 31 years with Coast, in southern California, was licensed as a Land Surveyor In California in 1982 as R L.S. 2 25E -58 5108, and has an AA degree in surveying from Santa Rosa College, Ms. del Castillo has had extensive experience in boundary analysis, preparation and checking of legal descriptions and maps, Corner Records, checking of final subdivision maps and Records of Surveys, research, as well as providing internal checking and duality control, Ms, del Castillo has also had extensive experience In field note reduction, calculations, preparation of as -built plans, and GIS database setup, input, review, analysis and output. Ms. del Castillo was responsible for the preparation and processing of centerline ties & Corner Records, as well as several Records of Survey. PRCiJECT St V YCe[$ PIELIS SaUV ( ANAGER Kon Kasbohm has over thirty-six years of surveying experience; the last 23 years with Coast, In the field and directing field crews in performing all types of surveying including vertical and horizontal control, photo control, GPS surveys, topographic surveys, design surveys, boundary surveys, right of way surveys, and construction layout. Mr. Kasbohm Is a Professional Land Surveyor In California since 1957 as P.L.S. 7377, has been a Certified Party Chief since 1885, and has been Hazmat trained since 1586. Mr. Kasbohm directs the work of the field crews, sets up the work for each crew, and has continued to work as a survey party chief as needed. During the last few years, he has been responsible for the preparation of numerous Records of Survey for MWI7 properties along the Colorado River Aqueduct. Ct7NSTF tUgTiyUTLA�11 „w. APRRC At g t Prior to the start of construction and after eonstruCtk)n has been completed, we will perform monument preservation services as noted above. Our general approach will be to review the construction plans, specifications and standard plans, compute the locations of all improvements to be staked prior to construction, mark removal limits, stake the locations of items to be constructed on an agreed upon offset (such as: slope staking; rough grade, fine grade, rock grade, andlor finished surface; curb, curb & gutter, and /or edge of pavement; drainage structures; storm drain lines and manholes; water lines, fire hydrants; sewer Fines and manholes; utilities, bridge structures; light poles; and signal poles), checking Into existing improvements as needed. We will work closely with the Resident Engineer and City staff to coordinate the construction staking operations, and report any issues to the Resident Engineer. We will rerystako Items only as directed by the Resident Engineer and keep separate track of those particular hours. SUBDIVISION MAP CHg!K„�N AREBQ6 _qH Our approach will be to review tentative maps, final maps, easement deeds and lot line adjustments using our detailed, working knowledge of the Subdivision Map Act, the Land Surveyor's Act, proper legal description preparation and map checking procedures utilized In the City of Santa Ana and the County of Orange for compliance with the Subdivision Map Act, the Land Surveyor's Act and the Conditions of Approval as set by the City staff, commissions and the City Council. 25E -59 We will work closely with the engineer /surveyor of record and City staff to process each final map, easement deed or lot line adjustment in a timely manner. We will also check and review map boundaries, title reports and deeds, lot closures, and, If requested, field check final monurnentation prior to release of bonds. In addition, we will review AutoCAD file submittals to see that they are complete and report to City staff. MIMI=, .« If requested, prior to the start of construction, we will research at the City and County for horizontal and vertical control, centerline ties, record maps, Corner Records, benchmarks, etc„ within the project area. We will then recover all the centerline monuments and related ties that may be disturbed during construction and set additional ties as necessary to perpetuate the monuments, prepare pre - construction Corner Records and process them with the Orange County Surveyor's Office. If requested, after construction, we will reset any missing centerline monuments and ties and prepare post - construction Corner Records and process them with the Orange County Surveyor's Office and deliver a copy to the City of Santa Ana as well as a MicroStation .dgn digital file for each tie sheet. All work will conform to Section 6771 of the land Surveyors Act. We will also continue the City of Santa Ana's practice of showing the history of the perpetuation of the monument on each Corner Record, C+ASC U�fNG. QUALITY AS„&URLWi2g,,f g LU YC(>NTR%),?P„ „NAyp SCHEDULE CONMOL Coast Surveying, Inc, will perform all work In a manner equal to or better than the standard of care for the Industry and will undergo Quality Assurance and quality Control. Quality Control checks will be made throughout the course of the project. From field surveys through the final completion and submittals, licensed land surveyors will perform independent reviews. Coast ties standard quality control procedures for all deliverable products and associated tasks. Coast employs proven Project Control Methods for both field surveys snd office work. These controls and methodology set the standards and guidelines to be used. Survey Manager and Key Personnel are "hands-on" type managers and will be Involved in thorough review at all stages of the project. Effective project management coupled with a rigorous quality assurance program is our proven approach to achieve the goals of each project. QA /QC will be supervised by the QA /QC Director, Calvin Yoshitake, PLS. ONCIC will be performed at ail stages of the planning and technical production. Some of the controls are: • Review of the Task Order and Work Plan. • Verifying control points. • Using digital levels for level circuits. • Closed traverses and level circuits. • Field notes on special facilities. • QA/QC; of the field data.. • QA(QC of the office production. • QA/QC of the final submittal to the client. 25E -60 Quality assurance begins with Project Delivery Planning, Technical standards and specifications, defining of deliverable items, and milestone schedules will be identified at the project planning stage. The following guidelines can be used as a general checklist for the main elements of any project work plan. Unless a specific plan Is required by the contract, at a minimum the following should be considered as appropriate quality assurance measures: • Detailed statement of work and scope of required services • Milestone Schedules, budgets and milestone points • Precise definition of required deliverables, contract standards, client imposed standards andlor Industry standards to be used: • The use of advanced technology • Tasks and responsibilities • Adherence to established Industry and professional standards • Forms and reporting documents that will be required • Compliance with client »mandated standards and deliverable requirements • Statements of safety procedures for fieldwork Three types of established standards should be considered for each project: Industry or discipline standards, Client- imposed standards, and our company standards. industry standards may be considered the minimum level of standards for a given project. These are the common standards used throughout the Industry or discipline and are generally based on liability and protection of the public. Client standards are those unique standards required by the client for the project, They may Include CADD standards, drafting styles and the level of confidence (sigma) required for the data. Our firm's standards are those developed our local conditions or in -house operations, These standards focus on client service, communication, reporting, documentation, and the use of advanced technology. During the project planning and start -up phase, Coast's Survey Manager will work with tite technical managers and office staff to select the checking program and review forms applicable to a particular project. They may add additional review forms and checking program Items that are unique for that project. On a specific project, the survey manager takes responsibility for the Implementation of a QA Program for the entire project, This Includes making sure that the project team has a clear understanding of the latest scope of work and contract conditions, and has the available staff and resources to perform quality work. The survey managers or project surveyors take responsibility for the detailed standards, checking, and reviews required. A major part of the assignment of tasks and responsibilities will be the management of the various team members and subcontractors Involved with this project. Management of these elements and insuring their compliance with the work plan, standards, schedule, budget and high quality results will be the major task of the survey manager. To insure quality and adherence to the project standards the survey manager will: 1. Provide a complete project briefing prior to commencement of any work. The briefing should include all staff and subcontractors assigned tasks on the project. 2. Provide all team members or subcontractors with a written work plan including a description of tasks, milestone schedules, budget anti specifications for the work involved. 3, Have the subcontractors transmit weekly situation reports to the project manager via e- mail. 25E -61 4. Manage all milestone events on an Individual basis, i.e„ the team members or subcontractors should not begin a new set of tasks until the milestone for the previous set of tasks has been met and accepted for quality and adherence to the stated project standards. Cast control is synonymous with qualified staff, technical excellence, quality assurance and good project management. For any assignment Coast will use the following: • Qualified, licensed professional surveyors who are In responsible charge of the work, and technical exports whose qualifications are specific to the task. • All work should be carried out under the direct supervision of a locally licensed land surveyor. • State -of- the -art survey equipment, survey software, desktop and notebook computers, communications equipment, and the Internet access for transmittal of data and reports. • Quality control provided at all phases of the work • Hands on survey, mapping, imagining, GIS, modeling and photographic supervision and project management. • Time and cost reporting accounting systems. These costs should be traced on a weekly basis, or on smaller projects back labor costs on a dally basis, • Coordination and communications are equally critical to quality and cost control, • Communications within the team should be conducted on a regular basis in person or via telephone, fax, and /or e -mall, Data files should. be transmitted on a daily basis to the project survey to be reviewed and archived. Client communications should be focused through the survey manager. IN AN EVENT AA ER „LJ 15 OFF SCHEOULIE All the above mentioned elements of QA/QC plan may not guarantee that a project will be on schedule. If the schedule is off schedule, this QAlQC plan will minimize the issues and corrections needed to bring the project back on schedule. Coast Surveying's approach to bring a project back on schedule at no additional cast to the client: 1, Early detection 2. Early communication to all concerned, including evaluation of corrective measures, which could include; a. Using edditional staff /resources b. Different methods c. Shortening the QA /QC final review time by adding another QA/QC manager, Coast has over the years, developed the project controls, methodology and Implementation methods necessary to give our client the surveying information requested safely, On-Budget and an- Schedule. Q'ChVgLUS ON Coast Surveying, Inc, is especially well suited to perform On -Gall Surveying services for the City of Santa Ana: • Project Manager, Ruel del Castillo, P.L.S. 4212, has over 48 years of surveying experience in Orange County, who has been licensed as a Professional Land Surveyor in California since 1975 and who has extensive experience In all aspects of land surveying, especially construction staking and Corner Records. 25E -62 • Office Survey Manager, Gwen clef Castwlo, P.1_,S. 5708, has prepared over 500 centerline ties & Corner Records in the last 5 years. • Field Survey Manager, Kerr Kasbohm, P.L.S. 7371, has over 35 years of construction staking experience, the last 20 years with coast. • Coast Surveying, Inc. has filed over 500 Corner Records during the last 5 years, with over half of those In Orange County. • Coast Surveying, Inc has over 32 years of experience In Orange County performing construction staking for roads, freeways, channels, bridges, water, sewer, storm drain, structures, parks, buildings, and utilities. • Our office Is less than ten minutes away from the Santa Ana City offices. • Approximately 96% of our work is performed for governmental agencies. • Coast has a history of pleasing our clients — over 85% of our work comes past clients. 100% of the work will be performed by a DOE Certified Firm, SURVEYING AND MAPPING IS OUR ONLY BUSINESS! Ccast hereby acknowledges receipt ofAddendums 1, 2, and 3, Please see attached full -slzed resumes for key staff, LAGMTA DBE Certificate, construction prnjacts experience, and Attachments D through H. Attachment C (Hourly Rate Sheet) is under separate cover. 25E -63 COAST SURVEYING, INC. i%UftRKWAY Lb &_,U,6L4U (YJ4181U-8268 EAAl((72a18. M www.00astsurve,v.com • Numerous Street Rehabilitation Projects in the City of Santa Ana for the City of Santa Ana. Over the last four years, work consisted of design surveys, computations, and construction staking for curbs, driveways, and roadway surface for numerous street rehabilitation areas throughout the City of Santa Ana. • Avenue H from 2Wh Street West to 26s" Street West in Lancaster for the City of Lancaster through Harris & Associates, Inc. Work consisted of construction staking for street and bridge widening over both State Route 14 and Amargoss Creek Channel. Also Included slope staking and final staking for freeway on /off ramps as well as staking for street widening. • Route 91 Freeway from 1.15 Freeway to McKinley Street in Corona for the Riverside County Transportation Commission, Work consisted of construction staking for freeway widening, addition of auxiliary lanes, retaining walls, and slope staking. • Bristol Street 11-405 Interchange in Costa Mesa, California for the City of Costa Mesa thru Kasler Corporation. Work consisted of construction staking for three new on -off ramps, bridge widening on Bristol Street over the 405 Freeway and widening of Bristol Street north and south of the freeway, • Route 241 Freeway (Foothill Corridor) - Portola Parkway to Lake Forest Drive In Lake Forest, California for the Transportation Corridor Agencies thru Ebenstsiner Co. Work consisted of construction staking of 1,7 mites of new freeway (Foothill Corridor) being constructed by the Orange County Transportation Corridor Agencies to Caltrans° specifications and standards; rough grade /slope stakes for both sides and centerline of freeway, eight ramps, access roadway, SCE line, and developer borrow sites; layout stakes for box culverts, R.C.P., pre -cast concrete drain lines, and drain inlets; finish grade offset stakes for both sides of eastbound and westbound roadways, centerline, eight ramps, Lake Forest Chive and Portola Parkway; layout stakes for overhead sign pole foundations; aerial photogrammetric mapping; offset stakes for settlement platforms; settlement plate monitoring; construction layout for six bridges consisting of bridge cone grade stakes for abutments, layout stakes for abutments and wingwails, edge of deck lines on soffit, edge of deck lines on overhang, and locate and grade three steel dowels per station on 25 feet stationing; staking for fence on right -of- way; topographic; surveys in field and produce contour mapping; prepare slope stake listing; monitor cracks in finished slopes; final monumentation; and vertical and horizontal control. 25E -64 Route 91 Freeway HOV - Route 55 to Riverside County Lint In Anahelm, & Yorba Linda, California for the California Private Transportation Corp, thru Klowit 31. The scope of work involved providing quality control /quality assurance verification surveys as needed for the construction of 10 miles of new privatized HOV toliways. The project included numerous retaining walls & soundwalls, median paving, bridge widening, major interchange redesign, detours, and all associated survey control - conventional and GP$. Route 110 Freeway - Gardena Blvd, to Redonda Beach Blvd, In Less Angeles, California for Caltrans - District 7. Work consisted of construction staking on the Harbor Freeway from 0.1 mile north of Gardena Boulevard to Redondo Beach Boulevard: marking 100 feet stations and B,C. and E.C. points along freeway shoulder and 1,00 feet stations along Redondo Beach Boulevard; marking rough cut line and grade for retalning wall and soundwail footings; marking various saw cut lines; staking for retaining walls, soundwalls, and drainage structures; cross-section existing cross streets and freeway shoulder areas for quantity calculations; and miscellaneous construction staking as required, San Joaquin Hills Transportation Corridor State Route 73) In Orange County, California for the Transportation Corridor Agencies, Work consisted of: preparation and /or review of legal descriptions and sketches, acreage calculations, and exhibits for various properties; preparation and revision of constraints maps; review preliminary title reports along with revisions or updates; provide fee credit acreage calculations and exhibit maps; reviewing final policies of title and policy binders for accuracy of descriptions; field reconnaissance with builders surveyor of all horizontal and vertical control monumentation; maintain primary control network; staking the perimeters of no- work or limited -work areas designated as amhaeologicai or biological resources; providing oversight verification surveys as directed by the Construction Engineering Manager (CEM) for bridges, structures, walls, drainage, slopes, and finished surfaces as needed for the construction of 20 miles of newtoilways. Route 5 /Route 55 Freeway Interchange with HOV Connectors In Tustin & Santa Ana, California for Caltrans - District 12 thru RSF Consultants, Work consisted of Design Surveys as constrvotlon project proceeds which could be topographic surveys, cross - sections, volume computations, utility locations, and other miscellaneous design surveys. Work also consisted of Right -of -Wray Surveys as follows: search for existing right -of -way monumentation on Route 5 and on Route 55, tie monuments to control, and tie monuments to be destroyed by construction to reference monuments; search for existing centerline and right -of -way monuments on cross - streets and on side streets, tie monuments to control, and tie monuments to be destroyed by construction to reference monuments; after construction, reset monuments destroyed by construction; after construction, set monuments at new right -of -way points of control; assist in preparation of post - construction Survey Control Maps; and perform any centorline or boundary surveys necessary for the preparation of Records of Surveys. 25E -65 of surveying and mapping services. He has managed 50 "On -Call' contracts directly for the suppor federal, state, and local agencies. These contracts include the Counties of Los Angeles and On U.S. Forest Service, various U.S. Army Corps of Engineer Districts, the U.S. Navy — Southwest and the Los Angeles County Metropolitan Water District (MWD). He has a "hands•on" working knowledge of various land surveying services, including Right -of -Way and boundary surveys and analysis, GPS surveys, topographic surveys, utility location surveys, large -scale aerial, and geodetic control and monitoring quantities. While working directly for the County of Orange, Mr, del Castillo was responsible for all boundary surveys, first order / second order vertical and horizontal control surveys, photogrammetric mapping, control surveys and centerline surveys. COAST SURVEYING, UNC, EXPERIENCE SCRRA on Orange County Service Expansion (60 Miles) & Grade Crossings thru J,L. Patterson & Assoc., as Survey Manager. Work performed included establishing control monuments every 5 miles, and photo control targets, aerial mapping, DTM and digital orthographic photography covering a 600 -foot wide swath along the entire project length, petalled topographic surreys were made under all over crossing structures and areas of proposed RR yards and maintenance facilities. Precise H & V location data along the track was obtained and horizontal alignment determined in areas of concern, On 53 grade crossings, performed work included construction control, topographic surveys, title reports and legal descriptions. Right-of-Way/Boundary surveys were also performed. All work completed on -time and on- budget, Metro, Major Projects as Survey Manager on: Airport Metro Connector through Connect LAX through Connect LAX (PB and $TV Joint Venture), The project is 3,500 acres of very complex and busy LAX. Work consisted of performing design surveys, aerial mapping, and Right -of -Way mapping. $374K in fees. Project is on- going. Downtown Los Angeles Streetcar Restoration through HDR, Inc. The project Is 3.8 miles long in the very dense and complex area of Downtown LA. Due to the hundreds of high rise buildings, Coast worked out an innovative flight plan to produce an extremely excellent aerial mapping product. Work consisted of performing control network, design surveys, aerial mapping, and Right -of -Way mapping. $105K in fees, Project is on- going. Interstate 710 North Segment Utility Study, LA County through MDR, Inc. The project is 8 miles long. Work consisted of performing design surveys, aerial mapping, and Right -of -Way mapping. $160K in fees. Project is ongoing. 25E -66 including vertical and horizontal control, COAST SURVEYING, INC. out. Mr. Kasbohm is a Professional since 1986. EXPERIENCE SCRRA Orange County Service Expansion (60 Miles) & Grade Crossings thru J.L. Patterson & Assoc., as Project Surveyor. Coast has and is providing surveying and mapping services under J. L. Patterson & Associates for SCRRA. This project begins at Fullerton Station and continues southerly miles to the San Diego County line, Fullerton to Atwood to Orange and various railroad yards. Work performed included establishing control monuments every 5 miles, and photo control targets, aerial mapping, DTM and digital orthographic photography covering a 600•foot wide swath along the entire project length. Detailed topographic surveys were made under all aver crossing structures and areas of proposed RR yards and maintenance facilities. Precise H & V location data along the track was obtained and horizontal alignment determined in areas of concern. On 53 grade crossings, performed work included construction control, topographic surveys, title reports and legal descriptions. Right -of- Way /Boundary surveys were also performed. $834K in fees. Reference: Tom Tappan, PE, VP of Rail, J.L, Patterson & Assoc. (562) 712.6127. All work is completed on -time and on- budget, Milliken Avenue Grade Separation at UPRR/Metrolink/Mission Boulevard in Ontario for the City of Ontario through Moffatt & Nichol, as Project Surveyor, Coast Surveying performed survey research, photo control, aerial photogrammebic mapping, design surveys, centerline surveys, and right of way delineation. $78K in fees. Reference: Keith Gillfillan, PE, Transportation Group Mgr, Moffatt & Nichol (562) 426 -9551. All work is completed on -time and on- budget. On-Call Surveying Services for the City of Santa Ana, as Project Surveyor. Work consisted of various on -call surveying services, including performing survey research, surveying, setting monuments and filing corner records. $43K in fees. Reference: John Gonzales, Public Works, City of Santa Ana (714) 647 -5033, (JMGonzales@santa•ana.org). All work is completed on -time and on- budget. 25E -67 COAST SURVEYING, INC. Interstate 5 / State Route 55 Interchange, as Project Surveyor. Provided surveys for RBF & Associates in support of their multi- million dollar, Caitrans 12 highway construction project. Control surveys and Right -of -Way surveys performed included: • GPS survey of primary control and prepared metric Record of Survey • Post - construction Survey Control and Survey Control Maps • Right -of -Way Survey and Record of Survey San Joaquin Hills Transportation Corridor, as Project Surveyor. Coast Surveying, Inc. was retained from 195211999 by the Transportatlon Corridor Agencies (TCA) to provide professional land surveying and Right -of -Way services for the San Joaquin Hills Transportation Corridor, State Route 73 Tall Road. Mrs. del Castillo was in charge of the Right-of-Way which consisted of: • Preparation and review of legal descriptions, acreage calculations and exhibits. • Preparation and revision of constraints maps, Review of preliminary title reports. Providing fee credit acreage calculations and exhibit maps. Reviewing final policies of title and policy binders. Preparation of utility easements SR-47 Freeway I Ocean Blvd to SR-103 (1 mile), as Project Surveyor. Coast Surveying, Inc. was retained in 2008 for CalTrans HQ Structures through HNTB to provide Construction Management Survey Support Services, Including locating the design survey of the roadways, utilities, bridge structure and details. Work also Involved hydrographie surveys of the Cerritos Channel. 25E -68 Surveying, Inc. He is highly skilled at performing topographic mapping, Right-of-Way surveys, boundary surveys, centerline surveys, control surveys, utility locations, and monumentation. He has worked on contracts directly for, or in support of, many federal, state and local agencies including the Counties of Los Angeles and Orange, the U.S. Forest Service, various U.S. Army Corps of Engineer Districts, the U.S. Navy - Southwest Division, and Caltrans Districts 5,8,7,8,9,11& 12. Mr. Darling is very knowledgeable of AutoCAD and MicroStation digital mapping requirements for numerous agencies in both English and Metric formats. He is also well versed in integrating field survey data files and photogrammetric mapping digital Files as well as converting fifes from AutoCAD to MfcroStation. Mr. Darling has a Bachelor of Science degree in Surveying from Purdue University. Mr. Darling is an expert in survey calculations and data manipulation, especially in MicroStation and AutoCAD digital formats. COAST SURVEYING, INC. EXPERIENCE State Route 551 interstate 5 Freeway Interchange in Orange County — GPS Control, right of way surveys, monumentation, Records of Surveys and Caltrans Monumentatlon Maps for Caltrans District 12, Corcoran State Prison In Corcoran, CA — Design surveys aerial mapping, boundary surveys, monumentation Record of Survey and legal descriptions for 25 square mile Phase ll expansion for CA Department of Corrections. State Route 91 Freeway from Magnolia Avenue In Riverside County to State Route 57 in Orange County — 24 mile long design survey for RCTC. March Air Force Base Realignment and Closure Program Utilities and Roads in Riverside -Photo control and aerial photogrammetric mapping, design surveys of existing roads ovate axistin utilities, and combine field surveys and aerial mapping for Sacramento District, Corps of Engineers. State Route 55 Freeway from State Route 22 to State Route 91 in Orange Count — vertical and horizontal control, GPS suroays, photo control, design surveys, utility surveyys right of way surveys and Caltrans Right of Way mapping for U81 San Joaquin Hills Transportation Corridor (State Route 73) from Jamboree Road to Interstate 5 Freeway in Orange County - Design surveys, legal descriptions and sketches, topographic map ing, and quality assurance surveys for freeway construction for 1pCA. Nicholas Canyon Beach Access Road In Malibu — Design surveys, photo control, and aerial mapping for the LA County Department of Public Works. Atlantic Avenue from Alondra Blvd, to McMillan Street in Compton — Design surveys and to ographic mapping for 1,2 miles of arterial highway for the LA Cpounly Department of Public Works. Golden Eagle Refinery Site Cleanup in Carson - As -built surveys prior to construction activities, topographic surveys, mapping and volume determinations for numerous excavation and stock pile areas as cleanup activities progressed for Earth Technology Corporation. 25E -69 vertical and horizontal control, photo control, GPS surveys, topographic surveys, design surveys, boundary surveys, right of way surveys, and construction layout. Mr. Reiter is a Certified Parry Chief and has been Hazmat trained since 1986. COAST SURVEYING, INC, EXPERIENCE METRO Major Projects, as Survey Party Chief on: Airport Metro Connector (LAX 54 sq. miles, aerial mapping, Right-of-Way, mapping, design tope. $374K in fees. Downtown Los Angeles Streetcar Restoration through HDR, Inc, The project is 3.8 miles long in the very dense and complex area of Downtown LA. Due to the hundreds of high rise Buildings, Coast worked out an Innovative flight plan to produce an extremely excellent aerial mapping product. Work consisted of performing control network, design surveys, aerial mapping, and Right -of -Way mapping. Union and Patsaouras Plaza Busway Station through STV, Inc. Work consisted of performing design surveys, aerial mapping, Right -of -Way mapping, property monumentatlon and Record of Survey, City of Ontario on Milliken Avenue Grade Separation at UPRR/Metrolink /Mission Boulevard through Moffatt Nichol, Engineers - Survey research, photo control, aerial photogrammetre mapping, design surveys, centerline surveys, and right of way delineation. SANBAG on Palm Avenue Grade Separation at BNSFIUPRR/Cajon Boulevard in San Bernardino through CH2M Hill — Survey research, photo control, aerial photogrammetdc mapping, design surveys, centerline surveys, and right of way delineation. SCRRA on Orange County Service Expansion (60 Miles) & Grade Crossings thm J.L. Patterson & Assoc., as Survey Party Chief. Coast has provided surveying and mapping services. Work performed included establishing control monuments every 5 miles, and photo control targets, aerial mapping, DTM and digital orthographic photography covering a 600 -foot wide swath along the entire project length. Detailed topographic surveys were made under all over crossing structures and areas of proposed RR yards and maintenance facilities. Precise H & V location data along the track was obtained and horizontal alignment determined In areas of concern. On 53 grade crossings, performed work included construction control, topographic surveys and Right -of- Way /Boundary surveys were also performed, 25E -70 Mr. McDermott has over 37 years of surveying experience in the field performing all types of surveying including vertical and horizontal control, photo control, GPS surveys, topographic surveys, design surveys, boundary surveys, right -of -way surveys, and construction Iayout.Mr. McDermott is a Party Chief with Local 12, {7peraiing Engineers. COAST SURVEYING, INC. EXPERIENCE 1• 405 / SR-101 Interchange in Los Angeles for Caitrans District 59, HQ Structures - Design surveys, locate retaining wall and locate bore holes. Riverside Drive Bridge over the Los Angeles River for the City of Los Angeles — Design surveys, bridge detail surveys and centerline surveys for bridge and viaduct replacement. Newport Center streets for the City of Newport Beach - Design surveys and centerline surveys for street reconstruction. Twintree Lane for the City of Garden Grove -- Construction staking for reconstruction of numerous curb returns. Avenue 19 Bridges over Arroyo Seca Channel for the City of Los Angeles - Design survey and centerline survey for bridge widening. Corona Del Mar Beach for the City of Newport Beach — Aerial photo control and design surveys for reconstruction of entrance area, parking lot, rest rooms, and snack bar areas. Part of Los Angeles Harbor Deepening Project for the Corps of Engineers, Los Angeles District — Aerial photo control and vertical control for tide gage verification, California Adventure in Anaheim for Disney Imagineoring — Quality control surveys and construction staking for now theme park at Disneyland. Pasadena Gold Line (Blueilne) for Los Angeles County Transportation Authority — Construction staking for now light rail line between downtown Los Angeles and Pasadena, Rio Hondo Channel for Corps of Engineers, Los Angeles District — Construction staking for raising levee, rip rap placement, and new access ramps. MWD on Lake Skinner Oxidation Retrofit Project, Lake Skinner — 20 acres of new and retrofit facilities of the Robert A. Skinner Filtration Plant. Work included construction management survey support, control survey, OA/QC survey, massive grading, extremely complex construction. 25E -71 COAST SURVEYING, INC. Airport Metro Connector through Connect LAX through Connect LAX (PS and STV Joint Venture) -2011 to present, as a Chainman. The project is 2 square miles of very complex and busy LAX. Work consisted of performing design surveys, aerial mapping, Right-of -Way mapping. Metro Downtown Los Angeles Streetcar Restoration through HDR, Inc, -2011 to present, as a Chainman, The project is 3.8 miles long in the very dense and complex area of Downtown LA. Due to the hundreds of high rise buildings, Work consisted of performing control network, design surveys, aerial mapping, and Right -of -Way mapping, Metro Interstate -716 North Segment Utility Study through HDR, Inc. -2012 to present, as a Chainman, The project is 8 miles long. Work consisted of performing design surveys, aerial mapping, Right -of -Way mapping. Metro Soundwalls- Package 2 through CH2M Hill -2012 to present, as a Chainman. The project was 5 miles long along the SR 170. Work consisted of performing control network, mobile scanning, pothole survey, aerial mapping and design surreys. 25E -72 Mmtrepalnan T9arispov4sion Aatiloriky on" Catawuy Plaza xrg.gan,xoao Tel Los Angeles, CA gool2.2932 metro.nat Metro CAI«) FORNIAUNIFIED CERTIFICATION PROGRAM _,_.._.... December 4, 2008 CUCP #2 128 Moira Pfie # 287 Ruel Del Castilla Coast Strrvsyfng, Inc. 15031 Parkway loop, Suite Tustin, CA 02780 RE: Disadvantaged Business Enterprise Corfificatlon Dear Mr. Dal Cssl111al We are pleased to advise you that after careful review of your applloation and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meats time aliglbility, standards to be certified as a Disadvantaged Business Enterprise (DBE) as required under the U.S, Department of Transportation (U.S. DOT) Regulation 49 CFR Part 25, as amended. Your DOE certification status will be honored by all of the U.S. DOT recipients in California. Your firm will be listed In the Calirornia Unified Certification Program (CUCP) database of certified DBEs under the following specific areas of expertise: N 9 Aal ascri,kian Size Starrdard 641970 Surveying and Mapping (except Geophysical) Servloss $4.6 Million Your DBE certification Is good for five years from the date of this Putter and applies Only for the above NAILS 2002 codas. Requests for additional or reAsod NAILS 2002 codes must be made In writing to Metro. After Ilia five-year certification period, your entire file will be reviewed In order to ascertain continued DBE certification status, Prior to your firm's DOE certification expiration date, Metro will send a letter to you requesting infarmallan naaaseary to aompiele this review. The Regulations also require annual updates during Oils five -year period. In order to assure continuing DBE, status, you must submit annually a DBE Declaration with supporting documentation, in the format that will be sent to you, Based on your annual submission that no change in ownership end control has occurred, or if changers have Occurred, they do not affect your firm's DBE standing, the DOE certification of Your firm will continue Lentil the five -year conifiaal(on has exp {red. Also, should any changed occur (bat could affect your..certfflcallon statue prior to receipt of the 03E Declaration, such as changes In your firm's nama,- tauainess /moping address, ownership, malfc9oment or control, or failure to moat the applicable business size standards or personal net worth standard, ptpasa notify Metro Immadistely. Your DOE certification is subject to review at any time, Failure to submit forms and/or change of information will be deemed as failure to cooperate under §26100 of the Regulations. Congratulations, and thank you for your Interest in the CUCP, Sincerely, ---- -- hirley Wong Certification Ropmaiimtstive n, we.. w,. werwrsr yra�iwa.,,w.n�rwv<..�.�gfwus,.r euuac .wnaw�cse.,rw+rs!, «m.,sv Small 9,411 CWfiueun unite oo, cst.n %ona. ma $top 44.1f5, ins AnSaixyfA 900Y$.'fj$e Phi 11d.osihin iimmj.%xI tlo 25E -73 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included In the scope of the proposal specifications. Attach additional pages if mgmiLrId, The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Description of supplies, equipment, or services provided: ft&Ai in , ��,yl r - ef ranee Customer Name: 07V64 MWftr f Address: e'l*4 cVN 7FA VA Yes lv AA7-AM Contract Amount: ILO-, -AV r@ Description of supplies, equipment, or services provided: Contact Individual: Phone Number; Facsimile Number:Iri Year: lA Contact Individual: 11 y Phone Number: City of Santa Ana - Public Works Agency Construction Surveying Services RPP Page 23 25E -74 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability Insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because ft is distinctly agreed that the proof of damages actually suffered by City Is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be Incorporated by reference into this agreement and are made specifically as part of this RFP. Signed and Printed Name: Title Date iy Surveying Services Page 24 25E -75 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin, Such action shall include, but not be limited to, the following: employment, upgrading, domotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of We nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state than all qualified applicants will receive consideration for amploymentwithout regard to race, color, religion, sex, or national origin. 1 The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall poet copies of the notice in conspicuous places available to employees and applicants for employment, 4. The contractor shall comply with all provisions of Executive Order 11 PAS of September 24, 1065, and of the rules, regulations, and relevant orders of the Secretary of tabor. 5, The contractorshall furnish all Information and reports required by Executive Order 11246 of September 24, 1365, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and Via Secretary of Labor for purposes of Investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the contractor's noncompliance with the nondiscrimination clausas of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or fecteraliy assisted oonstruction /services contracts In accordance with procedures authorized in Executive Order 11296 of September 24,1365,and such other sanctions may be imposed and remedies Involved as provided in Exeecutive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 In every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of Septamber24,1965, so that such provisions will be binding upon each subcontract or purchase order as the Administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that In the event the contractor becomes Involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the City of Santa Ana - Public Works Agency ..�..__.._..._. Construction Surveying Services RFP Page 25 25E -76 contractor may request that the United States enter Into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 State. 1039, and as amended, no discrimination shall be made In the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm E.VrTrJ Signed and Printed Title Date am City of Santa Ana • Public Works p Construction Surveying Services Page 26 25E -77 EXHIBIT 0 (REVISED) CITY OF SANTA ANA REQUEST FOR PROPOSAL. FOR CONSTRUCTION SURVEYING SERVICES RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 1. How many years has your organization been I bu in ass in Calif 'a s a ontractor under your present %�siness name and license number? A LeauVF.�%i13�StAPPIP4f 511 [vi iF 1 j°2 f U you performed same business under a different business name Stith same wnership and operation management and changed name due to, but of limited to, bankruptcy, loss; or license, please cam plate an additional and separate questionnaire, ja 2. What is your firm's average gross revenue for the last three years? $ J ✓ r ✓ 3, Is your firm currently the debtor In a bankruptcy case? : M'1 If "yes," indicate the case num bar, bankruptcy court, and the date on which the petition was filed, Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers onl to a bankruptcy action that was not described in answer to Question 2, above.) Yes [9 No If "yes," indicate the case num bar, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes 9 No 6, At any time in the last five years, has your firm been assessed and paid liquidated dame es after completion of a project, under a services contract with either a public or private owner? Yes 9 No 7, Flas your firm ever defaulted atr a contract? EJ Yes DA No If "yes." explain on a separate page, 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from biddin on, or completing, any government agency project for any reason? D Yes DJ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? �j Yes M No City of Santa Ana, Public Works Agency Construction Surveying Services RFP Page 27 (ADDENDUM N0. 3) 25E -78 If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim In court or arbitration? 0 Yes [K No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond Issued on your firm's behalf in connection with a project, either public or private? EJ Yes M No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? [j Yes 0 No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ■ 0s 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? El Yes M No If 'yes,' identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any lime during the last three years, state the percentage that your firm was required to pay. Yo''44 qqu�aay provide an explanation for a percentage rate higher than one percent, if you wish to do so. NEt3 % 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? © Yes K No 17, Has Cal -OSHA cited and assessed penalties against the contractor or Its associates for any "serious," Wilful' or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes g No (Note: If you have fled an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include Information about It.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAH decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? [] Yes a No City of Santa Are - Public Works Agency Construction Surveying Services RFP Page 28 (ADDENDUM NO. 8) 25E -79 (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there Is a court appeal pending, you need not include I nformatien about the citation.) If'yes," on a separate page desorlbe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued', owner of project, and the amount of penalty paid, if any. State the case number and date of any declsion. IS, During the last rive years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davls•Bscon prevailing wage requirements? ❑ Yes f4 No If 'yes," on a separate page, describe the violator, nature of each violation, name of the project, date of Its completion, the public agency for which It was constructed, the number of employees who were Initially underpaid and the amount of back wages end penalties that were assessed. Page 29 (ADDENDUM NO, 3) 25E -80 L�Kfflfflr l CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES NONCOLLUSION AFFIDAVIT NON - COLLUSION, AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and public Contract Code 7106 the proposer declares that the proposal Is not made In the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or Indirectly Induced or solicited any other proposer to put In a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put In a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone Interested In the proposed contract; that all statements contained In the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit Is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of oit"41 . Subscribed a Sworn to (or affirmed) before me on this day of t1�V , 20 , by "Ae 11 proved to me on the basis of satisfactory evidence to be the person(s) who fore me. Zf I NoublicSignature ii 900 D AST1L iD N COMM, # 196ms NOTARY MUC • CAMPORNIA ORANGe COUNTY d. () EXPIRES DEC. 16 2915 Notary Public Seal ILL Surveying Servicas Page 30 25E -81 Exhibit C — Rates CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR CONSTRUCTION SURVEYING SERVICES Certiflcati*n - I certify that I have read, understand and agree to the terms suit conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitatkin that may Impact work requests. I understand and ag ree that I am responsible for reporting any errors, ornissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price • Pricing shall be based on on hourly cost for services described in Exhibit A. The requi red contract provisions need to include the California State Prevailing Wages (Federal 'Payment of Predetermined Minimum Wage' applies only to federal-aid construction contracts). Prevailing wages will apply to services performed for land surveying, classifications such as chief of party, instrumentman and chainmanlrodman. Fee must be inclusive of all costs, including but not limited to, direct and indirect coats for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee In willing Now= rt --------------------------- FEDERAL ID NUMBER (IF APPLICABLE)' CONTRACTOK ICENSE NUMBER (IF APPLICABLE) THIS 1`90RRMM MUST 19,CitM1�PLETED AND, PROPOSALS THAT DO NOT CONTA THIS FORM 25E-82 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: SECOND AMENDMENT TO LEASE AGREEMENT WITH THE COUNTY OF ORANGE AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER /rL CITY MA&AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a second amendment to the Lease Agreement with the County of Orange for office space at the Santa Ana Regional Transportation Center, subject to nonsubstantive changes, approved by the City Manager and City Attorney. Approval of this recommended action will provide for a three -year extension of the agreement between the City and the County of Orange for office space at the Santa Ana Regional Transportation Center ( SARTC). Since 1997, the County has leased space at the SARTC for the CaIWORKs program. This state - mandated program assists welfare clients in finding employment. In February 2011, the City and County exercised the option to extend the lease from March 1, 2011, to February 28, 2014. As stipulated in the agreement, the lease remains in effect on a month -to -month basis pending approval of this amendment. The County has proposed a second amendment to the lease extending the term for three years, terminating on February 28, 2017. In addition, this agreement acknowledges an increase in square footage from 6,554 to 6,824, and monthly compensation of $10,404.90. Compensation to the City will be adjusted annually on March 1 in accordance with the Consumer Price Index. Staff recommends that the City exercise the second amendment of the lease agreement, effective March 1, 2014, and ending on February 28, 2017. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25F -1 Amendment to Lease Agreement with the County of Orange at SARTC April 15, 2014 Page 2 FISCAL IMPACT Funds received from the lease will be deposited into the Rental — County of Orange Revenue account (No, 06717002 - 53812). Edwin "William" G z, P.E. Interim Executive Director Public Works Agency WEG/GL Exhibit: 1. Second Amendment to Lease Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Vl✓r Executive Director Finance & Management Services Agency 25F -2 I GA 1213 -115 -2 2 SSA/Family Self Sufficiency 3 1000 E. Santa Ana Boulevard, Santa Ana 4 5 6 7 8 SECOND AMENDMENT TO LEASE 9 10 This Second Amendment to Lease ( "Second Amendment') is made 2014 11 ( "Effective Date "), by and between the CITY OF SANTA ANA (hereinafter referred to as 12 "LESSOR, "), and the COUNTY OF ORANGE, a political subdivision of the State of California 13 (hereinafter referred to as "COUNTY "), without regard to number and gender. 14 15 RECITALS 16 17 I. Pursuant to a lease dated December 16, 1997 ( "Lease "), LESSOR leases to COUNTY 6,554 18 s.f. on the second and third floors of the building located at 1000 E. Santa Ana Boulevard in 19 Santa Ana, California (the "Building "), which space is more particularly described on Exhibit 20 A and Exhibit B of the Lease. The original term of the Lease was five (5) years. 21 22 H. The Lease was amended on May 24, 2005 ( "First Amendment'), to extend the lease term 23 through February 29, 2008, and to provide for two (2) additional three (3) year options. 24 25 Ill. Pursuant to the terms of the First Amendment COUNTY exercised both of the three year 26 options and extended the term for six (6) additional years. 27 28 IV. The term of the Lease currently commenced on March 1, 1998 and will currently terminate on 29 February 28, 2014. 30 31 V. As a result of COUNTY no longer needing the space in Suite 220, and LESSOR reallocating 32 the common area space, the COUNTY and LESSOR have agreed to increase the leased 33 premises from 6,554 square feet to 6,824 square feet. 34 35 36 37 ES: 12 -16 -13 GA 1213 -115 -2 Second Amendment to Lease Exhibit 1 SSA/The Depot at Santa Ana 25F -3 I VI. COUNTY and LESSOR are also willing to further amend the Lease to, among other things, as 2 more fully set forth herein, extend the term for three (3) additional years through February 28, 3 2017. 4 5 NOW, THEREFORE, LESSOR and COUNTY hereby agree that effective March 1, 2014 to amend the 6 Lease as follows: 7 g A. Clause 2 PARKING (1.3 S) is deleted from the Lease in its entirety and the following clause is 9 substituted: 10 11 "2. PARKING (1.3 N) 12 13 Lessor shall, throughout the term of this Lease, provide free parking spaces for COUNTY's non - 14 exclusive use as needed by COUNTY for its occupation of the leased premises, said parking spaces 15 to be located in the parking structure and other areas shown on Exhibit B hereto. 16 17 In addition to said parking spaces, LESSOR shall also provide parking for disabled persons in 18 accordance with the Americans with Disabilities Act, Section 7102 of the California Uniform 19 Building Code and the applicable codes and/or ordinances relating to parking for disabled persons as 20 established by the local jurisdiction in which the Premises is located where the provisions of such 21 local codes and /or ordinances exceed or superseded the State requirements." 22 23 B. Clause 4. TERM (2.2 S) is deleted from the Lease in its entirety and the following clause is 24 substituted: 25 26 "4. TERM (2.2 S) 27 28 The term of this Lease shall be nineteen (19) years, commencing March 1, 1998, 29 ( "Commencement Date ") and terminating on February 28, 2017." 30 31 C. Clause 7. RENT ADJUSTMENT (3.3 S) is deleted from the Lease in its entirety and the following 32 clause is substituted: 33 34 7. RENT ADJUSTMENT (3.3B S) 35 36 COUNTY's monthly rent payments shall be subject to automatic adjustment as follows: 37 ES: 12 -16 -13 GA 1213 -115 -2 Second Amendment to Lease Page 2 SSA/The Depot at Santa Ana 25F -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 29 30 31 32 33 34 35 36 37 Year 2 4 8 11 13 15 17 Commencine March 1, 1999 March 1, 2001 June 1, 2005 March 1, 2008 March 1, 2010 March 1, 2012 March 1, 2014 Monthly Rental $7,411.36 $7,781.93 $8,560.13 $8,988.14 $9,437.55 $9,909.43 $10,404.90 Monthly Rent (S.F.) $1.13 $1.19 $1.31 $1.37 $1.44 $1.51 $1.52 Effective March 1 st of Year 18 (2015) and Year 19 (2016) the rent shall automatically be adjusted in proportion to the change in the Consumer Price Index for Los Angeles— Riverside- Orange County, CA (All Urban Consumers —All Items, 1982 84 = 100) promulgated by the Bureau of Labor Statistics of the U.S. Department of Labor or any replacement index thereto for the period of time between the commencement date of the lease term and the adjustment date. The increase or decrease shall be calculated by means of the following formula: Adjusted Rent = A x B C A = $7,307.10 B = Monthly index for the month of November prior to the month in which the rent increase is to become effective. C = 160.7 (Monthly index for November 1997) Notwithstanding the above, the Adjusted Rent shall not exceed 105% of the previous monthly rent. D. Exhibit A to the Lease is hereby deleted and Revised Exhibit A, entitled "Revised Description – Premises," attached hereto is substituted. E. Exhibit B to the Lease is hereby deleted and Revised Exhibit B, entitled "Revised Plot Plan - Premises," attached hereto is substituted. F. Clause 24. ATTACHMENTS (9.2 S) is deleted from the Lease and the following is substituted: "24. ATTACHMENTS (9.2 S) ES: 12 -16 -13 GA 1213 -115 -2 Second Amendment to Lease Page 3 SSA /The Depot at Santa Ana 25F -5 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 29 30 31 32 33 34 35 36 37 This Lease includes the following, which are attached hereto and made a part hereof: I. GENERAL CONDITIONS II. EXHIBITS A. Revised Description— Premises B. Revised Plot Plan - Premises C. Plans and Specifications D. Janitorial Specifications E. Rules and Regulations G. Wherever a conflict in the terms or conditions of this Second Amendment and the Lease as previously amended exists, the terms or conditions of this Second Amendment shall prevail. In all other respects, the terms and conditions of the Lease, as previously amended, not specifically changed by this Second Amendment shall remain in full force and effect. // ES: 12 -16 -13 Second Amendment to Lease Page 4 25F -6 GA 1213 -115 -2 SSA/The Depot at Santa Ana 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 IN WITNESS WHEREOF, the parties have executed this Second Amendment to Lease the day and year first above written. APPROVED AS TO FORM: LESSOR OFFICE OF COUNTY COUNSEL CITY OF SANTA ANA By Deputy RECOMMENDED FOR APPROVAL: SOCIAL SE.RVICESAGENCY BY Division Director of Administrative Services 10 Facilities Services Manager M David Cavazos, City Manager APPROVED AS TO CONTENT Edwin "William" Galvez, P,E. Interim Executive Director, Public Works Agency APPROVED AS TO FORM: City Attorney, Sonia R. Carvalho By "ATTEST" SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD per G.C. See. 25103, Resolution 79 -1535 By Maria D. Haizar Clerk of the Council COUNTY BY COUNTY OF ORANGE SUSAN NOVAK Clerk of the Board of Supervisors By Orange County, California Chair, Board of Supervisors ES: 12 -16 -13 GA 1213 -115 -2 Second Amendment. to Lease Page 5 SSA/The Depot at Santa Ana 25F -7 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 29 30 31 32 33 34 35 36 37 LEASE DESCRIPTION NO: GA 1213 -115 -2 DATE: 1/16/14 PROJECT: The Depot at Santa Ana - CalWORKS WRITTEN BY: ES the Premises referred to and shown as crosshatched on a plot plan marked Exhibit B, attached hereto made a part hereof, being that certain four (4) story building located at 1000 East Santa Ana Blvd., in City of Santa Ana, County of Orange, State of California, together with appurtenant right to use anon areas located thereon, and in common with others the non - exclusive right to use all parking ces in the parking structure located at the southwest corner of the property shown on Exhibit B. NOT TO BE RECORDED EXHIBIT A - REVISED DESCRIPTION - PREMISES ES: 12 -16 -13 Second Amendment to Lease Page 6 25F -8 GA 1213 -115 -2 SSA/The Depot at Santa Ana 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 29 30 31 32 33 34 35 36 37 North Location Map PARKING AREA Sycamore Ave. anta Ana Freeway Santa Ana Blvd Location Map Subject Site Rotunda located on the 4th & Premises consists of exclusive -use of office area and common area on the 3`d floor; and non - exclusive use of 4°i floor and 5d' floor conference rooms "Rotunda ". There is a 30% square foot allocation of the 46' (190sf) and 5 " (280sf) floor conference rooms to County. EXHIBIT B - REVISED PLOT PLAN - PREMISES ES: 12 -16 -13 Second Amendment to Lease Page 7 25F -9 GA 1213 -115 -2 SSA/The Depot at Santa Ana �! I r !# # l p # it ! �; ip, # r {; NI I dflit Yi [P 9 ri rf ' 9� 1 dd' {•�t If ';I I! 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Lj ! . : IT ». \ F.1 4 3\ a § . 2 \»- k) !!\§ a y : « | c |!` « . Lj ! . : IT ». \ F.1 4 . (- -� - - -� \ § ( \ -15 \ \ , | | : | | t § � � ! l| | | I. b |.!. •,,! / | lit )a§± �]!g&, ,\ i e# ■a» @■ Q m§ h d ,Q k E . (- -� - - -� \ § ( \ -15 \ \ , | | : | | t § � � ! l| \ 1 41 1j , | | | � ! l| | | I. b |.!. •,,! / | � § f | | � ! l| 1 �•' « §| |.!. •,,! 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JANITORIAL SPECIFICATIONS (113 S) It is the intent of this Exhibit to provide general guidelines for minimum janitorial service. Any absence of a specific janitorial service from this Exhibit does not relieve LESSOR of the obligation to provide such service should it become necessary. "Five- day - per - week" janitorial service as required in Clause 11 (REPARZ, MAINTENANCE AND JANITORIAL SERVICE) of this Lease, shall be inclusive of, but not limited to, the services as detailed below: OFFICE AREAS NIGHTLY: Monday through Friday, inclusive. (Holidays of the County of Orange excepted). 1. Empty and clean all waste receptacles, supply liners for waste receptacles, replace light bulbs and fluorescent tubes, remove waste materials from the Premises and wash receptacles as necessary. 2. Mop all uncarpeted areas. 3. Vacuum all carpeted areas in offices, lobby and corridors. 4. Hand -dust all office furniture, fixtures and all other horizontal surfaces. 5. Remove all finger marks and smudges from doors, door frames, around light switches, private entry glass and partitions. 6. Wash, clean and polish water fountain. 7. Spot clean carpet as necessary. 8. Clean sink and wipe down tables and counter areas in all break areas and coffee bars. 1, Wipe clean and polish aA metal and bright work. 2. Mop and polish all resilient flooring. 3. Dust in place all picture frames, charts, graphs, and similar wall hangings, 4. Spot -clean all wall marks. 5. Sweep all sidewalks and ramps. MONTHLY: 1. Dust all mini - blinds within the Premises. 1 Vacuum all HVAC vents, high moldings and other areas not reached by nightly or weekly cleaning. 3. Scrub and wax uncarpeted floors. SEMI- ANNUALLY: 1, Clean ceiling light diffusers. 2. Clean carpet in high traffic areas (corridors, near lunchroom,...etc) and other areas as needed. 3. Clean interior walls, as needed. 4. Strip and wax uncarpeted floors. ANNUALLY: Clean carpet throughout Premises. 1051.maa -75 1/7/97 l ..t: E 25F -16 Page l of 2 1 2 3 4 5 6 7' 8i 9 10 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 26 27 2s Go RESTROOMS NIGHTLY: 0 1. Clean and damp -mop floors. 2. Wash all mirrors, bright work and enameled surfaces, 3, Wash and sanitize all basins, bowls, urinals, and toilet seats, 4. Dust, clean, and wash where necessary, all partitions, tile walls, dispensers, and receptacles. 5. Empty and sanitize all receptacles and sanitary napkin disposals. 6. Provide materials and fill all toilet tissue, towel, seat cover, sanitary napkin, and soap dispensers. I � 1 1. Machine strip restroom floors and apply finish/sealer where applicable. 2. Wash all partitions, file walls, and enamel surfaces, 3. Vacuum all louvers, vents, and dust light fixtures. MISCELLANEOUS SERVICES 1, Maintain building lobby, corridors, and other public areas in a clean condition. 2. Parking lot is to be cleaned on a monthly basis. 3. All interior and exterior windows of the building are to be cleaned quarterly. 1051-mu -75 1!7/97 EXHIBIT D 25F -17 Page 2 of 2 RULES AND REGULATIONS FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER COUNTY will refer all contractors, contractor's representatives, and installation technicians rendering any service for COUNTY to LESSOR for LESSOR's supervision and/or approval before performance of any such contractual services. None of such work will be done by COUNTY without LESSOR's prior written approval, which approval shall not be unreasonably withheld. 2. No sign(s) of COUNTY, will be allowed in any form on the exterior of the building or on any window(s) inside or outside the building, and no sign(s) except in uniform location and uniform style fixed by LESSOR will be permitted in the public corridors or on corridor doors or entrances to the Premises. 3. COUNTY shall not place, install, or operate on the Premises or in any part of the building, any engine, stove, or machinery, or conduct mechanical operations or cook thereon or therein, except that the preparation of coffee, tea, hot chocolate or similar items for tenants and their employees shall be permitted. 4. LESSOR will not be responsible for any lost or stolen personal property, equipment, money, or jewelry from the Premises, or from public rooms regardless of whether such loss occurs when the area is locked against entry. 5. No birds or animals shall be brought onto the Premises. Any bicycles or vehicles brought onto the Premises shall be parked only in areas designed by LESSOR for such purpose, and shall under no circumstances be brought into the building. 6. No sidewalks, entrances, passages, courts, elevators, vestibules, stairways, corridors, or halls to any structures on the Premises shall be obstructed or used for any purpose other than ingress and egress, nor shall any rubbish, litter, trash, or material of any nature be placed, emptied, or thrown into these areas. The halls, passages, entrances, elevators, stairways, balconies, and roof of each structure are not for the use of the general public, and LESSOR shall in all cases retain the right to control or prevent access thereto by all persons whose presence (in the judgment of LESSOR) shall be prejudicial to the safety, character, reputation, or interests of the Premises and its tenants. No tenant (or subtenant, invitee, agent, or employee of any tenant) shall go upon the roof of any structure on the Premises without the prior written consent of LESSOR. EXHIBIT E 25F -18 Page 1 of 2 7. Any movement of office equipment or dispatch or receipt of merchandise which require the use of an elevator must be directed by LESSOR in a manner agreed upon between COUNTY and LESSOR. LESSOR shall have the right to determine and prescribe the weight and proper position of any unusually heavy equipment (including safes, large files, etc.) that is to be placed in the building, and only that which in the opinion of LESSOR might not with reasonable probability do damage to the floors, structure and/or elevator, may be moved into the building. Any damage occasioned in connection with the moving or installing of such aforementioned articles in the building or the existence of same in the building shall be repaired promptly by COUNTY at its own expense. The Premises shall not be used for lodging, sleeping, or cooking, or for any immoral or illegal purpose, or for any purpose that will damage the Premises or the reputation thereof. 9. COUNTY and its employees, agents, and invitees shall observe and comply with the driving and parking signs and markers on the Premises. 10. Plumbing fixtures and appliances shall be used only for purposes for which constructed, and no sweepings, rubbish, rags, or other unsuitable material shall be thrown or placed therein. Damage resulting to any such fixtures or appliances from misuse by COUNTY (or by any subtenant, employee, agent, or invitee of COUNTY) shall be promptly repaired be COUNTY, entirely at COUNTY's own expense. 11. All doors opening into public corridors in any structure on the Premises shall be kept closed, except when in use for ingress and egress. 12. LESSOR reserves the right to make such other and further rules and regulations as in its judgment may from time to time be needful for the safety, care, and cleanliness of the Premises, and for the preservation of good order thereon. W479 Page 2 of 2 25F -19 25F -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: AGREEMENTS FOR DIRECTV SPONSORSHIP FOR CITY PRODUCED EVENTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 an agreement with DIRECTV dealer MA Advance Services for $9,000 in sponsorship for City produced events, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with DIRECTV dealer Global Satellite for $9,000 in sponsorship for City produced events, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Revenues in the amount of $18,000 will be deposited into the Miscellaneous revenue account (no. 01102002 57010) for the 2014 Cinco de Mayo and Fiestas Patrias carnivals. DISCUSSION The City is directly producing many events in 2014. To help cover event production costs, various sponsorship opportunities are being solicited and secured. Two DIRECTV dealers, MA Advance Services and Global Satellite, offered the City a total of $18,000 in exchange for booth presence at Cinco de Mayo, Fiestas Patrias, Dia del Nino, and 4t" of July Celebration events. No selling of DIRECTV subscriptions will take place at the booths. Their purpose at the booths is to inform the public about DIRECTV services. As part of the sponsorship agreement, the DIRECTV dealers are requesting exclusivity as the only satellite TV provider at these 2014 events. Staff evaluated sponsorship opportunities with the satellite competitors and no other opportunities exist at this time. The level of sponsorship from DIRECTV is $2,000 higher than last year. 25G -1 Agreement for DIRECTV Sponsorship April 15, 2014 Page 2 FISCAL IMPACT Revenues in the amount of $18,000 will be deposited into the Miscellaneous revenue account (no. 01102002 57010) for the 2014 Cinco de Mayo and Fiestas Patrias carnivals. APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency / 25G -2 SPONSORSHIP AGREEMENT WITH DIRECTV DEALER GLOBAL SATELLITE _ THIS SPONSORSHIP AGREEMENT made and entered into this 15th day of April, 2014 by and between Global Satellite, a DirecTV dealer (hereinafter "Sponsor "), 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 is directly producing many events throughout 2014, and desires to retain a sponsor for such events. B. Sponsor represents that it is able and willing to provide sponsorship for the events. C. In undertaking the performance of this Agreement, Sponsor represents that it is knowledgeable in its field and that any services performed by Sponsor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in such 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. SPONSOR OBLIGATIONS Sponsor shall provide the satellite company sponsorship for the following City events: Cinco de Mayo event (2 booths), Dia del Nino (1 booth), Fourth of July (I booth at Centennial Park) and Fiestas Patrias (2 booths) (collectively "the Events "). No selling of DirccTV subscriptions will take place at the booths. The purpose of such booths is to inform the public attending the Events about DireeTV services. 2. SPONSORSHIP FEE For its participation as a Sponsor for the Events, Sponsor shall pay to the City a sponsorship fee of Nine Thousand Dollars ($9,000.00). The sponsorship fee is payable by Sponsor to City upon execution of this Agreement. 3. TERM This Agreement shall commence on the date stated above and continue through the last day of the Events, unless terminated as otherwise provided in this Agreement. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Sponsor shall, during the entire tern 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 Sponsor performs the services which are the subject matter of this Agreement; however, the services to be 25G -3 provided by Sponsor shall be provided in a manner consistent with all applicable standards and - regulations governing such services. Sponsor 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, Sponsor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below; a. Commercial General Liability Insurance. Sponsor shall maintain commercial general liability insurance which 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 Sponsor'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, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and non - contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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, Sponsor, if Sponsor 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, Sponsor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Sponsor pursuant to this section: (i) Sponsor shall maintain all insurance required above in fall 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. 25G -4 e. If Sponsor 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. Sponsor's right to be paid for its time and materials expended prior to notification of termination. Sponsor 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 To the fullest extent permitted by law, Sponsor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities; costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Sponsor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Sponsor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Sponsor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Sponsor. 7. CONFIDENTIALITY If Sponsor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Sponsor agrees that it shall not use or disclose such information except in the performance of this Agreement, and fiirther 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 Sponsor disclosed in a publicly available source; (c) is in rightful possession of the Sponsor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Sponsor without reference to information disclosed by the City. 25G -5 8. CONFLICT OF INTEREST CLAUSE Sponsor 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 facsimile 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 Facsimile: 714 - 647 -6956 Copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -75) Santa Ana, California 92702 Facsimile: 714 -571 -4221 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714 -647 -6515 To Sponsor: Global Satellite Attn: Luis Fernandez 24913 Magic Mountain Pkwy., #1027 Valencia, CA 91355 Phone: 888 -881 -8413/ FAX: 888 -881 -8416 /Cell: 661 - 233 -5654 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 facsimile, 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. 25G -6 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Sponsor, 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 Sponsor. 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 Sponsor 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 Sponsor, Sponsor 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 Sponsors retained by City. 12. TERMINATION Either party may terminate this Agreement with thirty (3 0) days written notice to the other party. In the event the City terminates this Agreement, City shall refund pro rata share of the Sponsorship Fee received from Sponsor based upon number of Events cancelled. If Sponsor terminates this Agreement, City shall be entitled to retain the total Sponsorship Fee paid by Sponsor and to seek another sponsor. 13. DISCRIMINATION Sponsor 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. Sponsor 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 Sponsor 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. Sponsor shall notify the City 25G -7 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. -- 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 Sponsorship Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ig c.-� Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager SPONSOR: Global Satellite Luis Fernandez Title: 25G -8 25G -9 SPONSORSHIP AGREEMENT WITH DIRECTV DEALER MA ADVANCED SERVICES, -LLC THIS SPONSORSHIP AGREEMENT made and entered into this 15 °i day of April, 2014 by and between MA Advanced Services, LLC, a DirecTV dealer (hereinafter "Sponsor"), 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 is directly producing many events throughout 2014, and desires to retain a sponsor for such events. B. Sponsor represents that it is able and willing to provide sponsorship for the events. C. In undertaking the performance of this Agreement, Sponsor represents that it is knowledgeable in its field and that any services performed by Sponsor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in such 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. SPONSOR OBLIGATIONS Sponsor shall provide the satellite company sponsorship for the following City events: Cinco de Mayo event (2 booths), Dia del Nino (1 booth), Fourth of July (1 booth at Centennial Park) and Fiestas Patrias (2 booths) (collectively "the Events "). No selling of DirecTV subscriptions will take place at the booths. The purpose of such booths is to inform the public attending the Events about DirecTV services. 2. SPONSORSHIP FEE For its participation as a Sponsor for the Events, Sponsor shall pay to the City a sponsorship fee of Nine Thousand Dollars ($9,000.00). The sponsorship fee is payable by Sponsor to City upon execution of this Agreement. 3. TERM This Agreement shall commence on the date stated above and continue through the last day of the Events, unless terminated as otherwise provided in this Agreement. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Sponsor 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 Sponsor performs the services which are the subject matter of this Agreement; however, the services to be 25G -10 provided by Sponsor shall be provided in a manner consistent with all applicable standards and - -- regulations governing such services. Sponsor 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, Sponsor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Sponsor shall maintain commercial general liability insurance which 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 Sponsor'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, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and non- contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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. e. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Sponsor, if Sponsor 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, Sponsor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Sponsor pursuant to this section: (i) Sponsor 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. 25G -11 e. If Sponsor 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 Sponsor's right to be paid for its time and materials expended prior to notification of termination, Sponsor 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 To the fullest extent permitted by law, Sponsor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Sponsor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Sponsor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Sponsor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Sponsor. 7. CONFIDENTIALITY If Sponsor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Sponsor agrees that it shall not use or disclose such information except in the perfornance 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 Sponsor disclosed in a publicly available source; (c) is in rightful possession of the Sponsor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Sponsor without reference to information disclosed by the City. 25G -12 8. CONFLICT OF INTEREST CLAUSE Sponsor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any mariner 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 facsimile 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 Facsimile: 714 -647 -6956 Copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -75) Santa Ana, California 92702 Facsimile: 714-571-4221 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714- 647 -6515 To Sponsor: MA Advanced Services, LLC Attn: Angel Contreras 7215 Owenstnouth Ave. Canoga Park, CA 91303 Phone: 877 - 317 -9413/ FAX: 877 -317 -9414 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 facsimile, 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. 25G -13 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Sponsor, 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 Sponsor. 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 Sponsor 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 Sponsor, Sponsor 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 Sponsors retained by City. 12. TERMINATION Either party may terminate this Agreement with thirty (30) days written notice to the other party. In the event the City terminates this Agreement, City shall refund pro rata share of the Sponsorship Fee received from Sponsor based upon number of Events cancelled. If Sponsor terminates this Agreement, City shall be entitled to retain the total Sponsorship Fee paid by Sponsor and to seek another sponsor. 13. DISCRIMINATION Sponsor 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.- Sponsor 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 Sponsor 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. Sponsor shall notify the City 25G -14 immediately and in writing of its inability to obtain or maintain suchpennits, 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 hereiribelow has the power, authority and tight 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 Sponsorship Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:A r -y Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager SPONSOR: MA Advanced Services, LLC Angel Contreras Title: 25G -15 25G -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: RESOLUTIONS AND RELATED DOCUMENTS REQUIRED TO SUBMIT TO VOTERS AT THE NOVEMBER 4, 2014 MUNICIPAL ELECTION: AN ORDINANCE MODERNIZING THE UTILITY USERS'TAX CITY MANAGER 10 1WRA►1�7rT_C«il CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On January 21, 2014, the City Council unanimously voted to direct the City Manager and staff to prepare the required resolutions, documents, and guidelines necessary to proceed with a ballot measure to modernize the Utility Users' Tax (UUT), including, but not limited to, all of the following: a) a resolution giving notice of the City's General Municipal Election to be held in the City of Santa Ana on November 4, 2014 for the submission of questions to the voters relating to changes in the City's UUT; b) a resolution containing the ballot question and related proposed UUT ordinance; c) a resolution authorizing Councilmembers to file written arguments for or against the amendments; d) guidelines for preparation of arguments for or against the proposed amendments; e) all other documents required to proceed with the UUT modernization. DISCUSSION The City of Santa Ana currently receives approximately $24 million in UUT revenue which constitutes the third largest revenue source for the City. The UUT is applied to four categories: electricity, telephone, water, and gas. Electricity represents 44% ($10.5 million) of the total revenue received while telephone represents 37% ($9 million), with water and gas at 11% ($2.6 million) and 8% ($1.9 million) respectively. In 1975, the City adopted the UUT to support public safety efforts. Currently the UUT is applied to electricity, gas, telephone and water utilities at the rate of 6 percent. In addition, the tax places a maximum UUT cap of $11,000 on total UUT remittances by a single service user. 50A -1 Resolutions and Other Required Documents to Submit To Voters at the November 4, 2014 Election April 15, 2014 Page 2 In recent years, there have been substantial changes in communication technology and how the industry charges for these services. Telephone service users who may have had a traditional landline telephone may now use new electronic communication technologies (Telecom), such as VOIP (Voice Over Internet Protocol) and prepaid wireless. Where previously charges were based on time and distance, they may now be bundled or use a prepaid format. It is currently estimated that on a statewide basis up to 25% of individuals use prepaid wireless services. In Santa Ana, the estimated percentage is 40 %. In order to ensure proper inclusion of language to capture a changing legislative and technological environment, City staff surveyed all California UUT ballot measures /initiatives from 2006 to present. In addition, staff worked with Muniservices to review the various initiatives in order to capture modern ordinance language. From survey data, it was apparent that all the prominent categories included expanding the UUT language to address the modernization of local agency UUT ordinances. A survey of California UUT rates was also conducted and indicated that rates range from 1% to 11 %. However, the average rate statewide is 5.5 %. As such, staff is recommending a reduction of the City's Utility User Tax rate from 6% to 5.5 %. All thirty nine cities that expanded the UUT language and provided a rate reduction in their ballot initiative were adopted by their electorate. This request for City Council action will initiate the process to modernize the City's UUT, and protect and ensure ongoing receipt of UUT revenue. The recommended ordinance has been developed so that it: (1) is consistent with best practices that have been recommended and adopted by voters in other jurisdictions, (2) is consistent with current law and proposed Federal and State legislation, (3) reflects the continuing evolution of Telecom from telephone service to telecommunications service; and (4) protects a revenue source that is vital in providing much needed programs and services to the Santa Ana community. In addition to the initiative reducing the UUT rate from the current level of 6% to 5.5 %, the proposed UUT ordinance also eliminates the maximum tax cap of $11,000. The cap has not been raised since 2003 and is currently out of date. Most cities do not impose a maximum tax cap. It is estimated that the combined modernization and reduction will result in a revenue neutral impact to the City in FY 2014 -15. The recommended actions comply with California Election Code requirements regarding adoption of certain resolutions to call the election and place the proposed question to the City's voters. FISCAL IMPACT The County Registrar of Voters office has estimated that the additional cost of adding a ballot measure to the City's consolidated general municipal election would be approximately $15,000 based on current voter registration in the City. Funds for these administrative costs will be available in the 2014 -15 fiscal year budget in the Clerk of the Council Other Agency Services Account (no. 01107031- 62300). 50A -2 Resolutions and Other Required Documents to Submit To Voters at the November 4, 2014 Election April 15, 2014 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency y II W J y' 1 I RESOLUTION GIVING NOTICE OF ELECTION y 1 RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 4, 2014 FOR SUBMISSION TO THE VOTERS OF A BALLOT MEASURE RELATING TO UTILITY USERS TAX AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE'S GENERAL ELECTION 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. A general election of the City of Santa Ana will be held on November 4, 2014, for the purpose of voting on a ballot measures relating to Utility Users Tax. B. There will be a statewide general election held on November 4, 2014. C. It is desirable that said general election of the City of Santa Ana be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and election officers be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. Section 2. That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order the consolidation of the November 4, 2014 general election of the City of Santa Ana for the purpose of voting on a ballot measure relating to Utility User Tax with the statewide general election to be held on the same date. Section 3. The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said general municipal election pursuant to Section 10411 of the Elections Code of the State of California. Section 4. The City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. 50A -6 Resolution NoPage 1 4xof2 Section 5. The Clerk of the Council is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Orange and a certified copy of this resolution with the Registrar of Voters of the County of Orange. Section 6. 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 , 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney BV: Jose Sandoval, Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 -XXX Page 2 of 2 50A -7 Maria D. Huizar, Clerk of the Council RESOLUTION CONTAING THE BALLOT QUESTION y 1 m • RESOLUTION N0, 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE TO BE PLACED ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 FOR SUBMISSION TO THE VOTERS OF A PROPOSED ORDINANCE TO UPDATE AND MODERNIZE THE CITY'S UTILITY USERS TAX AS IT RELATES TO TELECOMMUNICATIONS AND REDUCING THE TAX AS IT RELATES TO ALL UTILITY USERS TAX CHARGES; AND DIRECTING THE CITY ATTORNEY TO DRAFT AN IMPARTIAL ANALYSIS WHEREAS, pursuant to Sections 35 -155, 35 -156, 35 -157 and 35 -159 of the Santa Ana Municipal Code, the City currently levies a Utility Users Tax ( "UUT ") at the rate of six (6) percent of all charges made for telephone, electricity, gas and water services; and WHEREAS, if approved by the voters, the proposed ordinance modernizing and reducing the UUT across the board to the rate of five and one -half (5 1/2) percent of all charges made for telecommunication, electricity, gas and water services would be on par with the State average and will help ensure stability in budget planning and reduce the risk of legal challenges; and WHEREAS, the UUT is a general tax which funds the City general fund. The general fund pays for essential City services such as police protection, fire and paramedic services, street operations and maintenance, library services, parks and recreation services and general municipal services to the public; and WHEREAS, the City of Santa Ana has already taken a variety of measures to reduce spending, including avoiding filling vacant positions, implementing furlough days for City employees, closing City facilities on certain days, and reducing services, and whereas further reductions in spending will have real and noticeable impacts on public safety, the quality of life enjoyed by Santa Ana residents, and Santa Ana's attractiveness as a place to live, work and do business; and WHEREAS, the City currently receives approximately $24 million per year in UUT, approximately $9 million which is generated solely from telephone communication services, and such revenues are critical to the public welfare and the City's financial ability to provide essential municipal services; and Resolution No. 2014 -XXX Page 1 of 5 m • y WHEREAS, several lawsuits have been filed in other jurisdictions challenging the application of the JUT to certain telephone /telecommunication services as a result of outdated ordinance definitions or references to outdated federal laws; and WHEREAS, the different rulings in these cases has caused some ambiguity in the City's application of its UUT to telephone and other telecommunications services which could result in the elimination of 37% or more of the City's UUT revenue, amounting to over $9 million of loss general fund revenue per year; and WHEREAS, a number of telephone companies are applying the City's UUT inconsistently due to outdated definitions and legal uncertainty, exposing the City to refund claims and legal challenges regarding inconsistent application of the City's telephone communications tax; and WHEREAS, without immediate voter approval of the City's telephone communications UUT, the City will increase its exposure to claims for refunds on the City telephone communications UUT that could adversely affect its budget; and WHEREAS, without immediate voter approval of the City's telephone communications UUT, the City's budget could be vulnerable to serious financial shortfalls due to adverse court rulings (existing and /or imminent) regarding the City's telephone communications UUT that cannot be covered by current City reserves or by readily available alternative revenue sources; and WHEREAS, such financial shortfalls may force the reduction of essential municipal services, which will endanger the health, safety and general welfare of the City and its citizens; and there is a need to amend the UUT in order to maintain funding for City services at existing levels for the health, safety and general welfare of the citizens of the City; and WHEREAS, the City desires reasonable certainty in the collection and receipt of its UUT and budgetary planning; consistent application of its telephone communications UUT; and the elimination of current risks associated with its existing telephone communications UUT: and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be approved by a majority vote of the voters; and WHEREAS, the amendments proposed may be characterized as an imposition or extension of the UUT under Proposition 218; and WHEREAS, Proposition 218 permits the City Council to call an election to impose, increase or extend a general tax; and Resolution No. 2014 -XXX Page 2 of 5 50A -10 WHEREAS, as described above, modernization of the telephone communications UUT will have a positive effect on the health, safety and general welfare of the citizens of the City by eradicating all ambiguities related to the telephone communications UUT. WHEREAS, based on all of the information presented at the April 15, 2014 meeting of the City Council, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) and 15378 (b), subdivisions (2) and (4), this tax does not constitute a project under CEQA and therefore review under CEQA is not required. NOW, THEREFORE, the City Council of the City of Santa Ana hereby finds, determines and declares as follows that: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2. Submission of Ordinance. Pursuant to Government Code Section 53724 and any other applicable requirements of laws of the State of California, the City Council hereby orders the following proposed ordinance to be submitted to the voters of the City of Santa Ana at the general municipal election to be held on November 4, 2014: "Shall the ordinance reducing and reforming the utility users YES tax for telephone, electricity, gas and water services from six (6) percent to five and one -half (5 1/2) percent be adopted ?" NO Section 3. Text of Ordinance. The full text of the proposed ordinance to be submitted to the voters is attached as Exhibit 1 (the "Ordinance ") hereto and shall be made available to the public upon request. If a simple majority of the qualified voters voting on the Measure vote in favor therefore, the Measure shall be deemed adopted upon the City Council's declaration of the results of the election and effective 10 days thereafter. Section 4. Conduct of Election. The Clerk of the Council is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. Resolution No. 2014 -XXX Page 3 of 5 50A -11 Section 5. Notice of Election. Notice of time and place of holding the election is hereby given, and the Clerk of the Council is authorized, instructed and directed to five further or additional notice of the election, in time, form and manner as required by law. Section 6. Impartial Analysis. Pursuant to Elections Code section 9280, the City Council hereby directs the Clerk of the Council to transmit a copy of the ordinance to the City Attorney. The City Attorney shall prepare an impartial analysis of the ordinance, not to exceed 500 words in length, showing the effect of the ordinance on the existing law and the operation of the ordinance, and transmit such impartial analysis to the Clerk of the Council within ten (10) days following the adoption of this Resolution. Section 7. Certification. 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 , 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney M Jose Sandoval, Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: Resolution No. 2014 -XXX Page 4 of 5 50A -12 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 50A -13 Maria D. Huizar, Clerk of the Council Resolution No. 2014 -XXX Page 5 of 5 RESOLUTION AUTHORIZING CITY COUNCIL MEMBERS TO SUBMIT ARGUMENTS 50A -14 RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CITY COUNCIL MEMBERS TO SUBMIT WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED ORDINANCE TO UPDATE AND MODERNIZE THE CITY'S UTILITY USERS TAX WHICH IS TO BE PLACED ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 WHEREAS, California Elections Code Section 9282 authorizes the filing of written arguments for or against City measures, and Elections Code Section 9287 establishes priorities for filing written arguments in favor of and against City measures; and WHEREAS, on April 15, 2014, the City Council adopted Resolution No. 2014- - authorizing the calling and placement on the ballot a proposed ordinance modernizing and reducing the UUT across the board to the rate of five and one -half (5 1/2) percent of all charges made for telecommunication, electricity, gas and water services to be submitted to the electors at the November 4, 2014 general municipal election; and WHEREAS, the City Council desires to authorize the filing of written arguments for and /or against the adoption of the following ballot measure proposing amendments to the Santa Ana City Municipal Code by the Mayor and /or other members of the City Council in accordance with Elections Code section 9282(b): "Shall the ordinance reducing and reforming the utility users tax YES for telephone, electricity, gas and water services from six (6) percent to five and one -half (5 1/2) percent be adopted ?" NO NOW, THEREFORE, the City Council of the City of Santa Ana hereby finds, determines and declares as follows that: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2. Authorization to Submit Arguments. Section 9282(b) of the Elections Code of the State of California provides that in a local election, the legislative body may authorize any member(s) of the City Council to write arguments for or against Resolution No. 2014 -XXX Page 1 of 3 50A -15 any measure placed on the ballot by the City Council. The City Council hereby authorizes the Mayor and /or City Council members to prepare and file written arguments in favor of or against the proposed ordinance described above Section 3. Authors. That, in accordance with Section 9283 of the Elections Code, the printed names and signatures of not more than five authors shall appear with any argument submitted in accordance with this resolution. Section 4. Argument not exceed 300 words. That, in accordance with Section 9282(c) of the Elections Code, any written argument in favor of or against the proposed ordinance described above shall not exceed 300 words. Section 5. City Council Preference and Priority. The City Council hereby authorizes and directs the Clerk of the Council to give preference and priority to any written argument for or against the City ordinance set forth above that includes a member or members of the City Council (up to five members), and then to other arguments as set forth in California Elections Code section 9287. Section 6. Deadline for Arguments. In accordance with California Elections Code section 9286(b), the deadline for filing with the City Clerk (and changing or withdrawing) arguments for or against the proposed ordinance described above shall be not later than 5:00 p.m. on April 29, 2014. Section 7. Certification. 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 , 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney In Jose Sandoval, Chief Assistant City Attorney Resolution No. 2014 -XXX Page 2 of 3 50A -16 Miguel A. Pulido Mayor AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 50A -17 Maria D. Huizar, Clerk of the Council Resolution No. 2014 -XXX Page 3 of 3 ORDINANCE FOR VOTER CONSIDERATION 50A -18 Exhibit A ORDINANCE NO. NS -XXX AN ORDINANCE OF THE PEOPLE OF SANTA ANA MODERNIZING THE TELECOMMUNICATIONS UTILITY USERS TAX AND REDUCING THE UTILITY USERS TAX RATE FOR TELECOMMUNICATIONS, ELECTRICITY, GAS AND WATER FROM 6% TO 5'/2 % THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION 1: Section 35 -151 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 35 -151. Short title. This article shall be known as the "Utility Users Tax Ordinance of the City of Santa Ana." The word "ordinance ", "code" or "article" as used in this article shall mean the "Utility Users Tax Ordinance" unless otherwise so indicated. SECTION 2: Section 35 -152 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 35 -152. Purpose. This article is required for the purpose of fixing the rate of taxation for the utility users' tax, and for the purpose of providing a tax levy for the usual and current expenses of the City of Santa Ana. SECTION 3: Section 35 -153 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 35 -153, Definitions. The following words and phrases whenever used in this article shall be construed as defined in this section, unless otherwise indicated. (a) "Ancillary telecommunication services" means services that are associated with or incidental to the provision, use or enjoyment of telecommunications services, including but not limited to the following services: Ordinance No. NS -XXX Page 1 of 11 50A -19 (1) "Conference bridging service" means an ancillary service that links two (2) or more participants of an audio or video conference call and may include the provision of a telephone number. Conference bridging service does not include the telecommunications services used to reach the conference bridge. (2) "Detailed telecommunications billing service" means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement. (3) "Directory assistance" means an ancillary service of providing telephone number information, and /or address information. (4) "Vertical service" means an ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services. (5) "Voice mail service" means an ancillary service that enables the customer to store, send or receive recorded messages. Voice mail service does not include any vertical services that the customer may be required to have in order to utilize the voice mail service. (b) "Billing address" shall mean the mailing address of the service user where the service supplier submits invoices or bills for payment by the customer. (c) "City" shall mean the City of Santa Ana. (d) "Day" shall mean a calendar day. (e) "Gas" shall mean natural or manufactured gas or any alternate hydrocarbon fuel that may be substituted therefore. (f) "Mobile telecommunications service" shall mean commercial mobile radio service, as defined in Section 20.3 of Title 47 of the Code of Federal Regulations and as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124) and the regulations thereunder. (g) "Month" shall mean a calendar month. (h) "Non- utility service supplier" means: (1) a service supplier, other than a supplier of electric distribution services to all or a significant portion of the city, which generates electricity for sale to others, and shall include but is not limited to any publicly -owned electric utility, investor -owned utility, cogenerator, distributed generation provider, exempt wholesale generator (15 U.S.C. Section 79z -5a), municipal utility district, federal power marketing agency, electric rural cooperative, or other supplier or seller of electricity; Resolution No. 2014 -XXX Page 2 of 11 50A -20 (2) an electric service provider (ESP), electricity broker, marketer, aggregator, pool operator, or other electricity supplier other than a provider of electric distribution services to all or a significant portion of the city, which sells or supplies electricity or supplemental services to electricity users within the city; and (3) a gas service supplier, aggregator, marketer or broker, other than a supplier of gas distribution services to all or a significant portion of the city, which sells or supplies gas or supplemental services to gas users within the city. (i) "Paging service" means a "telecommunications service" that provides transmission of coded radio signals for the purpose of activating specific pagers; such transmissions may include messages and /or sounds. Q) "Person" shall mean, without limitation, any natural individual, firm, trust, common law trust, estate, partnership of any kind, association, syndicate, club, joint stock company, joint venture, limited liability company, corporation (including foreign, domestic, and non - profit), joint power agency, municipal district or municipal corporation (other than the city), cooperative, receiver, trustee, guardian, or other representative appointed by order of any court. (k) "Place of primary use" means the street address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. (1) "Post -paid telecommunication service" means the telecommunication service obtained by making a payment on a communication -by- communication basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a service number which is not associated with the origination or termination of the telecommunication service. (m) "Prepaid telecommunication service" (including prepaid mobile telecommunication service) shall mean the right to access telecommunication services, which must be paid for in advance and which enables the origination of communications using an access number or authorization code, whether manually or electronically dialed. (n) "Private telecommunication service" means a telecommunication service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels. A communications channel is a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points (i. e., the location where the customer either inputs or receives the communications). Ordinance No. NS -XXX Page 3 of 11 50A -21 (o) "Service address" means the residential street address or the business street address of the service user. For a telecommunication service user, "service address" means either: (1) The location of the service user's telecommunication equipment from which the telecommunication originates or terminates, regardless of where the telecommunication is billed or paid; or, (2) If the location in subsection (1) of this definition is unknown (e.g., mobile telecommunications service or VoIP service), the service address means the location of the service user's place of primary use. (3) For prepaid telecommunication service, "service address" means the point of sale of the services where the point of sale is within the city, or if unknown, the known address of the service user (e.g., billing address or location associated with the service number), which locations shall be presumed to be the place of primary use. (p) "Service supplier" shall mean any entity or person, including the city that provides, sells, or resells a utility service to a user of such service within the city. (q) "Service user" shall mean a person required to pay a tax imposed under the provisions of this article. (r) "State" shall mean the State of California. (s) "Streamlined Sales and Use Tax Agreement" means the multi -state agreement commonly known and referred to as the Streamlined Sales and Use Tax Agreement, as it is amended from time to time. (t) "Tax administrator" shall mean the Finance Director, or his or her designee. (u) "Telecommunications service" means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, whatever the technology used. The term "telecommunications services" includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such services are referred to as voice over internet protocol (VoIP) services or are classified by the Federal Communications Commission as enhanced or value added, and includes video and /or data services that are functionally integrated with "telecommunication services." "Telecommunications services" include, but are not limited to the following services, regardless of the manner or basis on which such services are calculated or billed: ancillary telecommunication services; intrastate, interstate, and international telecommunication services; mobile telecommunications service; prepaid telecommunication service; post -paid telecommunication service; private telecommunication service; paging service; 800 service (or any other toll -free numbers designated by the Federal Communications Commission); 900 service (or any other similar numbers designated by the Federal Communications Commission for services whereby subscribers who call in to pre- recorded or live service). The term "telecommunication services" shall include, but is not limited to, charges for: Resolution No. 2014 -XXX Page 4 of 11 50A -22 connection, reconnection, termination, movement, or change of telecommunication services; late payment fees; detailed billing; central office and custom calling features (including but not limited to call waiting, call forwarding, caller identification and three -way calling); voice mail and other messaging services; directory assistance; access and line charges; universal service charges; regulatory or administrative fees, charges or surcharges, including charges or surcharges for programs imposed by state or federal law (whether such charges or surcharges are imposed on the service supplier or the customer); local number portability charges; and text and instant messaging. "Telecommunication services" shall not include digital downloads that are not "ancillary telecommunication services," such as music, ringtones, games, and similar digital products. (v) "VolP (Voice Over Internet Protocol)" means the digital process of making and receiving real -time voice transmissions over any Internet Protocol network. (w) "800 Service" means a "telecommunications service" that allows a caller to dial a toll -free number without incurring a charge for the call. The service is typically marketed under the name "800," "855," "866," "877," and "888" toll -free calling, and any subsequent numbers designated by the Federal Communications Commission. (x) "900 Service" means an inbound toll "telecommunications service" purchased by a subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded announcement or live service. "900 service" does not include the charge for: collection services provided by the seller of the "telecommunications services" to the subscriber, or service or product sold by the subscriber to the subscriber's customer. The service is typically marketed under the name "900" service, and any subsequent numbers designated by the Federal Communications Commission. SECTION 4: Section 35 -155 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 35 -155. Telecommunication Users' Tax. (a) There is hereby imposed a tax upon every person in the city using telecommunication services. The tax imposed by this Section shall be at the rate of five and one half percent (5.5 %) of the charges made for such services and shall be collected from the service user by the telecommunication services supplier or its billing agent. There is a rebuttable presumption that telecommunication services, which are billed to a billing or service address in the city, are used, in whole or in part, within the city's boundaries, and such services are subject to taxation under this Section. There is also a rebuttable presumption that prepaid telecommunication services sold within the city are used, in whole or in part, within the city and are therefore subject to taxation under this Section. If the billing address of the service user is different from the service address, the service address of the service user shall be used for purposes of imposing the tax. As used in this Section, the term "charges" shall include the value of any other services, credits, property of every kind Ordinance No. NS -XXX Page 5 of 11 50A -23 or nature, or other consideration provided by the service user in exchange for the telecommunication services. (b) "Mobile telecommunications service" shall be sourced in accordance with the sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124). The tax administrator may issue and disseminate to telecommunication service suppliers, which are subject to the tax collection requirements of this article, sourcing rules for the taxation of other telecommunication services, including but not limited to post -paid telecommunication services, prepaid telecommunication services, VolP, and private communication services, provided that such rules are based upon custom and common practice that further administrative efficiency and minimize multi jurisdictional taxation (e.g., Streamlined Sales and Use Tax Agreement). (c) The tax administrator may issue and disseminate to telecommunication service suppliers, which are subject to the tax collection requirements of this article, an administrative ruling identifying those telecommunication services, or charges therefore, that are subject to or not subject to the tax of subsection (a) above. (d) To prevent actual multi jurisdictional taxation of telecommunication services subject to tax under this Section, any service user, upon proof to the tax administrator that the service user has previously paid the same tax in another state or city on such telecommunication services, shall be allowed a credit against the tax imposed to the extent of the amount of such tax legally imposed in such other state or city; provided, however, the amount of credit shall not exceed the tax owed to the city under this Section. (e) The tax on telecommunication services imposed by this Section shall be collected from the service user by the service supplier. The amount of tax collected in one month shall be remitted to the tax administrator, and must be received by the tax administrator on or before the twentieth (20th) day of the following month. SECTION 5: Section 35 -155.1 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 35- 155.1. Bundling Taxable Items. If any nontaxable charges are combined with and not separately stated from taxable service charges on the customer bill or invoice of a service supplier, the combined charge is subject to tax unless the service supplier identifies, by reasonable and verifiable standards, the portions of the combined charge that are nontaxable and taxable through the service supplier's books and records kept in the regular course of business, and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. If the service supplier offers a combination of taxable and non - taxable services, and the charges are separately stated, then for taxation purposes, the values assigned the taxable and non - taxable services shall be based on its books and records kept in the regular course of business and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. The service supplier has the burden of proving the proper valuation and apportionment of taxable and non - taxable charges. Resolution No. 2014 -XXX Page 6 of 11 50A -24 SECTION 6: Section 35 -155.2 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 35- 155.2. Substantial Nexus /Minimum Contact. For purposes of imposing a tax or establishing a duty to collect and remit a tax under this article, "substantial nexus" and "minimum contacts" shall be construed broadly in favor of the imposition, collection and /or remittance of the utility users' tax to the fullest extent permitted by State and Federal law, and as it may change from time to time by judicial interpretation or by statutory enactment. Any telecommunication service (including VoIP) used by a person with a service address in the city, which service is capable of terminating a call to another person on the general telephone network, shall be subject to a rebuttable presumption that "substantial nexus /minimum contacts" exists for purposes of imposing a tax, or establishing a duty to collect and remit a tax, under this article. A service supplier shall be deemed to have sufficient activity in the city for tax collection and remittance purposes if its activities include, but are not limited to, any of the following: maintains or has within the city, directly or through an agent, affiliate, or subsidiary, a place of business of any nature; solicits business in the city by employees, independent contractors, resellers, agents or other representatives; solicits business in the city on a continuous, regular, seasonal or systematic basis by means of advertising that is broadcast or relayed from a transmitter with the city or distributed from a location with the city; or advertises in newspapers or other periodicals printed and published within the city or through materials distributed in the city by means other than the United States mail; or if there are activities performed in the city on behalf of the service supplier that are significantly associated with the service supplier's ability to establish and maintain a market in the city for the provision of utility services that are subject to a tax under this article (e.g., an affiliated person engaging in activities in the city that inure to the benefit of the service supplier in its development or maintenance of a market for its services in the city). SECTION 7: Section 35 -156.1 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 35- 156.1. Reduction in Rate. The Electricity Users Tax imposed under section 35 -156 shall be reduced from six (6) percent to five and one half (5'/) percent. SECTION 8: Section 35 -157.1 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 35- 157.1. Reduction in Rate. The Gas User Tax imposed under section 35 -157 shall be reduced from six (6) percent to five and one half (51/2) percent. SECTION 9: Section 35 -159.1 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Ordinance No. NS -XXX Page 7 of 11 50A -25 Sec. 35- 159.1. Reduction in Rate. The Water User Tax imposed under section 35 -159 shall be reduced from six (6) percent to five and one half (51/2) percent. SECTION 10: Section 35 -172 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 35 -172. RESERVED SECTION 11: Section 35 -178 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 35 -178. Effect of State and Federal Reference /Authorization. Unless specifically provided otherwise, any reference to a State or Federal statute in this article shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a State or Federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease (as a result of excluding all or a part of a utility service, or charge therefor, from taxation). Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent. To the extent that the city's authorization to collect or impose any tax imposed under this article is expanded or limited as a result of changes in State or Federal law, no amendment or modification of this article shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this article. SECTION 12: Section 35 -179 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 35 -179. No Increase in Tax Percentage or Change in Methodology Without Voter Approval; Amendment or Repeal. This article of the Santa Ana Municipal Code may be repealed or amended by the city council without a vote of the People. However, as required by Chapter XIIIC of the California Constitution, voter approval is required for any amendment provision that would increase the rate of any tax levied pursuant to this article. The People of the City of Santa Ana affirm that the following actions shall not constitute an increase of the rate of a tax: (1) The restoration of the rate of the tax to a rate that is no higher than that set by this article, if the city council has acted to reduce the rate of the tax; (2) An administrative or legislative action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or Resolution No. 2014 -XXX Page 8 of 11 50A -26 clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article; (3) The establishment a class of persons or class of service that is exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this article); or (4) The collection of the tax imposed by this article, even if the city had, for some period of time, failed to collect the tax. SECTION 13: Section 35 -180 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 35 -180. Remedies Cumulative. All remedies and penalties prescribed by this article or which are available under any other provision of law or equity, including but not limited to the California False Claims Act (Government Code Section 12650 et seq.) and the California Unfair Practices Act (Business and Professions Code Section 17070 et seq.), are cumulative. The use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this article. SECTION 14: Section 35 -181 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 35 -181. Interaction with Prior Tax. (a) Collection of Tax by Service Providers. Service providers shall begin to collect the tax imposed by this amended article as soon as feasible after the effective date of this article, but in no event later than permitted by Section 799 of the California Public Utilities Code. (b) Satisfaction of Tax Obligation by Service Users. Prior to April 1, 2015, any person who pays the tax levied pursuant to this article, as it existed prior to its amendment as provided herein, with respect to any charge for a service shall be deemed to have satisfied his or her obligation to pay the tax levied pursuant to this article as amended herein, with respect to that charge. The intent of this paragraph is to prevent the imposition of multiple taxes upon a single utility charge during the transition period from the prior Utility Users' Tax Code to the amended Utility Users' Tax Ordinance (which transition period ends April 1, 2015) and to permit service providers or other persons with an obligation to remit the tax hereunder, during that transition period, to satisfy their collection obligations by collecting either tax. (c) Satisfaction of Tax Obligation by Service Users Paying the Prior Maximum Utility Users Tax. Prior to July 1, 2015, any person who pays the maximum tax amount payable under the utility users tax pursuant to this article, as it existed prior to its amendment as provided herein, shall be deemed to have satisfied his or her Ordinance No. NS -XXX Page 9 of 11 50A -27 obligation to pay the tax levied pursuant to this article as amended herein for the period of July 1, 2014 through June 30, 2015. (d) In the event that a final court order should determine that the election enacting this article (as amended herein) is invalid for whatever reason, or that any tax imposed under this article (as amended herein) is invalid in whole or in part, then the taxes imposed under this article, as it existed prior to its amendment as provided herein, shall automatically continue to apply with respect to any service for which the tax levied pursuant to this article has been determined to be invalid. Such automatic continuation shall be effective beginning as of the first date of service (or billing date) for which the tax imposed by this article is not valid. However, in the event of an invalidation, any tax (other than a tax that is ordered refunded by the court or is otherwise refunded by the city) paid by a person with respect to a service and calculated pursuant to this article (as amended herein) shall be deemed to satisfy the tax imposed under this article, as it existed prior to its amendment as provided herein, on that service, so long as the tax is paid with respect to a service provided no later than six months subsequent to the date on which the final court order is published. SECTION 15: Section 35 -182 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 35 -182. Ratification of Prior Tax. The voters of the City of Santa Ana hereby ratify and approve the past collection of the Utility Users Tax as imposed by Chapter 35, Article VI, of the Santa Ana Municipal Code as it existed prior to the effective date of this Ordinance. SECTION 16: Section 35 -183 to 35 -199 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Secs. 35- 183 -35 -199. Reserved. SECTION 17: 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 People of the City of Santa Ana hereby declare that they 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 18: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any tax or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. Resolution No. 2014 -XXX Page 10 of 11 50A -28 SECTION 19: Upon the approval by the majority of the voters of the City of Santa Ana at the November 4, 2014 general election, service providers shall begin to collect the tax imposed by this amended article as soon as feasible after the effective date, but in no event later than permitted by Section 799 of the California Public Utilities Code. AYES: ADOPTED this day of Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney M 50A -29 Jose Sandoval Chief Assistant City Attorney Ordinance No. NS -XXX Page 11 of 11 GUIDELINES FOR ARGUMENTS 50A -30 TIME LIMIT TO SUBMIT BALLOT ARGUMENTS (California Elections Code §9280 -9287) PLEASE TAKE NOTICE that Arguments with respect to the following ballot measure will be received according to the following procedures: 1. The City Council or any member(s) of the Council authorized by the City Council, or bona fide association of citizens, or any individual voter who is eligible to vote on the Measure, or any combination of voters and associations, may file a written argument for or against the measure on the ballot. No argument shall exceed 300 words in length. 2. A ballot argument shall not be accepted unless accompanied by the name(s) of the person(s) submitting it, or, if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal officers. 3. No more than five authors may sign any argument. If an argument is signed by more than five individuals, the names of only the first five persons signing, determined by the order in which their signatures appear, shall be printed on the argument appearing in the Voter Information Pamphlet. 4. The Clerk of the Council shall cause an argument for and an argument against the measure, if submitted, to be printed and shall transmit the arguments to the qualified electors in addition to any necessary ballot materials. Arguments for and against the measure shall be submitted to the Office of the Clerk of the Council, 20 Civic Center Plaza, Santa Ana, California 92701, not later than 14 days after City Council calls for the Election. 5. Arguments may be changed or withdrawn by their authors by specified date. 6. Printed arguments submitted to the voters shall be titled either "Argument In Favor of Measure_" or "Argument Against Measure_ ", accordingly. The blank space will be assigned a number or letter by the Orange County Registrar of Voters. Words used in the title shall not be counted when determining the length of the argument. 7. If more than one argument for or more than one argument against the ballot measure is submitted to the Clerk of the Council within the time prescribed above, the Clerk of the Council shall select one of the arguments for printing and distribution to voters. In such selection, preference and priority shall be given as follows: 1) member(s), of the legislative body authorized by that body, 2) bona fide associations of citizens, and, 3) individual voters who are eligible to vote on the measure. If more than one argument for a measure is received from individuals or groups with the same preference and priority, the first argument submitted to the Clerk of the Council will be selected if no other arguments from an individual or group with a higher priority are received. 8. At the time of filing an argument, a certificate is also required that states that the facts contained in the argument are true and correct. The certificate must be signed by each author of the argument. (A certificate form is available from the Clerk of the Council) 50A -31 Copies of arguments for and against the measure shall be open for public examination at the Clerk of the Council Office, 20 Civic Center Plaza, Santa Ana, California, 92701 during normal business hours (Monday through Thursday and alternating Fridays, 8:00 A.M. to 5:00 P.M.) during the Public Review Period. Any individual may obtain a copy of such materials for use outside of said office. A fee, not to exceed the actual costs incurred in providing such copies, will be charged at the time of provision of such copies. 10. Questions concerning this notice shall be directed to the Clerk of the Council, City of Santa Ana, telephone number (714)647 -6520. 11. Copies of the text of the Measure to be submitted to the voters of the city of Santa Ana may be obtained from the Clerk of the Council, telephone number (714) 647 -6520. 50A -32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: RESOLUTION - AUTHORIZING GRANT APPLICATIONS FOR MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM :(]:?f:1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit applications for funding consideration under the Measure M2 Environmental Cleanup Program through the Orange County Transportation Authority. DISCUSSION The Orange County Transportation Authority has issued a call for projects under the Measure M2 Environmental Cleanup Program (ECP). The ECP grants are for Fiscal Year 14/15 for the Tier 1 Grant Program. The Tier 1 Grant Program provides $200,000 per project, up to a maximum of $500,000 per funding cycle, per agency. The total amount of Measure M2 ECP countywide funding is $2.8 million available over multiple years to help protect Orange County beaches and waterways from transportation- generated pollution (urban runoff), and improve overall water quality. The City will submit three grant applications under this resolution, for a total grant request of $500,000. The City will utilize Federal Clean Water Protection Enterprise funds to provide the required minimum 25% local match. Including the City's match requirement, the total estimated funding package is $675,000, to cover design and construction. Staff is requesting authorization to submit applications for three ECP projects listed in Table 1. The ECP projects develop and implement Best Management Practices for pollution control. Given the importance of protecting our waterways from transportation- generated pollution, staff recommends that the City Council adopt a resolution authorizing submittal of these project applications for funding consideration. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 55A -1 Resolution Authorizing Grant Applications for OCTA Measure M2 Environmental Cleanup Program April 15, 2014 Page 2 FISCAL IMPACT The required matching funds for these projects will be budgeted in the Federal Clean Water Protection fund in the year of expenditure. Edwin "William" Gal ez, P.E. Interim Executive Director Public Works Agency P.M= APPROVED AS TO FUNDS AND ACCOUNTS: Francis sco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Table 1 — ECP Grant Applications List 2. Resolution 55A -2 Table 1 ENVIRONMENTAL CLEAN -UP GRANT APPLICATIONS Recommended Projects Phases Grant Amount FY Residential Catch Basin Connector Pipe Screen Design /Construction /Maintenance $200,000 14/15 Installation Project Arterial Catch Basin Connector Pipe Screen Design /Construction /Maintenance $200,000 14/15 Installation Project, Phase 2 High Density Catch Basin Connector Pipe Screen Design /Construction /Maintenance $100,000 14/15 Installation Project 55A -3 55A -4 3.31.14 LS RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF PROJECTS TO ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE MEASURE M2 ENVIRONMENTAL CLEANUP 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. The Orange County Transportation Authority ( "OCTA ") has authorized Measure M2 Environmental Cleanup Program ( "ECP ") funding for projects which help to protect Orange County beaches and waterways from transportation- generated pollution ( "urban runoff') and improve overall water quality, B. The OCTA Tier 1 Grant Program provides funds for the purchase and installation of catch basin screens, filters, inserts and "street - scale" low flow diversion projects, consistent with Best Management Practices. C. The City of Santa Ana has the authority to nominate water quality improvement projects which have a transportation pollution nexus for ECP funding. D. The projects nominated by the City of Santa Ana are eligible projects for Measure M2 Environmental Cleanup Program, Tier 1 funding. E. The City will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual. Section 2: The City Council of the City of Santa Ana nominates, in the listed priority, the following projects for Measure M2 Environmental Cleanup Funding: 1 a Priority - Residential Catch Basin Connector Pipe Screen Installation Project 55A -5 3.31.14 L5 2"6 Priority- Arterial Catch Basin Connector Pipe Screen Installation Project, Phase 2 3r"Priority- High Density Catch Basin Connector Pipe Screen Installation Project Section 3: The City Council authorizes the Executive Director of the Public Works Agency to submit applications to the OCTA for Measure M2 Environmental Cleanup Program funding in the amount of Two Hundred Thousand Dollars ($200,000), for each of the priority 1 and 2 projects, and an application for ECP funding in the amount of One Hundred Thousand Dollars ($100,000), for the 3`d priority project, to reduce /remove trash from urban runoff. Section 4: The City Council appoints the Executive Director of the Public Works Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, as well as applications, agreements, amendments, payment requests and related documents, which may be necessary for the completion of the project(s). Section 5: 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. • ` •, 3.31.74 LS ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014, Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2014. Date: Clerk of the Council City of Santa Ana 55A -7 y • REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: CONSIDERATION OF RESOLUTION URGING THE GOVERNOR TO SIGN ASSEMBLY BILL 2325, WHICH CREATES "COMMUNI- CAL " - A RELIABLE LANGUAGE INTERPRETATION SERVICE FOR LIMITED ENGLISH MEDI -CAL BENEFICIARIES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2ntlReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Consider adoption of proposed Resolution urging the Governor of the State of California to sign Assembly Bill 2325, which creates "Communi -Cal'- a program that provides reliable access to language interpretation for Medi -Cal beneficiaries who are limited English proficient. DISCUSSION California is one of the most racially and linguistically diverse states with one in five of residents being considered limited English proficient (LEP). Language interpretation services for government services are required by both State and Federal law, however they are currently uncoordinated. Translation services for Medi -Cal are currentiv and will continue to be important as healthcare availability improves through the affordable care act Assembly Bill 2325 meets these needs by increasing reliable access to language translation for Medi -Cal beneficiaries. AB2325 will improve healthcare outcomes for LEP Californians and result in greater access to health care. Additionally, professional medical interpretation services help reduce avoidable medical errors and provide malpractice liability for physicians and other healthcare providers. FISCAL IMPACT There is no fiscal impact associated with the adoption of the proposed Resolution. 55B -1 55B -2 SRC 03/26/2014 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA URGING THE GOVERNOR OF THE STATE OF CALIFORNIA TO SIGN ASSEMBLY BILL 2325, WHICH CREATES "COMMUNI -CAL" - A PROGRAM THAT PROVIDES RELIABLE ACCESS TO LANGUAGE INTERPRETATION FOR MEDI -CAL BENEFICIARIES WHO ARE LIMITED ENGLISH PROFICIENT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: WHEREAS, California has been long recognized as one of the most racially and linguistically diverse states with residents who speak over 200 languages; and approximately one in five Californians is limited English proficient (LEP) and identifies as speaking English less than well; and language access and the right to interpretation services is required under Title VI of the Federal Civil Rights Act of 1964, the Dymally - Alatorre Bilingual Services Act of 1973 (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), the Knox -Keene Healthcare Services Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), Section 11135 of the Government Code, Section 1259 of the Health and Safety Code, and California Civil Rights law; and WHEREAS, The demand for medical interpretation services by Medi -Cal beneficiaries is significant, with 45.2 percent of Medi -Cal beneficiaries speaking a language other than English; and the state will experience an even greater demand for language services as health care reform measures are implemented over the next few years and 35 percent of Californians expected to become newly eligible for Medi -Cal as a result of the federal Patient Protection and Affordable Care Act (Public Law 111 -148) will speak English less than well; and WHEREAS, In California, language assistance services are currently provided in an uncoordinated manner that lacks transparency and accountability, and a majority of services are currently provided ad hoc by family members and friends or untrained staff; and California has the opportunity to meet the growing demand early on by accessing millions of dollars in federal matching funds to provide medical interpretation services to LEP Medi -Cal beneficiaries; and professional medical interpretation services help reduce avoidable medical errors and provider malpractice liability for physicians and other healthcare providers; and a coordinated program to offer medical interpreter services will improve health care outcomes for LEP Californians and help control healthcare costs that result from a lack of access to preventative and primary care, NOW, THEREFORE, BE IT RESOLVED, SECTION 1. That the City Council of the City of Santa Ana supports and encourages the Governor of the State of California to sign Assembly Bill 2325 and hereby directs the Clerk of the Council to send a copy of this resolution to Governor Jerry Brown, Senate President pro Tempore Darrell Steinberg, and Speaker of the Assembly John A. Perez. 55B -3 SECTION 2. 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 151h day of April, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 - Page 2 of 2 Clerk of the Council City of Santa Ana 55B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: APPROVAL OF FUNDS FOR THE FIVE -YEAR STRATEGIC PLAN �r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing revenue for the fiscal year 2014 -15 budget in the amount of $2,280,000 in various General Fund revenue accounts and appropriate funds to various departmental expenditure accounts for the implementation of the five -year Strategic Plan. DISCUSSION On March 18, 2014, the Mayor and City Council adopted the five -year Strategic Plan following an 11 -month strategic planning process and extensive community engagement efforts. The City's outreach efforts included a total of nine events with more than 2,100 participants and recorded over 1,300 comments from various community stakeholders such as residents, businesses, non- profit organizations, students, faith -based community, property owners, educators, employees, and others. The City's strategic planning process and community engagement efforts resulted in a Strategic Plan that includes a total of 7 goals, 33 objectives and 147 strategies. Of the 147 strategies, 107 are funded within the budget and 40 are currently unfunded. In order to prioritize and allocate funding to the remaining 40 unfunded strategies, staff prepared a matrix which was presented at the March 18th City Council meeting. The matrix identifies funding priorities in three categories; consensus (6 to 7 stars), general consensus (5 stars) and all others (1 to 4 stars) in descending priority. It is important to emphasize that the unfunded consensus strategies are equivalent to the $21M included in the revised five -year forecast approved by the Mayor and Council. General consensus and all other remaining unfunded strategies add up to $3.5M. The recommended action will allocated funding to consensus unfunded strategies as well as to fund a youth sports scholarship program as recommended in the March 18th City Council meeting. As additional funding becomes available, staff will provide further recommendations to fund general consensus strategies and all other remaining unfunded strategies. Implementation of the Strategic Plan is scheduled to commence July 1, 2014. 65A -1 Approval of Funds for the Five -year Strategic Plan April 15, 2014 Page 2 FISCAL IMPACT The appropriation adjustment will recognize $2,280,000 in General Fund revenue accounts (01102002- various) and appropriate same to departmental expenditure accounts (various), APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez a Executive Director Finance and Management Services Agency Attachment — Strategies to Receive Aliocation of Funds 65A -2 a-� C 4J t U l6 El L•rzzlla%�l m 0 ti a: E E c c E E E i U U U U O f� U O � Or � U O ..+ O O O O O 00 O 00 <C m O O O O O O O O U � X 00 O O N O N f j 6 6 tR � 6N9 644 +t p., Q m 0�a v Q U U U U U a p ° cz D U�o U y 0_ a a d Q a b0 � U Vj y N C U O U ;� L 0 0 O 'U C _0 -C c E E -C O C N C v' � C T O O E Q'C a) 0 Q N O O °p U 0 IL N U p C 0 L . 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Q a N� o c 0 U Q a s° o a �•? o °- o a p° a a c a c a c a a m f N N O O O O O O p p O U > m o ° > aE ° o o N ° E U ° c — ° ° u �E� o ° o o� D- -0 a �:- Q o� E a p a U c O c U a a) a N O =U N c o > a �_ p U-E o 3 U a O U LO U) 6- v O o N U.c c o E > 2 p ° r W 'o c � N Ey O.0 °d U ° _r--A-- w _ vUP% -,r M 0 N LL 2 0 co � f 0 § 5 $ \ / 0 e E 5 ¢ § \ / § §SA.S \) \ } CD o \ ) ° $ 3 <U �/ < �\ / - _ \\ �> \\ : 0 \ \ G\ 0 .( �»® © : �0� - 09: o //5 ) }=b =2f � § \\ \0 })ƒ E 2 ± 0 C3 \ {« \/0 . \ C: � D -« § «r ) §G /f§ )7 2� a E 3 § \ / § §SA.S 65A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 15, 2014 TITLE: APPROVED ❑ PUBLIC HEARING— ZONING ORDINANCE ❑ AMENDMENT NO, 2013 -02 TO AMEND ❑❑ PROVISIONS OF CHAPTER 41 RELATING TO ❑ SIGN PROGRAMS FOR REGIONAL ❑ COMMERCIAL CENTERS AND ATTRACTIONS, CITY OF SANTA ANA - APPLICANT CITYelMANAGER RECOMMENDED ACTION As Recommended As Amended Ordinance on 15' Reading Ordinance on 2ntl Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -02. CITY COUNCIL ACTION On March 18, 2014, the City Council held a public hearing on Zoning Ordinance Amendment No. 2013 -02. Council members discussed the proposed amendments to Chapter 41 of the Santa Ana Municipal Code (SAMC) relating to planned sign programs to allow provisions for regional commercial centers, automobile dealerships, and attractions and electronic message displays. After discussing the proposed amendments, the City Council recommended modifying proposed section 41- 885(e)(8) to require electronic message displays maintain a minimum amount of advertising capacity for public service announcements, emergency warnings, and /or notifications as requested by the City. Staff also proposed the removal of proposed section 41- 885(e)(1) to delete restrictions on the quantities of electronic message displays and to modify proposed section 41- 885(e)(3)(A) to allow for image transitions. The City Council unanimously recommended continuing the item to allow staff to revise the proposed amendments to reflect these modifications. On February 24, 2014, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -02 by a vote of 6:0 (Gartner absent). The Planning Commission recommended several modifications to the proposed amendments that would remove restrictions on electronic message displays' hours of illumination and that would provide flexibility in determining compatibility of proposed signage with the scale, intensity, and site development characteristics of regional centers (Exhibit A). 75A -1 Zoning Ordinance Amendment No. 2013 -02 April 15, 2014 Page 2 DESCRIPTION This zoning ordinance amendment will make it possible for regional commercial centers, automobile dealerships, and attractions, such as MainPlace Mall or Discovery Science Center, to apply for regional planned sign programs that address the unique identification needs of these regionally - oriented uses. Moreover, destinations meeting the definitions of such regional centers will be able to propose electronic message displays subject to standard conditions proposed in the zoning ordinance amendment. Such regional planned sign programs would require Planning Commission approval. FISCAL IMPACT There is no fiscal impact associated with this action Karen Naluza Interim Executive Director Planning and Building Agency AP: rb apVeportslstaff reports for cc\ZOA 2013-02 Sign Progranns.cc.041514 Exhibit: A. Planning Commission Staff Report 75A -2 REQUEST FOR PLANNING COMMISSION MEETING DATE: FEBRUARY 24, 2014 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR ZONING ORDINANCE AMENDMENT NO. 2013-02 TO AMEND PROVISIONS OF CHAPTER 41 RELATING TO SIGN PROGRAMS FOR REGIONAL COMMERCIAL CENTERS AND ATTRACTIONS Prepared by Ali Pezeshkpour Interim Executive Directo PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Actin Plan!) tg Manager 1 Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -02. Plannina Commission Action The proposed action was presented to the Planning Commission on September 23, 2013, after which the Planning Commission recommended that the City Council adopt a resolution approving Zoning Ordinance Amendment No. 2013 -02. Since that hearing, the City received input from the Development and Transportation Council Committee and community stakeholders that could be affected by the proposed code amendments. Based on this input, staff made additional revisions to the proposed amendments. Request of the Applicant The City of Santa Ana is requesting an amendment to Chapter 41 of the Santa Ana Municipal Code (SAMC) to reuse the code sections pertaining to sign programs for regional commercial centers and attractions. Project Description and Location The requested action will amend Sections 41 -860, 41 -861, and 41 -885 [Chapter 41, Article XI, Divisions 2 and 3 (Sign Standards and Regulations, Planned Sign Programs)] citywide. Planned sign programs are currently required of all commercial properties in Santa Ana with three or more tenants, with the exception of those in the Transit Zoning Code /SD -84, which sets the threshold at two or more commercial tenants. The requested action will allow certain commercial centers and attractions to apply for planned sign programs and allow unique signage as they relate to height, size, quantity, or scale. Further, the Zoning Code amendment will require that the planned sign programs be reviewed by the Planning Commission. EXHIBIT A 75A -3 Zoning Ordinance Amendment No. 2013 -02 February 24, 2014 Page 2 Prolect Backaround A planned sign program is a tool through which local jurisdictions may regulate the appearance of signage in multi - tenant commercial centers, attractions, or other destination centers. The goal of such regulation is often to encourage consistent and harmonious designs, colors, size, and locations of signage in these centers. In Santa Ana, applications for planned sign programs are reviewed and approved in a ministerial manner. The Santa Ana Municipal Code requires that proposed signage contained in planned sign programs be consistent with the minimum standards for on- premise signage found in the Sign Code. These standards include those outlined in Sections 41 -860 (General Regulations), 41 -861 (Additional Regulations), and 41 -862 through 879 (freestanding, wall, major building identification, and other signs). The provisions and standards in these sections regulate appearance, quantity, size and dimensions, location, and height of signage. The City from time to time receives applications for sign programs for major centers such as shopping venues or attractions that propose unique signage that does not conform to the standards of the SAMC. Currently, applications for these sign proposals are processed through variances or are found within zoning districts known as Specific Developments (SD). The proposed amendments would create an alternative, more streamlined means for applicants to propose signage that is unique to regional commercial centers or attractions. Proiect Analysis The purpose of this zoning ordinance amendment is to create a new tool that regional commercial centers and attractions may use to address the unique signage situations specific to these uses and locations. This amendment will also ensure that the implementation of such sign programs will not have detrimental effects on permitted adjacent sensitive uses, such as residential neighborhoods, due to potential nuisances caused by scale, quantity, light, visual distractions, and off -site advertising. Staff research and analysis of cities statewide with major commercial centers and attractions show that many jurisdictions with unique, regional commercial centers or attractions use the planned sign program as a tool to allow flexibility with signage proposals. Cities selected by staff for review contain regional malls and /or attractions with mixtures of uses similar to what is found at Westfield MainPlace or the Discovery Science Center in Santa Ana. In such cases, many of the surveyed cities require that a site meet minimum criteria to be eligible to apply for a planned sign program. These cities review applications for such sign programs through the Zoning Administrator, special Design Review Committee, or the Planning Commission. Moreover, these cities' municipal codes grant authority to the applicable review body to exercise discretion when reviewing applications for sign programs in order to ensure appropriateness with regards to size, quantity, scale, and other factors unique to site context and the nature of business activities conducted. Table 1 lists the cities surveyed and outlines the nature of their planned sign programs. 75A -4 Zoning Ordinance Amendment No. 2013 -02 February 24, 2014 Page 3 Table 1: Surveyed Cities and Planned Sign Programs city Review Body Nature Brea Planning Commission Subject to a conditional use permit and reviewed on a case - b -case basis to determine quality and site compatibility. Costa Zoning Administrator Subject to a minor conditional use permit. Zoning Mesa Administrator must make findings related to quality and context if the proposed signage deviates from the sign standards. Sign program establishes design standards, not message content. Culver Director (ministerial) Director must find that proposed signage is warranted and city compatible with existing or proposed site development. Fairfield Director (ministerial), Minimum number of tenants or size required. If no deviations Zoning Administrator, or proposed, director approves. Minor or major exceptions from Planning Commission the code require Zoning Administrator or Planning Commission approval, respectively, Huntington Director (ministerial) Minimum floor area required. Director must find that Beach proposed signage is compatible with existing or proposed site development. Newport Zoning Administrator Minimum site size, number of tenants, and/or frontage on a Beach public street required. Zoning Administrator must make findings related to quality and context if the proposed signage deviates from the sign standards. Sign program establishes design standards, not message content. Ontario Zoning Administrator Minimum site size and number of tenants required. Zoning Administrator must make findings related to quality and context if the proposed signage deviates from the sign standards. Roseville Planning Commission Required of all "regional mail" properties. Planning Commission to review location, height, area, design, and number to ensure site compatibility._ The first component of the requested action is to create Section 41 -885 and establish standards of approval for regional commercial centers and attractions. This section will contain definitions for regional commercial centers and regional attractions, thereby setting minimum eligibility criteria for such sites. The proposed code amendments will also outline how and by whom applications for planned sign programs for regional commercial centers and attractions may be submitted for Planning Commission review. The proposed action will further amend the Sign Code to establish that such planned sign program applications will be reviewed in a manner similar to that for conditional use permits, as detailed in Sections 41 -633 through 41 -651 of the SAMC. The proposed amendments will also establish findings of fact that the Planning Commission must make when deciding on applications for 75A -5 Zoning Ordinance Amendment No. 2013 -02 February 24, 2014 Page 4 planned sign programs. These findings will ensure that the scale and intensity of the proposed signage is consistent with surrounding land uses, that the location of the proposed signage will not create a hazardous environment for those on City streets or nearby freeways, and that the proposed signage is compatible with the scale, intensity, and site development characteristics. Scale and intensity will be determined by a variety of factors, including height of existing or proposed on -site buildings; quantity of on -site buildings, facades, and street frontages; scale of buildings relating to surrounding land uses and transportation routes for pedestrians and motorists; visibility from transportation corridors or public spaces; and architecture, colors, materials, illumination, and other site characteristics. Staff surveys illustrate that other jurisdictions with similar regional commercial centers that review planned sign programs on a case -by -case basis take similar measures to limit distracting or potentially- hazardous signage while also allowing flexibility that reflects site development characteristics and context. The proposed action would add provisions that require applications reviewed by the Planning Commission to comply with all provisions of Section 41 -860 and several provisions of Section 41 -861 in order to guarantee the health, welfare, and safety of residents and workers in the immediate vicinity. These two sections will be modified to allow for expanded opportunities for distinctive signage, including aerial or balloon signs and electronic message displays, to better meet the unique needs of regional centers or attractions. Finally, the proposed code amendments would create a provision for electronic message displays ("digital signs ") in planned sign programs for regional commercial centers and regional attractions. Staff surveys of other jurisdictions with similar planned sign program provisions for large -scale centers show that various cities often remand requests for digital technology to their planning commissions and that these bodies review such requests on a case -by -case basis to ensure appropriate actions are taken that reflect the context and site development characteristics of each proposal. The proposed code amendments would also establish baseline conditions for all electronic message displays that would protect the health, safety, and welfare of those within viewing distance of such signage while also allowing flexibility in digital technology as it advances overtime. Public Outreach and Notification The proposed action was presented to the Planning Commission as a work study session on April 22, 2013. Can September 23, 2013, a public hearing was held on the item after which the Planning Commission recommended the proposed code amendments for approval by the City Council. Members of the business community representing properties that may be affected by the proposed code amendments were invited to attend both meetings to learn about staffs proposed changes and to provide input. Since then, the City has received additional input from various stakeholders that may be affected by the proposed code amendments. During the time between the September 23, 2013 and this public hearing, staff continued to survey other cities similar in scale to Santa Ana that have regional centers 75A -6 Zoning Ordinance Amendment No. 2013 -02 February 24, 2014 Page 5 and attractions, and stakeholders continued to provide input on latest trends and technologies available for large -scale or unique sign proposals. Staff has continued to remain in contact with interested parties, visiting with representatives of centers that could be affected by the proposed code changes, as well as individuals representing large -scale sign contractors and digital technology available for electronic message displays. The proposed revisions incorporating this feedback were presented to the Planning Commission as a work study session item on February 10, 2014. The proposed amendments are citywide and the project site is thus not located within the boundaries of one single Neighborhood Association. However, a notice was published in the Orange County Reporter. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061(b)(3) of the CEQA Guidelines. This exemption is allowed when the activity, in this case the recommendation of adoption of the ordinance, follows the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The proposed definitions and establishment of sign programs for regional commercial centers and attractions will not have a significant effect on the environment. A Notice of Exemption (Environmental Review No. 2013 -63) will be filed for this project. Conclusion The proposed action would amend the Santa Ana Municipal Code to allow regional commercial centers and attractions to apply for planned sign programs to be reviewed by the Planning Commission. In doing so, the amendments would establish minimum criteria and findings of fact that allow flexibility in proposed signage for prominent, destination venues. Based on the background analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2013 -02. �K Ali Pezeshkp ur Assistant Planner I AP:jm afteports\staff reports for pcNZOA 201802 Sign Programs.022414.pc 75A -7 75A -8 (ROH 04/08/14) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW REGIONAL PLANNED SIGN PROGRAMS. 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 Santa Ana Municipal Code does not currently contain standards for sign programs for regional commercial centers and attractions citywide. Such sign programs are necessary to ensure that signage proposals for regional centers and attractions can be reviewed in a comprehensive, thorough manner to ensure compatibility with the site and surrounding land uses. B. Regional commercial centers and regional attractions with freeway orientation have site configurations and visibility that make them suitable for comprehensive planned sign programs with provisions that address their unique locations along highly - visible freeway corridors. C. Zoning Ordinance Amendment No. 2013 -02 is to amend Chapter 41, Article XI, Divisions 2 and 3 (Sign Standards and Regulations, Planned Sign Programs), creating a new Section 41 -885, allowing certain commercial centers and attractions to apply for regional planned sign programs and allow unique signage as they relate to height, size, quantity, or scale. The Zoning Code amendment will require the regional planned sign programs to be reviewed by the Planning Commission. D. Zoning Ordinance Amendment No. 2013 -02 supports the General Plan policies of encouraging development of projects which promote the City's image as a regional activity center, of encouraging development and promotion of major centers adjacent to major arterial roadways, transit and freeway corridors, and of protecting the health and safety of residents, employees, and visitors of Santa Ana. E. On February 24, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2013 -02 to create Section 41 -885 of the Santa Ana Municipal Code to create standards of approval for regional planned sign programs, citywide. 1 75A -9 F. Zoning Ordinance Amendment No. 2013 -02 came before the City Council of the City of Santa Ana for a duly noticed public hearing on March 18, 2014, to consider all testimony, written and oral. At that time, the City Council voted to continue the matter. The item returned to the City Council on April 15, 2014. G. The City Council adopts as findings all facts presented in the Request for Council Action dated March 18, 2014 and the Request for Council Action dated April 15, 2014 accompanying this matter. For these reasons, and each of them, Zoning Ordinance Amendment No. 2013 -02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. The Request for Council Action for this ordinance dated March 18, 2014, as well as the Request for Council Action dated April 15, 2014, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. 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 City Charter. 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. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41 -860 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -860. General regulations. a) No sign is permitted that: 1. Is dangerous or confusing to motorists on the public right -of -way, including any sign which by its color, wording, design, location or illumination resembles or conflicts with any official traffic - control device or which impedes the safe and efficient flow of traffic. 2 75A -10 2. Is in a condition which presents a danger of injury to the public. 3. Incorporates mechanical movement or in any way gives the illusion of motion, moving parts, rotation or any flashing, moving or intermittent lighting, other than a sign providing a time - and - temperature or similar public service display, except as approved by a Regional Planned Sign Program pursuant to section 41 -885 of this chapter. 4. Is on a vehicle, except as excluded from the scope of this article by section 41 -851 5. Impedes free ingress and egress from any door, window or exitway required by building or fire regulations. 6. Emits sound, smoke, visible particles or odors, except that speakers on drive - through facilities shall be permitted. 7. Is attached to or maintained upon any public utility pole or structure, or tree. b) No person, except a public officer or employee in the performance of a public duty or a private person in giving a legal notice, shall paste, post, paint, nail or tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property without the written consent of the owner, holder, lessee, agent or trustee thereof. c) All signs, other than temporary signs, and their supporting structures shall: 1. Be constructed of metal, wood, plastic, foam, paint and /or comparable weather - resistant material. 2. Be kept in good repair and maintained in safe, neat, clean and attractive condition. 3. Be so enclosed as to provide against their infestation by birds and vermin, and shall be structurally safe. d) Logos or identification symbols shall be considered signs and shall conform to all provisions of this article. Section 4. Section 41 -861 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -861. Additional regulations. No sign is permitted that: 3 75A -11 Is an A- frame, sandwich board or other portable, temporary advertising display. 2. Is temporary or special event flags, banners, festoons, flag canopies or other displays, except as permitted by a special event sign permit. 3. Is a sculptured, molded or otherwise fabricated representational object used for the purpose of visually conveying business identification or product advertising, except as approved by a planned sign program. 4. Is an aerial or balloon type of sign, except as approved by a Regional Planned Sign Program pursuant to section 41 -885 of this chapter. Conflicts with standards established by resolution of the city council pertaining to the colors and materials of signs adopted for the purpose of promoting signage which is visually attractive and harmonious with its surroundings. Duplicates or repeats copy on the same sign. Is a graphic of paint or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director. Section 5. Section 41 -885 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -885. Regional Planned Sian Program. a) Definitions: 1. Regional Commercial Center — A large commercial complex containing a variety of stores, restaurants and other businesses housed in a series of connected and /or adjacent buildings within an integrated campus that shares common areas and parking facilities, and which fronts onto one or more freeways. Said center must be located on a site of no less than fifteen 05) acres. 2. Reaional Automobile Dealership — an automobile dealership licensed by the State of California that sells new or used automobiles or other motor vehicles in coniunction with new automobiles to the general public on an integrated site which fronts onto one or more freeways or is on a site which is located within three hundred (300) feet of the point where a freeway exit centerline intersects with a city street. 75A -12 3. Regional Attraction — A large cultural or educational establishment such as a museum or zoo, or other establishment that blends education, entertainment, and /or amusement, and which fronts onto one or more freeways. Said attraction must be located on a site of no less than five (5) acres. D) Eligibility for a Regional Planned Sign Program: 1. The sign program is proposed for a site that is a regional commercial center, regional automobile dealership, or regional attraction. 2. The site does not abut property zoned or used for residential uses. c) Signage and other on- premise advertising must meet the provisions of the sign code meant to protect the health, safety, and welfare of residents and workers in the immediate vicinity; signage shall be limited to only advertising on -site business activities. All signage must comply with the provisions of Sections 41 -860 and 41 -861 of this Chapter except as noted within those sections pursuant to approval of a Reaional Planned Sian Program described in this section d) The provisions of this section shall be applied in conjunction with chapter 41 article XI, "On- Premise Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41, article A. "On- Premise Sians." the provisions of this section shall prevail e) Electronic message displays may be permitted in Regional Planned Sign Programs subject to the following conditions: 1. The display(s) shall comply with the following requirements: A. Be oriented in a way that: i. Minimizes visual and light- emitting intrusion onto properties zoned or used for residential purposes; and, ii. Maximizes visibility from adjacent or nearby freewav corridors. B. Produce a maximum 0.3 foot - candles over ambient light levels. C. Include a means of ensuring additional flexibility in reducing light levels upon request by the City. D. Provide a means of limiting excessive light or glare. 75A -13 E. Have automatic diming capabilities. 2. The sign copy shall comply with the following requirements: A. Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement. B. Each sign copy shall be displayed for a minimum of eight (8) seconds. 3. No electronic message display shall be located on a around sign within fifty (50) feet of a traffic signal or sign, or placed in a location that would not maintain safe conditions for motorists, pedestrians, or cyclists as determined by the Public Works Agency. 4. The property owner shall comply with Santa Ana Municipal Code section 41- 638.2, establishing standards for graffiti abatement. 5. The property owner shall provide the City and the public a designated phone number and email address for emergencies or complaints that will be accessible 24 hours a day, seven days per week. 6. In addition to their on- premise advertising and identification purposes, the signs must make available a minimum amount of display time to be used for public service announcements or warning signs as requested and provided by the City of Santa Ana. Such minimum time will be established as a condition of approval for the Regional Planned Sign Program. 7. The sign shall comply with any and all federal, state and local laws, regulations and permitting requirements. f) A Regional Planned Sign Program may be submitted by an applicant representing or owning the project site or may be required for a development project when the Planning Director or his or her designee determines that such a sign program is necessary because of special project characteristics. g) Applications for Regional Planned Sign Programs shall be accompanied by photo simulations of all proposed signage showing daytime and nighttime conditions in addition to standard forms, exhibits, and other materials requested by staff as required for a complete submittal. 75A -14 b) Every application under this chapter for a Regional Planned Sign Program or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department. 1 An application to permit a Regional Planned Sign Program must be approved by the Planning Commission and be reviewed subject to compliance with the following sections of the Santa Ana Municipal Code: 1. 41 -633, requiring forms, descriptions, notification of surrounding Property owners, and signature(s) from recorded property owner(s), as applicable; 2. 41 -635 through 41 -637, scheduling for public hearing, providing notice of hearing, and continuances; 3. 41 -642, reviewing the decision of the Planning Commission by the City Council; 4. 41 -645 and 41 -646, processing appeals; 5. 41 -647 and 41- 647.5, utilizing such permits and violations of such permits; 6. 41 -649, modifying such permits; and 7. 41 -651, revoking of such permits. 1� In granting or denying a Regional Planned Sign Program, the Planning Commission shall make the following findings of fact and may impose conditions, restrictions or limitations as the Commission may determine to be necessary to meet the general purpose and intent of this chapter and to ensure that the public health, safety and welfare are beina maintained. Findinas shall be made and conditions may be imposed to confirm that 1. The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight, intrusion, or similar incompatibilities. 2. The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists, or motorists on Citv streets or freeways. 75A -15 3. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed. Scale, intensity, and site development characteristics may be determined by: A. Height of existing or proposed buildings on -site; B. Quantity of freestanding buildings, facades, and street frontages; C. Scale of buildings as they relate to pedestrian and vehicular access, surrounding land uses, and transportation corridors: D. Visibility from streets, highways, pedestrian areas, rail corridors, bikeways, other transportation routes, parks, and other public spaces; E. Architecture, color(s), material(s), illumination, and other site characteristics; and nature of business activities conducted on- site: and, F. Visibility from any property used or zoned for residential purposes. k) Appeals from decisions of the Planning Commission, extensions, time limits, and modifications to such Regional Planned Sign Programs must be conducted in a manner in accordance with Chapter 41, Article V, Division 1 of the Santa Ana Municipal Code. Section 6. 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 2014 Miguel A. Pulido Mayor 75A -16 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge, Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 9 75A -17 75A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2014 TITLE: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2014 -2015 CITY MANAGER CLERK OF COUNCIL USE ONLY: I:A1»:ii]TL�I,j ❑ As Recommended ❑ As Amended ❑ Ordinance on I` Reading ❑ Ordinance on 2n4 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the proposed Fiscal Year 2014 -2015 Community Development Block Grant Program. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute memorandums of understanding with various city departments and agreements with nonprofit agencies awarded funds as part of the approved program. DISCUSSION The City of Santa Ana receives Community Development Block Grant (CDBG) funds to improve low- and moderate - income neighborhoods, eliminate blight and create a more stable economic base. These funds have been used for a diverse range of programs including housing, street improvements, parks and public facilities improvements, social services, historic preservation and community services. In past years, the City used an application process to make public service funds available to non- profit organizations that meet one of the priorities identified in the City's Consolidated Plan (the City's five -year strategic plan that identifies housing and community needs that are required by the U.S. Department of Housing and Urban Development [HUD]). Like communities throughout the nation, Santa Ana endured serious budget challenges as a result of a declining economic climate. These challenges included an increased demand for a variety of municipal services, the elimination of redevelopment tax increment, the redirection of local revenues to the state, and an overall decline in various tax revenues. To address these challenges, the City made the difficult decision to limit the amount of CDBG funds available for non - profit organizations to City- managed programs starting in Fiscal Year (FY) 2010 -2011. The same process was applied to allocate funds for the FY 2014 -2015 and public service proposals were not requested from the non - profit community. However, starting with FY 2015 -2016 funds, the process will revert back to soliciting 75B -1 CDBG Program FY 2014 -2015 April 15, 2014 Page 2 proposals from non - profit organizations to apply for up to ten percent of the public service allocation. HUD has released CDBG funding allocations for the upcoming fiscal year and Santa Ana will receive $5,560,186. This is approximately a two percent reduction from the estimated figures presented to the Finance, Economic Development & Technology Council Committee at its special meeting on February 24, 2014. Funding recommendations have been adjusted proportionally based on the reduced actual allocation from HUD. The proposed FY 2014 -2015 CDBG program and budget (Exhibit 1) consists of staffs funding recommendations for the program. The City Council public hearing provides an opportunity for public input and the completion of the process necessary to submit our locally approved program to HUD as part of the Annual Consolidated Plan. FISCAL IMPACT Approval of the recommended action will authorize the City Manager to submit the approved program to HUD and to execute a grant agreement, which will result in the City's CDBG letter of credit being augmented by an estimated $5,560,186. Shelly La ry-Bay e Housing Manager Community Development Agency SLB /SG /sv Exhibit: 1. Program Recommendations APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director at Finance & Management Services Agency 75B -2 EXHIBIT 7 Community Development Agency CDBG FUNDING PLAN 'r�.i RECOMMENDED To Finance, Economic Development, and RECOMMENDED APPROVED REQUESTED Technology Committee FY 14 -15 PROGRAM FY 13 -14 FY 14 -15 2/24/14 Adjusted to Allocation ADMINISTRATION & PLANNING 1 Administration and Planning $ 1,066,796 $ 1,067,468 $ 1,067,468 $ 1,044,520 2 Fair Housing Council of Orange County $ 69,300 $ 69,000 $ 69,000 $ 67,517 CODE ENFORCEMENT 3 Code Enforcement $ 870,000 $ 869,686 $ 869,686 $ 850,990 4 Legal Services $ 50,000 $ 50,000 $ 50,000 $ 48,925 Economic Development 5 New Business Start -Up (Pilot) $ 400,000 $ 400,000 $ 400,000 $ 391,400 SOCIAL SERVICES 6 PD -HEART Program $ 35,000 $ 50,000 $ 49,437 $ 48,374 7 PD -GRIP Program $ 160,000 $ - $ - $ - 8 PD -PAAL Program $ 124,500 $ 288,972 $ 285,717 $ 279,575 9 PRCSA - Library Tutors $ 223,000 $ 278,140 $ 275,007 $ 269,095 10 PRCSA- Project Pride $ 129,500 $ 164,949 $ 163,091 $ 159,585 11 PRCSA- Senior Meals $ 80,000 $ 80,000 $ 79,099 $ 77,398 12 CDA -Youth Training $ 100,000 $ - $ - $ - CITY CAPITAL IMPROVEMENTS 13 Public Facilities -Park Improvements $ 788,692 $ 2,053,370 $ 1,066,918 $ 1,053,444 14 Public Facilities - Residential Streets $ 788,692 $ 1,500,000 $ 1,066,917 $ 1,053,443 HOUSING REHABILITATION 15 Single Family Rehab -Non Profit $ 95,000 $ - $ - $ - 16 Single Family Rehab -City $ 350,000 $ 500,000 $ 500,000 $ .489,250 17 Multi Family Rehab $ 350,000 $ 500,000 $ 500,000 $ 489,250 18 Homebuyer Down Payment Assistance $ - $ 120,000 $ 120,000 $ 117,420 TOTAL $ 5,680,480 $ 7,991,585 $ 6,562,340 $ 6,440,186 CDBG ALLOCATION $ 5,682,340 $ 5,682,340 $ 5,682,340 $ 5,560,186 CDBG RE- ALLOCATION- AVAILABLE $ 880,000 $ 880,000 $ 880,000 SURPLUS /(DEFICIT) $ 1,860 _L 29,245 $ - $ - ADMINISTRATION CAP 20% OF ALLOCATION $ 1,136,468 $ 1,136,468 $ 1,136,468 $ 1,112,037 ADMINISTRATION PROPOSED $ 1,136,096 $ 1,136,468 $ 1,136,468 $ 1,112,037 SURPLUS /(DEFICIT) $ 372 $ - $ - $ 0 PUBLIC SERVICE CAP 15% OF ALLOCATION $ 852,351 $ 852,351 $ 852,351 $ 834,028 PUBLIC SERVICE PROPOSED $ 852,000 $ 862,061 $ 852,351 $ 834,027 SURPLUS /(DEFICIT) $ 351 $ (9,710) $ - $ 1 'r�.i 75B -4 § § � IL § � § 0 ) § s 2 qiw, § § { 0� �\ kE)E *� \ \� \t} k/ 6\ /o -« £± 0 >)M \f\\ §3 !0a a) ) 2 = -20 2�9) ƒ)k of §c 2£c =e =a §be §ffe �! )ea` \ \? 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