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HomeMy WebLinkAbout FULL PACKET_2015-04-21MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 7, 2015 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:13 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO (5:22 p.m.) COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager JOSE SANDOVAL, Chief Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:13 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: Daniel Masip v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8477525. CITY COUNCIL MINUTES 1 APRIL 7, 2015 1 0A -1 2. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (One case). 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part -time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: City Manager, David Cavazos Employee Organizations: Executive Management (EM) CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:44 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 APRIL 7, 2015 1 0A -2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:49 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager JOSE SANDOVAL, Chief Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO JACK ABEELEN, POLICE CHAPLAIN SPECIAL PRESENTATION by volunteer advocate John Rodriguez, Mothers Against Drunk Driving®(MADD) recognizing Santa Ana Police Department officers for their efforts in deterring drunk driving. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO in recognition of the Cuarenta Elementos — Hijos Altamente Capaces group. EXCEPTIONAL SERVICE AWARD presented by MAYOR PULIDO to Carlos Landeros of El Catrin for his outstanding service to the Santa Ana community. CITY COUNCIL MINUTES 3 APRIL 7, 2015 1 0A -3 CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENTS 1. Michael Klubiski, provided report for the record regarding alleged corruption at the County of Orange. 2. Tim Houchen, spoke on homeless issues and highlighted efforts this past year to increase level of services; look forward to continued partnership with the City. 3. Joesay Hernandez, supports Wellness Corridor, concerned with racist and un- American sentiments by some. 4. Ilya Tseglin, addressed general concerns with County of Orange services. CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar Items 10A through 39A, with the following modifications: • Councilmember Amezcua abstained on Agenda 10A; and • Councilmember Martinez pulled Agenda Items 20A for separate action; and • Agenda Items 13A, 21A, 25B and 39A were pulled for separate action and comments by members of the public. MOTION: Sarmiento SECOND: Martinez VOTE: MINUTES 10A AYES: Amezcua, Benavides, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS Martinez, Pulido. Reyna, MINUTES FROM THE REGULAR MEETING OF MARCH 17, 2015 {STRATEGIC PLAN NO. 5, 1 } - Clerk of the Council Office MOTION: Approve Minutes. *Councilmember Amezcua abstained on Agenda Item 10A. CITY COUNCIL MINUTES 4 APRIL 7, 2015 1 0A -4 BOARDS / COMMISSIONS / COMMITTEES 13A. PLAN NO George Garcia, attended the Finance, Economic Development & Technology meeting, applaud efforts to conserve water. MOTION: Receive and File Name Meeting Date Finance, Economic Development & Technology 3/18/2015 Public Safety and Neighborhood Improvement 3/24/2015 MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido. Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 13B. NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE TO THE PLANNING COMMISSION, FOR FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Continued from the March 3, 2015 City Council Meeting by a vote of 7 -0. MOTION: Re- appoint Phil Bacerra, MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreement. 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 5 APRIL 7, 2015 1 0A -5 .; 19C. Daniel Masip v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8477525 in the amount of $79,908.99 approved by 4 -0 vote with Sarmiento, Benavides, and Tinajero absent. EXCUSED ABSENCES — None MOBILE HOME HARDSHIP PROGRAM LOAN LIMIT INCREASE {STRATEGIC PLAN NO 5, 3) - Community Development Agency MOTION: Approve an increase to the maximum loan limit amount from $5,000 to $12,000 and programmatic revisions to the Mobile Home Hardship Program. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. Councilmember Martinez, expressed support for project and reported for the record that project will be integrated into Circulation Element. MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -163 - Recognizing $280,000 in Residential Street Improvement revenue and appropriating the same amount into the Residential Street Improvement expenditure account. 2. AGMT NO. 2015 -042 - Authorize the City Manager and the Clerk of the Council to execute an agreement with Nelson \Nygaard, subject to non - substantive changes approved by the City Manager and City Attorney, for one -year period expiring April 6, 2016, with a provision for one one - year extension exercisable by the City Manager and City Attorney, in a total amount not to exceed $280,000. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido. Reyna, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 6 APRIL 7, 2015 1 0A -6 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) GRANTS /APPLICATIONS 21A Workforce Investment Board approved recommended action on March 19, 2014, by a vote of 15 -0 (Didion, Elliot, Everett, Fischer, Gonzalez, Jimenez - Hamy, Knitter, Korthuis, Martinez, Rutledge, and Wadhera absent). Linda Lou Kestin, concerned that unauthorized officials inspecting her home. MOTION; Approve submittal of an application for Initial Local Area Designation and Initial Local Board Certification for Program Year 2015- 2017 under the Workforce Innovation Opportunity Act and authorize the Mayor to sign as the Chief Local Elected Official. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido. Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 15 -007 - SIGNS, HARDWARE, AND ACCESSORIES (GENERAL FUND) {STRATEGIC PLAN NO. 6, 11 (Public Works and Parks, Recreation and Community Services Agency) - Finance and Management Services Agency MOTION: Award a contract to Safeway Sign Company for traffic signs, expiring April 30, 2016, in an amount not to exceed $150,000, with provisions for two one -year renewals exercisable by the City Manager, CITY COUNCIL MINUTES 7 APRIL 7, 2015 1 0A -7 subject to non - substantive changes approved by the City Manager and the City Attorney. 22B. SPEC. NO. 15 -015 - ARUBA WIRELESS TECHNOLOGY AND SUPPORT {STRATEGIC PLAN NO. 2, 3; 75} - Finance and Management Services Agency MOTION: 1. Reject the bid from SHI International Corp. as nonresponsive to the specification. 2. Award a contract to GST, Inc. in an amount of $131,100; and for a two - year support contract, in an amount of $54,500, for a total amount not to exceed $185,600, subject to non - substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 15 -021 - VMWARE MAINTENANCE SUPPORT TO THE COMPUTING CENTERS IN CITY HALL AND POLICE DEPARTMENT VIA VIRTUALIZED HOSTING TECHNOLOGY {STRATEGIC PLAN NO. 6, 1F} - Finance and Management Services Agency MOTION: Award a contract to vCloud Tech Inc. for a one -year period, expiring April 7, 2016, in an amount not to exceed $40,400, subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. AGMT NO. 2015 -043 - ANNUAL SOFTWARE MAINTENANCE AND SUPPORT FOR CRIMEMAP SOFTWARE {STRATEGIC PLAN NO. 1, 5) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a three -year agreement with GeoSpatial Technologies, Inc. for the period of August 3, 2014 through August 2, 2017, in an amount not to exceed $36,500, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. AGMT NO. 2015 -044 - PURCHASE OF POLICE SERVICE DOG AND TRAINING SERVICES {STRATEGIC PLAN NO. 1, 51 - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Adlerhorst International, Inc. for the period of April 7, 2015 through April 6, 2018, in an amount of $86,200, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 8 APRIL 7, 2015 1 0A -8 MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido. Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25C. AGMT NO. 2015 -045 - GRANT EFFECTIVENESS REPORT PROVIDING FUNDING FOR ANTI - TERRORISM EQUIPMENT, PLANNING, TRAINING, EXERCISES AND TECHNICAL ASSISTANCE {STRATEGIC PLAN GOAL NO. 1, 5) - Police Department MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Filler Security Strategies, Inc., authorized under the FY 2014 Urban Areas Security Initiative federal grant in an amount not to exceed $37,500, subject to non - substantive changes approved by the City Manager and City Attorney. The performance period for completing this report is January 14, 2015 to May 21, 2016. 25D. AGMT NO. 2015 -046 - MONTH TO MONTH CONTRACT EXTENSION FOR MUNICIPAL PARKING FACILITIES OPERATOR {STRATEGIC PLAN NO. 3,4b) - Finance and Management Services MOTION: Authorize the City Manager and the Clerk of the Council to execute a contract extension with Central Parking System, Inc., effective May 1, 2015, in an amount not to exceed $2,500 per month plus, monthly operating expenses as defined in the agreement ( #A -2013 -049), subject to non - substantive changes approved by the City Manager and City Attorney. 25E. AGMT NO. 2015 -047 - DIGITAL WATER MAPPING AND SUPPORT SERVICES (NON GENERAL FUND) (STRATEGIC PLAN NO. 6, 1, C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with iWater, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, for a three -year period expiring March 31, 2018, with provisions for one two -year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $421,000 annually. CITY COUNCIL MINUTES 9 APRIL 7, 2015 1 0A -9 25F. ON -CALL REAL ESTATE TITLE AND ESCROW SERVICES (NON- GENERAL FUND) {STRATEGIC PLAN NO. 6, 1, G) - Public Works Agency and Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements, subject to non - substantive changes approved by the City Manager and City Attorney, for a three -year term expiring March 31, 2018, with the option to extend for two one -year terms by written authorization of the City Manager and City Attorney, for a maximum of five years, in a total amount not to exceed $360,000 for each firm. 1. AGMT NO. 2015 -048 - With First American Title Company and 2. AGMT NO. 2015 -049 — With Commonwealth Land Title Company 25G. AGMT NO. 2015 -050 - INCLUSIONARY HOUSING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PULTE HOME CORPORATION — MAGNOLIA LANE PROJECT {STRATEGIC PLAN NO. 5, 36) - Community Development Agency MOTION: Receive and file the Inclusionary Housing Agreement Pulte Home Corporation. 25H. DEVELOPMENT OF PERMANENT HOUSING FOR PERSONS WITH HIV /AIDS {STRATEGIC PLAN NO 5,3; 5,4; 5,6) - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on March 25, 2015, by a vote of 4 -0 (Sandoval absent). MOTION: 1. AGMT NO. 2015 -051 - Authorize the City Manager and Clerk of the Council to execute agreement with Straight Talk Clinic, Inc. in the amount of $720,000, subject to non - substantive changes approved by the City Manager and City Attorney for acquisition and rehabilitation of single family house (Housing Opportunities for Persons with AIDS) 2. AGMT NO. 2015 -052 - Authorize the City Manager and Clerk of the Council to execute agreement with Straight Talk Clinic, Inc. subject to non - substantive changes approved by the City Manager and City Attorney for the Covenant Affecting Property at 1677 West Ord Way, Anaheim. CITY COUNCIL MINUTES 10 APRIL 7, 2015 1 0A -10 LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES 31A. CONDITIONAL USE PERMIT NO. 2014 -46 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR NORTHGATE MARKET LOCATED AT 1120 SOUTH BRISTOL STREET - ADAM WOOD, APPLICANT {STRATEGIC PLAN NO. 3,2) - Planning and Building Agency Planning Commission approved recommended action on March 9, 2015, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -46. 31 B. CONDITIONAL USE PERMIT NO. 2015 -04 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR NORTHGATE MARKET LOCATED AT 1623 WEST SEVENTEENTH STREET - ADAM WOOD, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on March 9, 2015, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2015 -04. 31 C. CONDITIONAL USE PERMIT NO. 2015 -01 TO ALLOW A CAR WASH AND VARIANCE NOS. 2015 -01 AND 2015 -02 FOR A REDUCTION IN FRONT - YARD SETBACKS AND REQUIRED PARKING AT SOUTH COAST SPEEDWASH LOCATED AT 2402 SOUTH BRISTOL STREET - PEDRAM FARAROOY, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on March 9, 2015, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2015 -01 as conditioned, Variance No. 2015 -01 as conditioned, and Variance No. 2015 -02 as conditioned. MISCELLANEOUS — LAND USE CITY COUNCIL MINUTES 11 APRIL 7, 2015 1 0A -11 39A. John Palacios, spoke in support of project. MOTION: Receive and file the staff report and affirm the naming of the pedestrian bridge at the Santa Ana Regional Transportation Center as the Gordon Bricken Pedestrian Bridge (Public Facilities Naming No. 2015 -02). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: RESOLUTIONS SECOND: Tinajero Amezcua, Benavides, Martinez, Pulido. Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR 55A. RESOLUTION CALLING ON CONGRESS TO UPDATE SECTION 4 OF THE CIVIL RIGHTS ACT {STRATEGIC PLAN NO. 5, 1 E} - City Manager's Office MOTION: Adopt a resolution. RESOLUTION NO. 2015 -014 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING ON CONGRESS TO UPDATE SECTION 4 OF THE VOTING RIGHTS ACT MOTION: Sarmiento SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 12 APRIL 7, 2015 1 0A -12 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A. DISCUSSION AND DIRECTION ON ASSEMBLY BILL 1217 (DALY) REGARDING ORANGE COUNTY FIRE AUTHORITY GOVERNING STRUCTURE - City Manager's Office Councilmember Amezcua, Orange County Fire Authority board representative, noted that goal of legislation is to streamline process; would not impact Santa Ana since city likely to retain seat; request staff analyze impacts, if any. Mayor Pulido supports proposed assembly bill; noted that board composition similar to former Orange County Transpotration Authority which had 40 seats. Councilmembers Martinez and Tinajera expressed support of proposed Bill; important to retain seat. Mayor Pulido supports proportional board composition. Thanked Joe Kirk and Kevin De Leon and Assemblymember Tom Daly for proposal. MOTION: Support Assembly Bill 1217 (Daly), which would require the Board of Directors of the Orange County Fire Authority, a joint powers agency, to consist of thirteen members, each serving a two -year term. MOTION: Pulido SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65B. PARK SECURITY UPDATE AND STAFF RECOMMENDATION TO ENSURE CONTINUED SECURITY {STRATEGIC PLAN NO. 1, 1; 2) - City Manager's Office The following speakers addressed the City Council: CITY COUNCIL MINUTES 13 APRIL 7, 2015 fflh l • Ann Salisbury, supports dedicated staff to patrol the parks; not fiscally responsible to have police officer on overtime to patrol parks. • Renee Hernandez, representative of part -time park rangers, request ranger's employment contracts be extended; opined that PEPRA rule does not apply since City actively recruiting; opined that ranger's oversight be maintained at the City Yard and not the Police Department - important for continuity purposes. • Sandra Cortez, supports continued employment of part -time rangers to allow for recruitment and training of new staff. City Manager Cavazos provided update - no communication has been received from PERS; City has had extensive discussion on the matter; liability to retain part -time retired park rangers; City actively recruiting. Council discussion ensued. Councilmember Amezcua, supports temporary use of overtime until City hires permanent park rangers. Councilmember Reyna, questioned why April 18th set separation date? City Manager Cavazos noted that initial separation notice rescinded and set to allow PERS time to respond. Councilmember Reyna, asked if PERS obligated to respond and the answer was no. Councilmember Benavides, asked if the City has not received a response from PERS, if that permits retention of annuitants to remain? Chief Assistant City Attorney Sandoval indicated that no special skill or emergency exists that would warrant retention of park rangers. Councilmember Benavides asked if exception applied if City actively recruiting. Chief Assistant City Attorney responded that fact pattern reviewed and determined that we were beyond time limit allowed. Councilmember Martinez, concerned that City had retained other annuitants; proposed 30 day extension and place cap on overtime, staff to return in 30 days with update on recruitment; noted for the record that fiscally responsible to allow overtime. Councilmember Tinajero, legal opinion important; letter of the law that there are no exceptions or transitional period; trust professional's opinion. City Manager Cavazos explained that he has responsibility to protect the City and follow the law; need to cover public safety at the parks. Mayor Pro Tern Sarmiento, noted that it was important to follow the law and support staff recommendation; no authority to influence separation of employees - responsibility lays with City Manager; difference between black letter and case law; supported use of police overtime, but community appears to support existing program; concerned that recruitment has not been fruitful and concur with 30 -day update until issue resolved. CITY COUNCIL MINUTES 14 APRIL 7, 2015 1 OA -14 City Manager Cavazos, offered that City actively seeking park rangers, Chief explained process and noted that process not expected to change in 30 days; manage expectations. Expect to spend about $75,000 in overtime until new hires. Police Chief Rojas, noted that three individuals passed application review and pending background; process may take 6 -9 months; City has competing interest in hiring police officers. Mayor Pro Tern Sarmiento, concerned that use of overtime may evolve into permanent practice. City Manager Cavazos suggested that an update be provided in 90 -day update. Council unanimously agreed to return with update in 60 days. MOTION: 1. Receive and file park security update. 2. Approve staff's recommendation to ensure continued park security. 3. Provide City Council with update in 60 days. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Amezcua Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) Martinez (1) None (0) None (0) *Councilmember Benavides and Reyna noted for the record that they would be abstaining on matter due to potential conflict of interest and did not participate in the deliberation of Agenda Item 75A. PUBLIC HEARINGS 75A. PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FISCAL YEAR 2015 -2016 {STRATEGIC PLAN NO 2, 2; 2, 4; 5,4; 5,61 — Community Development Agency Community Redevelopment and Housing Commission directed staff to transmit funding recommendations for fiscal year 2015 -2016 CDBG public service CITY COUNCIL MINUTES 15 APRIL 7, 2015 1 0A -15 programs by a vote of 4:0 (Leon abstained) for the Public Law Center, and 5:0 for all other nonprofit organizations on February 11, 2015, Finance, Economic Development, and Technology Committee received a presentation on the CDBG Fiscal Year 2015 -2016 at a Special Meeting on March 18, 2015. Legal Notice published in the Orange County Register, in La Opinion (Spanish) and the Nguoi Viet (Vietnamese) on March 24, 2015. Mayor Pulido opened the Hearing. The following spoke on the matter: 1. Don Collins, representing Council on Aging, available to answer questions. 2. Ava Steffens, representing Kidworks, supports staff recommendation, seeking funding to open new center at Cedar Evergreen. 3. Kathleen Bowman, representing WisePlace, thanked staff for supporting their application. 4. Judith Padilla, representing Human Options, requesting funding for new program that will benefit 250 children by promoting safety and decreasing domestic violence; look to partner with local school and engage the community. 5. Gregory Mathes, representing Goodwill of OC and Director of Grants, seeks Council support for their program, re -entry into the workforce and work with people with disabilities. 6. Phalen Lim, representing The Cambodian Family, seeks support for program 7. Claire Braburn, America On Track, funding request supports mentoring program and STEM program, partnerships with UCI and CSUF, fund programs and Kaiser Permanente; and Colleges for Me Too program for children of prisoners, request $50,000 in funding. Mayor Pulido closed the Hearing. Councilmember Martinez proposed continuation. MOTION: Continue consideration of matter to the April 21, 2015 City Council meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAINED AND NOT PRESENT: SECOND: Tinajero Amezcua, Martinez, Pulido, Tinajero (5) None (0) Benavides, Reyna (2) Sarmiento, CITY COUNCIL MINUTES 16 APRIL 7, 2015 1 0A -16 ABSENT: None (0) *Councilmembers Benavides and Reyna returned to the meeting. *Mayor Pro Tern Sarmiento noted for the record that due to close proximity to property he would be abstaining on matter and did not participate in the deliberation of Agenda Item 75B. 75B. PUBLIC HEARING - RESOLUTION TO ADOPT AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT FOR THE BRISTOL STREET IMPROVEMENT PROJECT BETWEEN CIVIC CENTER DRIVE AND WASHINGTON AVENUE {STRATEGIC PLAN NO. 6, 1, G) - Public Works Agency Legal Notice published in The Notice on March 27, 2015. Mayor Pulido opened and closed the Hearing; there were no speakers or written communication received. MOTION: Adopt a resolution. RESOLUTION NO. 2015 -015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT / ENVIRONMENTAL IMPACT REPORT NO. 89 -01 FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN CIVIC CENTER DRIVE AND WASHINGTON AVENUE (PHASE IIIA) MOTION: Martinez SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAIN: Sarmiento (1) ABSENT: None (0) *Mayor Pro Tern Sarmiento returned to the meeting. 75C. PUBLIC HEARING - RESOLUTION TO ADOPT AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT FOR THE BRISTOL STREET IMPROVEMENT PROJECT BETWEEN CITY COUNCIL MINUTES 17 APRIL 7, 2015 1 0A -17 WARNER AVENUE AND SAINT ANDREW PLACE {STRATEGIC PLAN NO. 6, 1, G} - Public Works Agency Legal Notice published in The Notice on March 27, 2015. Mayor Pulido opened and closed the Hearing; there were no speakers or written communication received. MOTION; Adopt a resolution RESOLUTION NO. 2015 -016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT / ENVIRONMENTAL IMPACT REPORT NO. 89 -01 FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN WARNER AVENUE AND SAINT ANDREW PLACE (PHASE IV) MOTION: Amezcua SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED AT 7:39 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 7:40 P.M. WITH SAME MEMBERS PRESENT. WORK STUDY SESSION WS -A. DISCUSSION AND STAFF DIRECTION ON COMMUNITY PROPOSAL FROM BUILDING HEALTHY COMMUNITIES FOR A WELLNESS DISTRICT - City Manager's Office Continued from the March 17, 2015 City Council Meeting. Presentation by City Manager Cavazos on Community Proposal from Building Healthy Communities for a Wellness District Wellness District • Commissioned by The California Endowment coordinated with Santa Ana Building Healthy Communities. CITY COUNCIL MINUTES 18 APRIL 7, 2015 1 0A -18 • The proposed Building Healthy Communities Wellness District Resolution and Report was initially received at the Finance, Economic Development and Technology Committee meeting on January 12, 2015. (attached) • The proposal was put together in the form of a resolution • The City Manager and staff met with the BHC on January 26, 2015 and responded to this resolution in writing on February 4, 2015. (response attached) • BHC second version and comments received March 4, 2015 • Some of the resolution elements align with the City's Strategic Plan elements. • What is in the proposed community resolution? • Ana Urzua, Primary Contact Includes: • Economic Development • Complete streets • Renaming /branding • Elements of strategic plan • Property transfers • Rent control • Event sponsorship • Latino theme • Bristol Street Properties • Immigrant affairs ITEM PROPOSAL STAFF RESPONSE 1. Ensure an equitable, inclusive The Economic Development Plan was economic development plan, as called awarded in February 2015 to create for in the City's five -year strategic plan, said plan for the entire City including that acknowledges and prioritizes the the downtown area. The plan will wellness needs and vision of include a process by which the underserved resident communities; community and stakeholders will that focuses on supporting Santa Ana provide input. residents, local small businesses, The creation of this plan would be workers, youth and families; that inclusive of the needs of all residents, creates opportunities for anyone to businesses, visitors, as well as the support themselves and their families retention and attraction of new in Santa Ana; and that allows for a business. health lens on economic development, in line with Health In All Policies. 2. The City will work with the Orange A citywide Health and Wellness County Health Care agency, local Assessment requires the identification health systems, nonprofit of funding. The OC Health Care organizations, and neighborhoods to Agency currently tracks Children's produce a baseline assessment of Health in an annual report that is health and wellness and establish published for the entire county. CITY COUNCIL MINUTES 19 APRIL 7, 2015 1 0A -19 3. PROPOSAL indicators which will be used to measure performance and success in health and economic development outcomes. Implement strategies that ensure development aligned with Wellness District principles and approaches, including but not limited to the following: active programming of healthy recreational and cultural activities, creating incentives and eliminating disincentives for local businesses offering wellness goods and services, and creating incentives for businesses committing to long term provision of good jobs, affordable housing, and economic stability for Santa Ana residents. Proactively develop and implement strategies for Santa Ana residents to remain and thrive in Santa Ana while minimizing negative impacts of development, including increases in the cost of living and other indirect catalysts of displacement. At the direction of the City Council, funding and staffing would need to be approved to develop such a proposal and determine the outcomes desired. The City's Parks, Recreation, and Community Services Agency current plans major events in the downtown, including a health fair, 5k, Holiday Tree Lighting, Plaza Primavera and others. Additionally, the community can plan additional events through the Special Events /Land Use Application process. While the City of Santa Ana and cities in general, oversee land use via a zoning code or ordinance which broadly designates appropriate businesses categories and uses for each parcel, private property owners control the specific tenants and business uses. Any financial incentives for businesses take into consideration the economic There are four strategies that "facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods." This includes the City's Housing Opportunity Ordinance. The Strategic Phan outlines strategies specific to job training, and services for residents. This includes senior programs, youth programs, and the "Santa Ana Buy Local Plan ". New development opportunities will help current and future residents to live and work within the city, such as Adaptive Reuse. Educational partnerships are focused on supporting educational attainment which then correlate with higher income and housing opportunities. CITY COUNCIL MINUTES 20 APRIL 7, 2015 1 OA -20 ITEM PROPOSAL STAFF RESPONSE 5. Engage the street vendor community To the extent that development to ensure that the City's plans and projects would have impacts to any policies do not impede and are vendors or the community at large, the inclusive of their contribution to Sunshine Ordinance provides specific servicing low- income residents and criteria for certain types of their families as well as downtown development projects to have employees and visitors, while community meetings. maintaining consideration of brick -and- mortar businesses. 6. Support the resolution Establishing "La Cities and municipalities do not Calle Cuatro" as the official and generally assign neighborhood names, historical name of Fourth Street in they are often organically assigned Santa Ana, and the designation of and /or promoted via marketing and Plaza Santa Ana as Plaza Calls branding efforts. Downtown merchants, Cuatro, affirming the name and residents and other stakeholders may branding of La Calle Cuatro and Calle come together to brand and market the Cuatro Marketplace. area. The City does have a process by which street names can be changed. An application is submitted, reviewed by the Planning Commission, and final approval is at the discretion of the City Council. 7. Support community- organized events The Municipal Code currently requires and programming in the downtown that the charge and collection of fees promote health, wellness, and culture related to applications, police overtime in the public's interest through costs, and insurance. Any process to establishing criteria and a procedure waive, provide scholarships or other for funding scholarships to cover fees funding mechanism would need to be associated with permits and public approved by the City Council and taken safety for "temporary outdoor activities" from a different program. and "special events" including in public The City does not control private and private parking lots. Establish an parking lots. application process that specifies criteria for eligibility to apply for City sponsorship of the events, using a variety of funding sources allocated through the City's strategic plan and /or discretionary funds. 8. Implement infrastructure improvements Through the Capital Improvement Plan, that promote safety, walkability, the city is making improvements cycling, family shopping trips, and related to safety, walkability, cycling access to food vendors including but and vehicular movement. Projects are not limited to improvements along prioritized and staff makes its Fourth Street from Ross to Grand, a professional recommendation to the street promenade on Sycamore City Council for adoption. Staff remains committed to providing the community CITY COUNCIL MINUTES 21 APRIL 7, 2015 1 OA -21 between Fourth and Fifth Street, and permanent route place- markers and wayfinding measures as recommended in the Downtown Santa Ana Wellness Corridor Strategic Plan and Downtown Transit Zone Complete Streets Plan. a. Organize a robust process for developing the City's capital improvements plan by collaborating with the community to adequately define the criteria used to prioritize projects aligned with community needs. Ensure that the arts master plan fi Wellness District gets shaped in a participatory process among the City, the downtown development liaison, the Arts Commission, and the community's local artists, while also involving the various community- serving organizations of the downtown, local businesses, and public schools in the vicinity. This arts master plan ought to be aligned with the infrastructure and beautification needs of the neighborhood - serving downtown businesses. The City should develop urban architectural design forums for certain areas within the community that require buildings and streetscapes to meet culturally relevant aesthetic standards also reflecting the city's heritage and cultural identity. with multiple opportunities to provide input and be involved in the development of its plans. There will be over eight opportunities for the public to provide input on the Trial Budget and the CIP. In March 2015, staff presented to the FEDT Committee on the wayfinding program and provided next steps. The City Council will be accepting grant funds in April 2015 that will be used for walkability and pedestrian amenities in the downtown including: 5 waste receptacles, 25 tree guards, 4 benches, 30 bike racks, and 4 intersection enhancements (final counts pending funding availability). The Arts and Culture Commission is currently reviewing the RFP for the Arts Master Plan. To the extent that the RFP development must remain an internal process so as not to provide vendors with working copies until it is finalized, the City will go through a thorough review process. This master plan will cover the entire City and not solely the downtown area. The plan will be inclusive to represent the diverse needs of the City. The City currently has a variety of design standards which ensure quality and promote aesthetic standards. These design standards pertain to all locations in the city and often to specific types of use. The City of Santa Ana's Design Guidelines and Development Standards is the result of a comprehensive analysis of the City's existing design and development guidance documents. The Guidelines contained within the document, which can be found on the City's website, consolidate the City's discretionary review documents and provide supplementary design guidance for issues not explicitly stated in the Santa Ana Municipal Code. CITY COUNCIL MINUTES 22 APRIL 7, 2015 1 OA -22 10. Pilot a system of community operated microfarms under a cooperative economic development model by providing a long term lease to Santa Ana Building Healthy Communities three sites of at least Yz acre size from the following lots: 114S. Bristol St., 124S. Bristol St., 410S. Bristol St., 414 S. Bristol St., 119S. Bristol St., 123S. Bristol St., 402S. Bristol St., 302S. Bristol St., 306 S. Bristol St., 310S. Bristol St., 314S. Bristol St., 318S. Bristol St, 430S. Bristol St., 434S. Bristol St., 438S. Bristol St., 442S. Bristol St., 446S. Bristol St., 502S. Bristol St., 508S. Bristol St., 510S. Bristol St., 514S. Bristol St., 518S. Bristol St., 522S. Bristol St., 830 N. Parton St., 900 N. Sycamore St., 1058 E. 1st. St., 621 N. Spurgeon St., 713 N. Spurgeon St., 414 N. Santa Ana St., 823 E. 1st. St. Santa Ana Municipal Code sections 2- 706 through 2 -710 provides for a public process to dispose of surplus real property. The City Council has to first identify the property as surplus and the public works director begins the process of listing the property for sale through an auction or listing with an agent. There are two exceptions for property adjacent to another parcel where the owner of the private parcel makes a case to purchase the adjoining parcel or where the city desires to sell the property to another public agency. There are no provisions for "giving the property away" for less than fair - market value. At the direction of the City Council, staff can look into whether or not it would like to pursue a micro farm program. The City does currently have community gardens at two park sites and also a collaborative project with SAUSD. Staff would need to further research any restrictions on the 30 property addresses proposed by Building Healthy Communities. Additionally, there would need to be a clear plan, agreements, policies, and proposal process as many of those sites are dirt lots any use would require extensive site improvements before the public would be able to enter. Options: • Approve one or more of the Building Healthy Communities Resolution elements /proposals • Request that staff continue working with Building Healthy Communities on their proposal and /or City Council direction The following spoke on the matter: Philip Escobedo, concerned with use of public funds and fiscal responsibility; supports Latino culture opined that proposal includes questionable findings; not sustainable without tax subsidy. CITY COUNCIL MINUTES 23 APRIL 7, 2015 1 OA -23 • Victor Payan, opined that proposal celebrates diversity, member of the wellness corridor steering committee; opposed to racializing issue. • Sandra Pocha Pena, opined that Wellness Corridor would promote economic development and may be huge financial future. • Omar De La Riva, proposed mercadito to sell economic goods would attract diverse community. • Ginelle Hardy, resident of Historical Heninger Park Neighborhood Association, opined that downtown revitalization should not overflow into residential areas. • Dave Hoen, concerned with findings included in proposed resolution and the suggested improvement to wellness. • James Kendrick, City not to ignore other cultures in the City; economics will drive area success; do not separate the cultural diversity in the community. • Sean Coolidge, supports dual recognition of downtown multi - cultural area and renaming 4th Street to Calle Cuatro; opined that Lofts could be Mercadito at the Depot with close proximity to train station and freeway access; also Farmer's Market celebrating 1 st anniversary. • Ana Urzua, supports proposal and request approval, opined that health disparities would be tapered; noted market study analysis. • Abel Ruiz, spoke in support of wellness corridor. • America Bracho, Chief Executive Officer of Latino Health Access, supports corridor; quoted poverty statistics and health correlation that would be improved with proposal. • Claudia Arellanes, supports corridor and Calle Cuatro renaming that unifies all people; submitted petition from 54 businesses in support of renaming. • Socorro Sarmiento, co- founder of Centro Cultural de Mexico, supports corridor, noted that Noche de Altares has been great success that brings people of diverse communities • Shyla Juarez, supports Wellness District and community gardens and submitted petition signed by 2,000 residents and community members. • Tery Saydak, supports Wellness District and community connection; area has community identity not typical in rest of Orange County • Evan Miles, supports Corridor and opined that its inclusive plan • Thomas Gordon, commented on proposed plan, concerned with safety and extensive graffiti in area; City has unfunded liability • Marcos Sefarino, questioned proposal he received that is not consistent with proposal outlined by City Manager. Council discussion ensued. Councilmember Benavides, thanked staff and members of the committee for meeting and discussing the issue; positive step in building bridges and look forward to compromise. Summarized matter: Economic Development and Wellness District would make positive contributions; City currently has business focused Economic Development Task Force that has sunset; long term opportunity is to consider CITY COUNCIL MINUTES 24 APRIL 7, 2015 1 OA -24 advisory committee that includes businesses and residents; micro farms and learning farms should be considered, some parcels may be considered for pilot project along Bristol widening area; receptive to mercadito concept to sell locally grown produce; housing concept being considered at Santiago and ?? with retail space to complement the Downtown; Calle Cuatro renaming would recognize Latino contributions; seek support for Plaza to be renamed Calle Cuatro Plaza and have Arts & Culture Commission consider matter; signage (way findings) should consider historical signs in area and throughout the City. Councilmember Amezcua, thanked staff for consideration; likes concept of mercadito; indicated that many issues need to be worked out. Councilmember Reyna, stressed that Strategic Plan approved by the City Council that does not include proposal; need to prioritize at upcoming retreat; City needs to have sustained change to make real difference; proposed universal joint use agreements with school district to expand services may address wellness component. Councilmember Tinajero, supports micro farms and long term sustainability, opposed to giving developers any breaks, agrees with pilot program and include Calle Cuatro be added under 4t" Street signs that will connect with our history; concerned with establishment of large advisory committee but needs to be inclusive; reported on increased sales tax revenue in the Downtown since the recession. Mayor Pro Tern Sarmiento, pointed out that City has made significant progress and going through economic cyclical movement; noted that proposal has many elements that are not related such as name changing and micro farms suggested compartmentalization; City eclectic and has celebrated diversity with Black History Parade, Tet Festival, to name a few. Mayor Pulido, reflected on improvements throughout the City including over 28,000 licensed businesses in the City; need to have myopic vision to compete with other cities; believes Streetcar will change the City as well as joint use agreements; suggested that wellness component include mobility concepts such as stationary bicycles. Councilmember Martinez, supports diversity and inclusivity with Main Street since it is a main thoroughfare; need to consider all areas of the City and Complete Streets that may address wellness, traffic, lighting, and safety - sustainability being key. Affirmed support for pilot project on micro farms, mercadito concept, renaming of Calle Cuatro; mural to be considered by Arts & Culture Commission; renaming Plaza to Calle Cuatro Plaza, noted that balance of issues to be included in Five -Year Strategic Plan; work with committee in addressing balance and bring resolution for Council consideration. Mayor Pulido noted that Council retreat scheduled in May; would be further discussed. CITY COUNCIL MINUTES 25 APRIL 7, 2015 1 OA -25 COMMENTS 90A. CITY MANAGER'S COMMENTS - None 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Reported that Governor Brown announced water rationing; consumption in Santa Ana below average; staff to assess drought resistant landscape, promote turf replacement program and water conservation programs; encouraged residents to continue to conserve. Councilmember Tinajero: • As member of the Orange County Sanitation District reported that water usage will change; urged all to conserve water. *Mayor Pro Tern Sarmiento left the meeting at 9:43 p.m. and Councilmember Tinajero left at 9:46 p.m. Councilmember Amezcua: • Look forward to continued discussion on Wellness Corridor. Councilmember Reyna: • Encouraged all to be water wise; • Request staff review water consumption of eucalyptus trees that is reported to be 30 gallons per day; staff to consider all options; and • Asked all to shop in Santa Ana! Councilmember Benavides: • Thanked speakers and staff for efforts; • Support local businesses. Mayor Pulido: • Urged all to conserve water and consider alternatives such as eating less beef — cattle requires over 4,000 gallons of water a year to produce 2 pounds of meat; • Micro climates need to be considered in water retention and use of aquifer - staff to develop ordinance supporting efforts; also Orange County Water District considering desalination system; and • Adjourned meeting in memory of Ben Grabiel and Antonio Contreras. CITY COUNCIL MINUTES 26 APRIL 7, 2015 1 OA -26 ADJOURNED- 9:54 P.M. - The next meeting of the City Council is scheduled for Tuesday, April 21, 2015 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 Ben Grabiel and Antonio Contreras Maria Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Proactive Rental Enforcement Program Renew • 2015 -2016 Budget Adoption • Mater Dei High School Parking Structure and School Expansion Project CITY COUNCIL MINUTES 27 APRIL 7, 2015 1 OA -27 1 OA -28 CITY OF SANTA ANA COUNCIL COMMITTEE MEETING AGENDA DEVELOPMENT AND TRANSPORTATION COMMITTEE THURSDAY, APRIL 2, 2015 5:00 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Vincent Sarmiento, Chairperson Michele Martinez, Vice Chairperson David Benavides Recording Secretary: Rosa Barela PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes - February 26, 2015 Special Meeting 2. Streetcar Project Update — David Cavazos {Strategic Plan Nos. 6, 1 G; 3, 2C} 3. Update on YMCA Exclusive Negotiating Agreement — Scott Kutner {Strategic Plan No. 3, 5A} 4. Third & Broadway Update — Developer Selection Panel Results and Next Steps — Kelly Reenders {Strategic Plan No. 3,5A) 5. Community Engagement Plan Update — Vince Fregoso {Strategic Plan Nos. 5, 3A} 6. Discussion on the Extension of the Metro East Mixed Use Overlay Zone - Vince Fregoso {Strategic Plan Nos. 5, 1A; 5, 1H; 3, 2A; 3, 2131 7. Drought Update — Nabil Saba {Strategic Plan No. 5, 6F} 8. Discussion on the Proposed Capital Improvement Program /Transportation Component — William Galvez {Strategic Plan Nos. 3, 2C; 3, 4A; 5, 613; 6, 1 B; 6, 1 C} If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, i Vincent F. Sarmienlo, i Michele Martinez, i Angelica Amezcua, ; P. David Benavides, ; Roman Reyna, i Sal Tinajero, Mayor i Mayor Pro Tem, Ward 1 Ward 2 j Ward 3 j Ward 4 Ward 5 Ward 6 Mpold.atsentn -snsnm ysa"Ientoasantaana.ora mm.dhei®santa- ana.ora i Mmezcua(rdsanla ana.om OBenavdaspuanaan RRS,,Dein n', ora STlnalam(v]sen�a -ene.o City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714 -647 -6900 • Agenda Item Inquiries: 714- 647 -6620 s Website: www.santa- ana.org 13A -1 STAFF COMMENTS COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT — The next meeting is scheduled for Thursday, July 2, 2015 at 5:00 p.m. The complete Strategic Plan document is available at http ./Lwww.sonta- ana.orgjstrateaic- planning/ DEVELOPMENT & TRANSPORTATION COMMITTEE AGENDA 2 APRIL 2, 2015 13A -2 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Special Meeting Minutes February 26, 2015 CALL TO ORDER The meeting was called to order at 5:02 p.m. in Room 1600 of the City Hall Ross Annex, ATTENDANCE The following Committee Members were present: Vincent Sarmiento, Michele Martinez Absent: David Benavides Staff present were: David Cavazos, City Manager; Vince Fregoso, Interim Executive Director /Planning & Building Agency; Fred Mousavipour, Executive Director /Public Works Agency; Robert Cortez, Special Asst. to the City Manager; Scott Kutner, District Manager; Taig Higgins, Principal Civil Engineer; Michael Ortiz, Assistant Engineer; Jorge Garcia, Senior Management Assistant; Alvaro Nufiez, Community Preservation Manager; and Rosa Barela, PBA Executive Secretary. PUBLIC COMMENTS — None AGENDA ITEMS APPROVAL OF MINUTES A. September 30, 2014 Special Meeting B. November 6, 2014 Meeting Motion by Vice Chair Martinez and seconded by Chairman Sarmiento to approve the minutes and approved unanimously by a vote of 2:0 ( Benavides absent). Taken out of Agenda Order 2. UPDATE ON YMCA EXCLUSIVE NEGOTIATING AGREEMENT {Strategic Plan No. 3, 5A} Scott Kutner introduced Nancy Loughrey, Taller San Jose Director of Finance and Operations and provided background information on the Exclusive Negotiating Agreement effective November 12, 2014, with St. Joseph Health and Taller San Jose for the YMCA building. He noted the developer submitted supporting material as required within 90 days in early February. Staff now has 90 days to analyze the material and come back with a recommendation to the Council. The agreement also provides for the City Manager to request an extension of an additional 180 days if necessary. Noted staff is currently evaluating the information and there are some additional follow up investigations that are necessary. Staff will keep members of the Council apprised as we receive conclusions and have additional recommendations. Staff is looking at mid -May for staff to complete their review. 13A -3 Vice Chair Martinez noted this project is a one of the top priorities for the Council and reiterated that we need to make sure we are moving as quickly as possible to get them going, noted support from Council and if any issues arise to notify the Council immediately and if staff needs an extension adding to be proactive. David Cavazos noted the item can be placed on every Council Committee agenda to keep Committee members updated on the project. Nancy Loughrey noted they are excited to be in the process, noted there are many issues they are working through and they have engaged an architect to work on the design issues on how they can use the building and expect to have hard numbers in a couple of months. Vice Chair Martinez noted there are a couple of bills at the State level with regards to financing noting there may possibly be tools for the City to utilize and keep that in mind and research on how we would be able to assist in any way. 3. ELKS LODGE UPDATE — EXPLORATION OF JOINT DEVELOPMENT OPTIONS FOR A PORTION OF THE SANTA ANA ZOO AND THE PROPERTY OWNED BY THE ELKS LOCATED ON THE WEST SIDE OF ELKS LANE {Strategic Plan No 3, 5A) Vince Fregoso provided an update on the Elks Lodge, noting on February 17, 2015, the Council approved a Memorandum of Understanding (MOU) between the City and the Elks to continue discussions on potential redevelopment of the site and joint use of the Elks property and the Santa Ana Zoo property. He noted staff met with a potential developer for the Elks but do not have a plan as of yet. The next step is for the Elks to select a developer and partner with them and do due diligence, research and analysis on how to get a good project for the City and Elks, and noted Larry Kosmont is working on this project. Vice Chair Martinez commented on financial opportunities from the State, noted the First Street Corridor is vital, noted the need to be open - minded and looking at the opportunities that we can present to these partners from an incentive perspective, noted the need to move beyond and make sure we present incentives to retain and attract developers to provide quality projects in the city. Mr. Cavazos noted one of the benefits of the projects is there is a lot of public right of way and the dedication of Elks Lane and possibly make a joint entrance to the Zoo and the project. Mr. Fregoso noted staff will work with Kosmont & Associates to help identify some financial incentives and will explore all avenues for getting the right incentives in place for the best possible project. Peter Katz, resident, suggested to consider developing a condominium project on that site that would require association dues with a percentage of those fees go towards maintaining the upkeep of the Zoo and built right into the sale price of those units. Development & Transp.Council Committee Minutes 2 February 26, 2015 13A -4 4. FUTURE ROLES AND RESPONSIBILITIES OF ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) {Strategic Plan No. 5,4} Taig Higgins noted ETAC serves as an advisory body on issues related to trees in the right of way as well as transportation, solid waste & resources and in 1999 the city adopted an ordinance that narrowed the scope of responsibilities to tree planting, removal and associated duties. Staff met with an Ad Hoc Committee of ETAC to discuss roles and responsibilities and possibly re- establish some of those roles such as establish planting trees in the public right of way, establish trees for blocks and neighborhoods, and be involved in major transportation programs such as the Circulation Element and Complete Street Standards. Noted the next step is to receive the recommendation from the Ad Hoc Committee, incorporate those with staff's, and present to Mayor and Council. Vice Chair Martinez noted the importance of an advisory board or commission to the Council, requested once the ETAC Ad Hoc Committee submits their suggested roles and responsibilities to compile it with staff's suggested roles, review by staff and City Manager and then forward to the Mayor and Council to augment, add or omit responsibilities. She noted she wanted to make sure they have the right roles within transportation planning process, adding the Capital Improvement Program should be reviewed by ETAC, to play a vital role in Active Transportation, as well as the Climate Action Plan in making sure the goals & objectives are met which is mandated by the Sustainable Communities Strategy and tied to the Regional Transportation Plan by the State. Noted she sits on the Mobile Source Air Pollution Reduction Review Committee (MSRC) who is responsible for distributing $31 million for private action and reduction of greenhouse emissions whose funds come from vehicle registration fees and mandated by the State legislature, inquired how much the City is receiving in funding and what we are doing with those funds and how we can leverage and match those to meet our goals and objectives within our Climate Action Plan, noting when dealing with the environment there are monies being brought to the city, and wanting to make sure ETAC's role is one of importance. Chairman Sarmiento noted he is supportive of expanding ETAC's roles and responsibilities, noted the importance of the Commission structure and value of public input on transportation and environmental issues, noted he'd like to see item come back for further discussion. Carl Benninger, ETAC Vice Chair and member of the Ad Hoc Committee, noted the Committee met on February 16 and will be submitting their recommendations to the city for Council review and comment. Tom Morrissey, ETAC Member and member of the Ad Hoc Committee, noted the value of the Committee and the benefits to the city including at their urging they changed the landscaping on Bristol Street to drought tolerant landscaping as opposed to artificial turf. Development & Transp. Council Committee Minutes 13A-5 February 26, 2015 Julie Stroud, resident, noted she previously served on ETAC, requested some sort of educational opportunities for residents, noted previous projects such as the composting program and commented that ETAC needs to look at the treescape of streets and keep the same type of trees on the street and not plant other types of which some residents have donee Mr. Cavazos noted the report from ETAC Ad Hoc Committee will be forwarded to Council as soon as report is received either Friday or Monday. Staff will review and will place on a future Council meeting for direction. COMMITTEE MEMBER COMMENTS Vice Chair Martinez: • Noted the importance to move forward with Circulators and possibly begin at The Depot, proceed to the Downtown, Civic Center, Main Place Mall, Discovery Science Center, Bowers Museum and circle back; wanting to do more complete streets and also along First Street by the Elks Club & Zoo, noted people who to take the train need to find a way to their destination by riding their bike, take Uber or Lyft or ride on a Circulator to move forward on this before the street car and hoping to agendize this item to see how we can move forward and make this happen and possibly provide funding through MSRC with matching funds from the city • Noted the OCTA Bike Share program in Fullerton has been terminated and noted the possibility of the city buying the bikes from OCTA • Noted she has the opportunity to bring funding from the MSRC Committee and needs to know exactly what money the city has that is coming down the pipeline from the State to see how we can leverage and maximize our opportunity to provide a true multimodal system • Asked that staff provide more detailed information to the Mayor and Council on the Active Transportation efforts so they are aware of the projects staff is working on and what type of grants they will be applying for and an update on the Circulation Element • Noted the need to make Safe Mobility a top priority with the recent pedestrian fatality to make sure as we move forward to continue to do whatever we can to eliminate incidents, noted she is pleased with those who are completing survey and to get information out through the media and the importance to also have a relationship with the Latino and Vietnamese media Chairman Sarmiento: • Noted the Anaheim Resort Transportation (ART) bus has a stop at MainPlace Mall, noted the city had previously had a red trolly and maybe that is something to revisit and possibly bring before the Economic Development Committee, and noted to possibly include stops at South Coast Plaza and Main Place • Noted a future item for discussion is the First Street Overlay on the possibility of extending the Metro East Overlay Zone to incorporate First Street from the 1 -5 Freeway to Grand Avenue • Noted another item for discussion is to bring back the Willowick Golf Course noting the City of Garden Grove approached him indicating they would like to discuss • Noted for pedestrian safety he spoke with Julie Stroud who suggested a way to off -set costs is to do more enforcement and citations for jaywalkers Development & Transp. Council Committee Minutes 4 February 26, 2015 13A -6 Peter Katz suggested a tax on top of a bed tax for funding of a trolly similar to a special tax that Garden Grove and Anaheim created for the Tourist Information District (TID); and suggested a 500 foot strip "Stop Sign Ahead" be placed at south -bound lane of Cabrillo Park Drive before Fruit Street for drivers noting people unfamiliar with the winding street are driving fast and a sign would prevent accidents at the intersection. FUTURE AGENDA ITEMS • Circulators in the Downtown Area • First Street Overlay Zone • Willowick Golf Course Vince Fregoso, IA CP Interim Executive Director Planning & Building Agency rb:Council Comm\Devel & Transp =02 -26 -15 Devel & Transp CC Minutes Development & Transp: Council Committee Minutes 134-7 _7 February 26, 2015 13A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR MARCH 2015 (STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®t Reading ❑ Ordinance on 2nt Reading ❑ Implementing Resolution ❑ Set Public Hearing Far CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for March 2015. DISCUSSION The March 2015 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. The Strategic Plan Monthly Reports are available on the City's website at: hftp://www.santa-ana.org/strategic-planning/ 19C -1 19C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JANUARY 2015 — MARCH 2015 (STRATEGIC PLAN NO, 5,3) �So Y� , L'�LCITY MANAGER RECOMMENDED ACTION Receive and file. CLERK OF COUNCIL USE ONLY: 20 r ❑ As Recommended ❑ As Amended ❑ Ordinance on 1n' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Publlc Headng For CONTINUED TO IClt�aunm� COMM4 NIIY REDEYELOPIENT AND HOUSING COMMISSION ACTION At its regular meeting on April S, 2015, by a unanimous vote, the Community Redevelopment and Housing Commission approved the recommended action. DISCUSSION The status report for the quarter ending on March 31, 2015 provides statistics for the day -to -.day affordable housing activities, The report is divided into three sections: Loan Activity, Loan Portfolio Management and Monitoring, and Development Projects, Loan Activity Applications The Housing Division offers several different programs including homebuyer down payment assistance and rehabilitation loans for historic single - family, single- family and mobile homes. Inquiries are received from the public and applications are mailed out and received for these programs on a continuing basis. Luring this quarter, staff reviewed and processed three Loan Subordination requests. Table 1 shows the number of Inquiries, applications sent out, received and approved by type for the quarter and the total fiscal year. 19D -1 Quarterly Report Housing Division Projects and Activities (Oct — Dec 2014) Page 2 Table 1; Applications Sent glut, Received & Approved Program Inquiries Applications Sent Out Applications Received Applications A P roved Q3 Total FY Q3 I Total FY Q3 Total FY Q3 Total FY Single- amil Rehabilitation 31 69 22 44 3 8 2 7 Mobile Home Rehabilitation 2 10 1 4 1 2 0 2 Homeownership 46 322 37 165 5 1 12 5 _9 9 Rehabilitation Loan Underwriting and Approval Process Staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to ensure compliance with program guidelines and requirements established by the funding source, In addition, staff conducts an inspection of the property, prepares a work write up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be In underwriting several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for execution, and reserves the required loan funds. Construction Process During this phase, homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work an their homes. Each homeowner is given a list of contractors that have been screened by staff for license and insurance requirements, However, homeowners are allowed to select any contractor that meets these same requirements. Staff assists the homeowners In selection of a contractor, monitors the construction work, approves payments to contractors, and tracks expenditures to ensure they do not exceed available funds. At the end of this quarter, there were three homeowner rehabilitation projects out to bid, four under construction, and two were completed, Homeownership Marketing and Approval Process During this quarter, staff presented a workshop at the Wilshire Square Neighborhood Association Meeting which was attended by 30 individuals. Staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by the U.S Department of Housing and Urban Development (HUD). Applicants must meet established Income requirements, complete an eight- hour pre - purchase counseling program from a HUD- approved agency, be pre - qualified for a first mortgage and have a minimum of three percent of the purchase price from their own savings. Other HUD requirements apply, including the previous maximum sales price of $390,000 for a single family home or condo or $443,000 for a newly constructed condo or home. Effective April 19D-2 Quarterly Report Housing Division Projects and Activities (Oct — Dec 2014) Page 3 13, 2015, the new maximum purchase price as published by HUD Is $486,000 for an existing single family home or condo or $560,000 for a newly constructed condo or home. Additionally, the property needs to be in good condition and pass an Inspection by staff, Loan Portfolio Management & Monitoring The Housing Division is responsible for ensuring the integrity of the residential loan portfolio. As of the end of this quarter, the principal balance was $112,459,066. This is comprised of 438 loans of which 417 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $63,238 in payments of principal and Interest during the quarter. Table 2: Portfolio Revenue Monitoring As part of the requirements for these funds, staff must monitor the owner - occupancy for single family homes that have received loans, and the code compliance of units in rental projects with long -term affordability covenants. During this quarter, 34 owner occupancy recertification letters were mailed; 26 were returned and processed, Staff also audited files for 126 units in 73 projects, and conducted code compliance inspections for 124 units in 63 projects. Regulations require that only a sample be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure they also meet municipal code requirements. The majority of the inspected units as well as the grounds and common areas were found to be in compliance at the time of initial inspection. Some of the units had observable deficiencies, including loose toilets, inoperative burners, inoperative heaters, faulty QFCI outlets, inoperative smoke alarms, and carbon monoxide detectors. All of the deficiencies were repaired and the units were found to be in compliance at the time of the subsequent re- inspection, Development Projects NSF' 1, 2 and 3 Programs 19D-3 3` Quarter Total FY Loan Payoffs $28,987 $386,072 Residual Receipts Payments $0 $138,660 Amortized Loan Payments $33,251 $1071442 Total $63,238 $632,174 Monitoring As part of the requirements for these funds, staff must monitor the owner - occupancy for single family homes that have received loans, and the code compliance of units in rental projects with long -term affordability covenants. During this quarter, 34 owner occupancy recertification letters were mailed; 26 were returned and processed, Staff also audited files for 126 units in 73 projects, and conducted code compliance inspections for 124 units in 63 projects. Regulations require that only a sample be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure they also meet municipal code requirements. The majority of the inspected units as well as the grounds and common areas were found to be in compliance at the time of initial inspection. Some of the units had observable deficiencies, including loose toilets, inoperative burners, inoperative heaters, faulty QFCI outlets, inoperative smoke alarms, and carbon monoxide detectors. All of the deficiencies were repaired and the units were found to be in compliance at the time of the subsequent re- inspection, Development Projects NSF' 1, 2 and 3 Programs 19D-3 Quarterly Report Housing Division Projects and Activities (Oct — Dec 2014) Page 4 The City's intermediaries; ANR Industries, Orange Housing Development Corporation, and C &C Development, continue to look for eligible properties. The acquisition of a single - family home located at 1235 S. Cypress closed escrow in August 2014 and the rehabilitation was completed In March 2015, Multi - Family Acquisition/ Rehabilitation Projects 940 Minnie, LP completed the acquisition of a multi - family property located at 940 S. Minnie Street. The developer has completed the process of relocating their tenants and is out to bid. Rehabilitation Is expected to commence in May 2015. Once the rehabilitation is complete, the property will yield eight affordable rental units consisting of 4 one - bedroom units, 2 two - bedroom units and 2 three- bedroom units. In -Fill Development Projects Habitat for Humanity of Orange County completed the construction of one single-family dwelling located at 793 Concord Street. The completion of another home located at 1314 N. Eastwood Avenue is expected in April 2015. 793 Concord Street was sold to a qualified homebuyer with escrow closing February 2015. Habitat for Humanity of Orange County also commenced the construction of two single-family homes located at 4106 and 4110 W, McFadden Street. Depot at Santiago (70 -Unit Affordable Rental Housing Development) An application for the first round of a 9% tax credit was submitted by the developer. The Developer was awarded an infrastructure grant from the Infill infrastructure Grant Program (IiG) in the amount of $2,000,000. 815 N. Harbor (70- tfnttAffiordable Rental Housing Development) An application for a 4% tax credit was submitted by the developer. Santa Ana Station District — For Sale (25 Affordable Homes) Construction of the homes is complete. The developer, City Ventures Homebuilding LLC, expects to have all of the homes sold by the beginning of April 2015, SIRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City to meet Goal #5 Community Health, Livability, Engagement & Sustaindbility, Objective #3 (Facilitate Diverse Housing opportunities and Support Efforts to Preserve and improve the Livability of Santa Ana Neighborhoods). 19D-4 Quarterly Report Housing Division Projects and Activities (Oct — Dec 2014) Page 5 t There Is no fiscal impact associated with this action, Kelly Reeq erd' Executive( irector Community Development Agency KR/NV /rllsb 19D -5 19D-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21,:2015 TITLE: CONSOLIDATED FIVE -YEAR PLAN AND ANNUAL ACTION PLAN (STRATEGIC PLAN NO. 6,1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: T`•G• k ❑ As Recommended ❑ As Amended ❑ Ordinance on 13� Reading ❑ Ordinance on 2jd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the 2015 -2016 Five -Year Consolidated Plan and Annual Plan and authorize the submittal to the U, S. Department of Housing and Urban Development, At its regular meeting on March 25, 2015, by a vote of 4:0 (Sandoval absent), the Community Redevelopment and Housing Commission recommended to approve the 2:015 -2016 Five -Year Consolidated Plan and Annual Plan and authorize the submittal to the U, S. Department of Housing and Urban Development (HUD), DISCUSSION Every five years the City of Santa Ana ( "City ") must submit its Consolidated Five -Year Plan (Exhibit 1) to HUD to receive funding from various formula grant allocation programs administered by HUD. These funds provide for affordable and supportive housing, community development programs, public services and economic opportunities, The programs include the Community Development Black Grant (CDBG), the HOME Investment Partnership Grant (HOME), and the Emergency Solutions Grant (ESG). The Consolidated Five -Year Plan (Plan) outlines a strategy with which the City intends to achieve and Identifies the objectives and outcomes to be accomplished over the next five years, The Plan also Includes the first of five Annual Action Plans that will be prepared during the five -year period covered by the Plan. The Annual Action Plan describes the intended use of the entitlement grants for fiscal year 2016 -2015, The City's current allocation for fiscal year 2016 -2016 is as follows: 19E -1 Consolidated Five -Year Plan /Annual Plan April 21, 2015 Page 2 For fiscal year 2015 -2016, the City proposes to expend current HUD allocations, estimated program income, and reprogrammed federal funds as follows; HUD regulations require that the draft Consolidated Five -Year Plan and Annual Action Plan be made available for a 30 -day public review and comment period. On February 25, 2015, notification was published in the Orange County Register that the draft plan was available for review beginning March 9, 2015, and that the public hearing would be held on March 25, 2015, It was also noticed in Miniondas and Nguoi Viet as well as on the City's website, The 30 -day public comment period concluded on April 7, 2015, at 4pm. Three community meetings were held in October 2014 to solicit public input. All comments received at those meetings are incorporated into the document. In accordance with Federal regulations, all neighboring jurisdictions were also informed of the draft's availability for review, All comments received, Including all funding recommendations made by the City Council, will be included in the final document, which is due to HUD no later than May 15, 2015, STRATEglq PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 19E -2 FuNDING SOURCE Public Faolllty Improvements streets & arks CDBG $4.227,790 Code Enforcement — Enforcement of housing & municipal bullding codes CDBG $849,655 Public Services CDBG $815165 CDBG Administration & Planning — Program administmtlon, fair housin counsalln planning CDBG $1,088,$75 CDBG Down Pa mentAssistance COBB 120,000 Housin Rehabilltation - -Sin le- &Multi -Famil Housin Rehab ODBG $1,200000 New Business Start-Up Micro Enter rise Pro ram CDBG $75,000 Street Outreach ESG $97,250 Shelter ESG $18 '696 Homeless Prevention ESG $83,250 Rapid Re- housing ESG $87,250 ESG Administratlon — Program oversight ESG $37,171 ESG Data Collection Management ESG $30,000 HOME Administration -- Program oversight HOME $107,337 HOME CHDO HOME $161,006 HOME Down Payment Assistance HOME $280,000 HOME New Construction HOME $842,430 HOME Single Family Housing Rehabilitation HOME $200,000 HUD regulations require that the draft Consolidated Five -Year Plan and Annual Action Plan be made available for a 30 -day public review and comment period. On February 25, 2015, notification was published in the Orange County Register that the draft plan was available for review beginning March 9, 2015, and that the public hearing would be held on March 25, 2015, It was also noticed in Miniondas and Nguoi Viet as well as on the City's website, The 30 -day public comment period concluded on April 7, 2015, at 4pm. Three community meetings were held in October 2014 to solicit public input. All comments received at those meetings are incorporated into the document. In accordance with Federal regulations, all neighboring jurisdictions were also informed of the draft's availability for review, All comments received, Including all funding recommendations made by the City Council, will be included in the final document, which is due to HUD no later than May 15, 2015, STRATEglq PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 19E -2 Consolidated Five -Year Plan /Annual Plan April 21, 2015 Page 3 FISCAL IMPACT There is no fiscal Impact associated with this action, 'Wk<_A X - Kelly Reend Executive Director Community Development Agency KR/TE /sb Exhibit: 1. Consolidated Five -Year Plan and Annual Plan 19E -3 19E -4 The Five -Year Consolidated Plan and Annual Plan can be found on the City's internet at: http: / /www.santa- ana.org /cda /. In addition, a copy is on file in the Office of the Clerk of the Council, the Community Development Agency and at the Main Library for public inspection during regular business hours, 8:00am- 5:00pm., Monday — Thursday. WOM 19E -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: COOPERATIVE AGREEMENT WITH OCTA FOR IMPLEMENTATION OF THE BRISTOL STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 156829) AND AMENDMENT TO THE FY 2013/2014 CIP (NON - GENERAL FUND) (STRATEGIC PLAN NO. 6, 1, B) 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the Orange County Transportation Authority, subject to nonsubstantive changes approved by the City Manager and City Attorney, to implement the Bristol Street Corridor Traffic Synchronization project, and establish the City's share of the project matching funds to be $254,835. 2. Amend the Fiscal Year 2013/2014 Capital Improvement Program by approving an appropriation adjustment rescinding the Measure M2 Competitive funding appropriation in the amount of $962,000 for the Main Street Corridor Traffic Signal Synchronization project. 3. Approve the reallocation of $250,000 in Measure M2 Local Fair Share funds from the Main Street Corridor Traffic Signal Synchronization project to the Bristol Street Corridor Traffic Synchronization project. DISCUSSION On October 21, 2013, the City Council authorized staff to submit joint applications with the Cities of Costa Mesa and Newport Beach to the Orange County Transportation Authority (OCTA) for funding consideration of the Bristol Street Corridor Traffic Synchronization (Bristol Street Synchronization) project. This regional, inter - jurisdictional traffic signal synchronization and improvements project runs from State Route 22 in Santa Ana to Jamboree Road in Newport Beach. In April 2014, the OCTA Board approved funding for the Bristol Street Synchronization project from the renewed Measure M2 Regional Traffic Signal Synchronization Program. While OCTA will act as lead agency for the project, a cooperative agreement is needed to identify the roles and responsibilities of OCTA and the participating agencies, and provide for OCTA oversight to maintain inter - jurisdictional synchronization on the project during the three -year grant period. Upon project completion, responsibility for ongoing signal maintenance will revert to the respective local agencies. The Measure M2 grant provides $1,884,620 for the project and the participating agencies provide $471,155 in matching funds. 20A -1 Cooperative Agreement for Bristol Street Traffic Signal Synchronization Project April 21, 2015 Page 2 City of Santa Ana's share of the matching funds is $254,835, of which $223,450 is a cash match and $31,385 is staff support. In the Fiscal Year 2013/2014 Capital Improvement Program (CIP), Council approved the Main Street Corridor Traffic Signal Synchronization (Main Street Synchronization) project in the amount of $1,212,000, funded with $962,000 in OCTA Measure M2 competitive grant funds and $250,000 in Measure M2 fair share matching funds. However, due to local business concerns that the project might increase speeding in the South Main area, the project was withdrawn. Speeding concerns on Main Street will be addressed in a subsequent Safe Mobility study and traffic volumes will be re- evaluated before finalization of the Circulation Element update. The $250,000 in matching funds that had been budgeted for the Main Street Synchronization project will be reallocated to the Bristol Street Synchronization project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT With the deletion of the Main Street Corridor Traffic Signal Synchronization project from the FY 13/14 CIP, $250,000 in Measure M2 Local Fairshare funds will be available for reallocation to the Bristol Street Corridor Traffic Synchronization Project. The appropriation adjustment rescinds the appropriation of Measure M2 Competitive funding for the Main Street Synchronization project by decreasing the allocation of $962,000 in the Measure M Street Construction revenue account (03217002- 52332) and in the corresponding Measure M2 Competitive Street expenditure account (03217663- 66220, Project 14- 6816), 1,r Fred Mousavipour ` Executive Director Public Works Agency FM:EWG:vn Exhibit: 1. Cooperative Agreement APPROVED A$ TO FUNDS AND ACCOUNTS: Executive Director` Finance & Management Services Agency 20A -2 11 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 COOPERATIVE AGREEMENT NO. C- 4.1882 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY UILL 7 CITIES OF COSTA MESA, NEWPORT BEACH, AND SANTA ANA FOR BRISTOL STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this _ day of , 201_, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863 -1584, a public corporation of the State of California (herein after referred to as "AUTHORITY') and the cities of Costa Mesa, Newport Beach, and Santa Ana (hereinafter referred to as "PARTICIPATING AGENCIES') each individually known as "Party" and collectively known as the "Parties ". RECITALS: WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program Project P (Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, the AUTHORITY has completed the competitive 2014 Call for Projects (hereinafter, "2014 CALL ") in support of Project P and awarded Project P funds based on the application (hereinafter, "APPLICATION ") prepared by the City of Costa Mesa (hereinafter referred to as the "APPLICANT AGENCY ") for implementation of signal synchronization of traffic signals along Bristol Street (hereinafter, 'PROJECT'); and WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry out PROJECT; and Page 1 of 16 20A -3 COOPERATIVE AGREEMENT NO. C -4 -1882 BRISTOL STREET — TSSP 1 WHEREAS, the PROJECT will include approximately forty -five (45) traffic signalized 2 intersections as identified in the APPLICATION; and 3 WHEREAS, the PROJECT will include elements identified in the APPLICATION including 4 certain hardware and software upgrades to intersection traffic controller units, traffic telematics and 6 intertie systems, Advanced Transportation Management Systems (ATMS), and other associated 6 systems (hereinafter collectively referred to as "ITS ELEMENTS "), which will be constructed and/or 7 Installed and implemented as part of the PROJECT as identified in the APPLICATION; and 8 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to 9 coordinate the inclusion of other traffic control elements (OTHER ELEMENTS) that should be 10 installed at the same time as the construction of the PROJECT and are not a part of this Agreement; 11 and 12 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS are the sole 13 responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the course 14 of the project; and 15 WHEREAS, based on the APPLICATION, the AUTHORITY agrees to implement the 16 PROJECT; and 17 WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide 18 PROJECT funding in a combined cash match and in -kind services match of Four Hundred Seventy - 19 One Thousand One Hundred Fifty -Five Dollars ($471,155.00), or equivalent to twenty percent (20 %) of 20 the PROJECT cost, as shown in Attachment A; and 21 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 22 Agreement to implement the PROJECT in support of Project P; and 23 WHEREAS, this Agreement defines the specific terms, conditions and funding responsibilities 24 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the 25 PROJECT. 26 WHEREAS, the Authority's Board of Directors approved funding for the PROJECT and Page 2 of 14 20A -4 COOPERATIVE AGREEMENT NO. C- 4.1882 BRISTOL STREET — TSSP 1 authorized the Chief Executive Officer to negotiate and execute this cooperative agreement on April 8, 2 2013. 3 WHEREAS, the CITY of Costa Mesa's City Council approved this Agreement 4 on the _ day of , 20 5 WHEREAS, the CITY of Newport Beach's City Council approved this Agreement 6 on the _ day of 20- 7 WHEREAS, the CITY of Santa Ana's City Council approved this Agreement 8 on the day of 20_ 9 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the 10 PARTICIPATING AGENCIES as follows: 11 ARTICLE 1. COMPLETE AGREEMENT 12 A. This Agreement, including any attachments incorporated herein and made applicable by 13 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this 14 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior 15 representations, understandings, and communications between the parties. The invalidity in whole or in 16 part of any term or condition of this Agreement shall not affect the validity of other term(s) or 17 conditions(s) of this Agreement. The above referenced Recitals are true and correct and are 18 incorporated by reference herein. 19 B. AUTHORITYS' failure to Insist on any instance(s) of PARTICIPATING AGENCIES' 20 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 21 relinquishment of AUTHCRITY's right to such performance or to future performance of such term(s) or 22 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force 23 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except 24 when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a 25 written amendment to this Agreement and issued in accordance with the provisions of this Agreement. 26 Page 3 of 14 20A -5 COOPERATIVE AGREEMENT NO. C -4 -1882 BRISTOL STREET — TSSP 1 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's 2 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 3 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of 4 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force 5 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING 6 AGENCIES except when specifically confirmed in writing by an authorized representative of 7 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in 8 accordance with the provisions of this Agreement. 9 ARTICLE 2. SCOPE OF AGREEMENT 10 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the 11 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree 12 that each will cooperate and coordinate with the other in all activities covered by this Agreement and 13 any other supplemental agreements that may be required to facilitate purposes thereof. 14 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 15 AUTHORITY agrees to the following responsibilities for funding of the PROJECT: 16 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the 17 APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures 18 contained in the CTFP Guidelines. 19 B. AUTHORITY shall provide oversight in order to maintain inter - jurisdictional traffic signal 20 operational integrity between PROJECT and other similar existing and new M2 Project P funded 21 projects not older than 3 years. 22 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation 23 necessary to comply with California Environmental Quality Act (CEQA) regulations for PROJECT. 24 D. AUTHORITY shall perform web -based public outreach activities for the project to 25 communicate major project milestones and results. 26 Page 4 of 14 20A -6 COOPERATIVE AGREEMENT NO. C•4.1882 BRISTOL STREET — TSSP 1 E. AUTHORITY shall provide formats, templates, and guidance In reporting requirements 2 as described in Comprehensive Transportation Funding Program (CTFP). 3 F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon close -out of 4 PROJECT, may perform a technical and /or field review to ensure that the CTFP Guidelines, policies, 5 and procedures were followed. Such a review may be performed one hundred and eighty (180) days 6 after the PROJECT three (3) year grant period is complete. If the technical and or field review 7 determines that any of the activities performed are ineligible for CTFP funding, PARTICIPATING 8 AGENCIES must reimburse and return the amount of funding used to perform the ineligible activity to 9 AUTHORITY. 10 G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in the 11 PROJECT 2014 CALL APPLICATION and Attachment A for the dollar cash match at the start of the 12 PROJECT or at a mutually agreed upon time to facilitate any respective AGENCY funding 13 timeframes. 14 H. AUTHORITY shall request updates on the PROJECT as part of semi - annual review 15 process, including documentation of in -kind match conforming to Attachment A and will include the 16 PROJECT in the list of active projects in OCfundTrAcker until completion of the three (3) year grant 17 period. Documents to be provided include, but are not limited to, payroll records, contracts, and 18 purchase orders. 19 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCX 20 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the 21 implementation of the PROJECT: 22 A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, 23 procure, and complete the PROJECT as identified in Attachment A. 24 B. To coordinate outreach with the PARTICIPATING AGENCIES for the PROJECT. 25 C. To collect all data necessary to provide new optimized timing plans including but not 26 limited to manual intersection all movement counts and automated machine traffic and vehicle Page 5 of 14 20A -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 COOPERATIVE AGREEMENT NO. C- 4.1882 BRISTOL STREET — TSSP classification counts. D. To develop and implement raw timing plans optimized for signal synchronization. E. To provide updated timing plans 'for all control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCIES. F. To prepare a "Before and After Study" for the PROJECT as described in the Measure M2 Eligibility Guidelines adopted by the AUTHORITY. The 'Before and After Study" for the project is considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section B.111.9) for the PROJECT. The AUTHORITY shall provide the 'Before and After Study" to the PARTICIPATING AGENCIES in draft and final formats for review and comment. AGENCY comments shall be noted in the final study. If specified in original PROJECT APPLICATION, the AUTHORITY shall provide a "Before and After Study" video of a representative portion of PROJECT. ARTICLES. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES: The PARTICIPATING AGENCIES agree to the following responsibilities for implementation and funding of the PROJECT: A. Provide a technical representative to meet and participate as a member of the PROJECT's Traffic Forum. B. To authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT. C. To participate and support the PROJECT implementation within the timeframe outlined in the APPLICATION and consistent with the CTFP Guidelines adopted by the AUTHORITY. D. To provide the AUTHORITY all current intersection, local field master, and /or ATMS timing plans and related data upon request. E. To provide the local cash match and /or documentation for the in-kind services match for the PROJECT in accordance with Attachment A. Failure to provide included local cash match and /or evidence of in -kind services match may result in the loss of future participation for competitive Page 6 of 14 20A -8 COOPERATIVE AGREEMENT NO, C -4 -1882 BRISTOL STREET — TSSP 1 funding opportunities 2 F. PARTICIPATING AGENCIES that have included a dollar match as identified in 3 Attachment A shall provide payment for the dollar match to the AUTHORITY within thirty (30) 4 calendar days of receipt of an invoice. 5 G. PARTICIPATING AGENCIES that have Included an in -kind services match as Identified 6 in Attachment A shall provide documentation of conformance as part of the semi- annual review 7 process. 8 H. To waive all fees associated with any local agency permits that may be required of the 9 OCTA Consultant, sub — consultants, and/or service or equipment providers In the performance of this 10 project. 11 I. PARTICIPATING AGENCIES shall provide updates to the AUTHORITY on the 12 PROJECT as part of semi - annual review process until completion of the three (3) year PROJECT grant 13 period. Documents to be provided include, but are not limited to, payroll records, contracts, and 14 purchase orders. 15 J. PARTICIPATING AGENCIES shall, if specified in the APPLICATION, continue Ongoing 16 Monitoring and Maintenance after the three (3) year grant period is complete and continue until the end 17 of the PROJECT per additional Maintenance of Effort in the APPLICATION. 1s ARTICLE 6. DELEGATED AUTHORITY 19 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 20 Agreement are delegated to their respective City Manager, or designee, and the actions required to be 21 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 22 Executive Officer or designee. 23 ARTICLE 7, AUDIT AND INSPECTION 24 PARTICIPATING AGENCIES shall maintain a complete set of records in accordance with 25 generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCIES shall 26 permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, Page 7 of 14 20A -9 COOPERATIVE AGREEMENT NO. C- 4.1882 BRISTOL STREET — TSSP 1 payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a period of 2 four (4) years after final payment, or until any on -going audit is completed. For purposes of audit, the 3 date of completion of this Agreement shall be the date of AUTHORITY's payment of OCTA Consultant's 4 final billing (so noted on the Invoice) under this Agreement. AUTHORITY shall have the right to 5 reproduce any such books, records, and accounts. The above provision with respect to audits shall 6 extend to and /or be included in contracts with PARTICIPATING AGENCIES' contractor. 7 ARTICLE 8. INDEMNIFICATION 8 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at 9 PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to 10 AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, Its officers, directors, employees, 11 and agents (collectively the "Indemnified Parties "), from and against any and all liabilities, actions, suits, 12 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, 13 orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims "), including 14 but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' 15 employees included), for damage to property, including property owned by AUTHORITY, or from any 16 violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, 17 omissions or willful misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or 18 agents in connection with or arising out of the performance of this Agreement. 19 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 20 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), 21 indemnify, protect, and hold harmless PARTICIPATING AGENCIES, its officers, directors, employees, 22 and agents (collectively the "Indemnified Parties "), from and against any and all liabilities, actions, suits, 23 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, 24 orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims "), including 25 but not limited to Claims arising from injuries to or death of persons (AUTHORITY's employees 26 included), for damage to property, including property owned by PARTICIPATING AGENCIES, or from Page 8 of 14 20A -10 COOPERATIVE AGREEMENT NO. C- 4,1882 BRISTOL STREET —TSSP 1 any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, 2 omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in 3 connection with or arising out of the performance of this Agreement. 4 C. The Indemnification and defense obligations of this Agreement shall survive its 6 expiration or termination. 6 ARTICLE 9. ADDITIONAL PROVISIONS 7 A. Term of Agreement: This Agreement shall be effective on 20_, and shall be 8 in full force and effect for forty -eight 48 months through 20. 9 B. Termination: In the event either Party defaults in the performance of their obligations 10 under this Agreement or breaches any of the provisions of this Agreement, the non - defaulting Party 11 shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other 12 Party. 13 C. Termination for Convenience: Either Party may terminate this Agreement for Its 14 convenience by providing thirty (30) days' prior written notice of its intent to terminate for convenience to 15 the other Party. 16 D. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, 17 state, and local laws, statues, ordinances and regulations of any governmental authority having 18 jurisdiction over the PROJECT. 19 E. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that 20 they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this 21 Agreement, the Parties hereto are formally bound to the provisions of this Agreement. 22 F. Severability: If any term, provision, covenant or condition of this Agreement is held to be 23 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 24 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 25 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 26 G. Counterparts of Agreement: This Agreement may be executed and delivered in any Page 9 of 14 20A -11 COOPERATIVE AGREEMENT NO. C -4 -1882 BRISTOL STREET — TSSP 1 number of counterparts, each of which, when executed and delivered shall be deemed an original and 2 all of which together shall constitute the same agreement. Facsimile signatures will be permitted. 3 H. Farce Maieure: Either Party shall be excused from performing its obligations under this 4 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 5 cause beyond its control, including but not limited to; any Incidence of fire, flood; acts of God; 6 commandeering of material, products, plants or facilities by the federal, state or local government; 7 national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of 8 such cause is presented to the other Party, and provided further that such nonperformance is 9 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 10 I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or 11 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 12 of the other Party in its sole and absolute discretion. Any such attempt of assignment 13 shall be deemed void and of no force and effect. Consent to one 14 assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any 15 right to consent to such subsequent assignment. 16 J. Governing Law: The laws of the State of California and applicable local and federal laws, 17 regulations and guidelines shall govern this Agreement. 18 K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, 19 the court shall award costs and expenses, including attorney's fees, to the prevailing party. 20 L. Notices: Any notices, requests, or demands made between the Parties pursuant to this 21 Agreement are to be directed as follows: 22 23 1 24 25 26 1 Page 10 of 14 20A -12 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 COOPERATIVE AGREEMENT NO. C- 4.1882 BRISTOL STREET — TSSP To COSTA MESA: To AUTHORITY: City of Costa Mesa Orange County Transportation Authority 77 Fair Drive 550 South Main Street P.O. Box 1200 P. O. Box 14184 Costa Mesa, CA 92 Orange, CA 92863 -1584 Attention: Raja Sethuraman Attention: Venita Anderson Transportation Services Manager Senior Contract Administrator (714) 754 -5032 Tel: (714) 560-5427 Email: rala,sethuraman costamesaca. ov E -mail: vandersonoocta.net To NEWPORT BEACH: To SANTA ANA: City of Newport Beach City of Santa Ana 100 Civic Center Drive Public Works Agency P.O. Box 1768 20 Civic Center Plaza, M -43 Newport Beach, CA 92658 -8915 Santa Ana, CA 92701 Attention: Brad Sommers Attention: Vinh Nguyen Senior Civil Engineer Senior Civil Engineer (949) 644 -3326 (714) 647 -5612 Email: bsommera(U)newportbeachca.aov Email: vnauyena�santa- ana.org Page 11 of 14 20A -13 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 COOPERATIVE AGREEMENT NO. C -4 -1882 BRISTOL STREET — TSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the pates hereto have caused this Agreement No. C -4 -1882 to be executed on the date first written above. CITY OF COSTA MESA ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: Jim Righeimer Darrell Johnson Mayor Chief Executive Officer ATTEST: APPROVED AS TO FORM: M Brenda Green City Clerk APPROVED AS TO FORM: By: Tom Duarte City Attorney Dated : Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMENDED: By: Kia Mortazavi Executive Director, Planning Dated : Page 12 of 14 20A -14 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 COOPERATIVE AGREEMENT NO. C -4 -1882 BRISTOL STREET — TSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-4 -1882 to be executed on the date first written above. CITY OF NEWPORT BEACH M Edward D. Selich Mayor ATTEST: By: Leilani I. Brown City Clerk APPROVED AS TO FORM: By: Aaron C. Harp City Attorney Dated Page 13 of 14 20A -15 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 COOPERATIVE AGREEMENT NO. C -4 -1882 BRISTOL STREET -- TSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -4 -1882 to be executed on the date first written above. CITY OF SANTA ANA By: David Cavazos City Manager ATTEST: By: Maria D. Hulzar City Clerk Dated : ! 1 Page 14 of 14 20A -16 COOPERATIVE AGREEMENT NO. C -4 -1882 BRISTOL STREET — TSSP ATTACHMENT A DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY AGENCY CASH IN -KIND TOTAL MATCH City of Costa Mesa $125,396.00 $19,984.00 $145,380,00 City of Newport Beach $56,963.00 $13,977.00 $70,940 City of Santa Ana $223,450.00 $31,385.00 $254,835.00 TOTAL $405,809.00 $65 346.00 $471,155.00 SECTION 2: MATCH BREAKDOWN (CASH VS IN -KIND SERVICES) A. Cash Match Agency Funding Source Amount of Cash Contribution City of Costa Mesa N/A $125,396.00 City of Newport Beach $ $56,963.00 City of Santa Ana $223,4%00 TOTAL $405,809.00 B. In -Kind Services i. Specific Improvements (List items and Cost): Agency Improvement Date of Construction , Expenditure N/A $ TOTAL Page A -1 20A -17 COOPERATIVE AGREEMENT NO. C- 4.1882 BRISTOL STREET— TSSP ATTACHMENT A il. Staffing Commitment, Agency Staff Position Type of Service to Np. of Fully Burdened Total , Project Hours Fiourl Rate City ofcosta Transportation Oversight 16 $200.00 $3,200.00 Mesa Services Manager City ofCosta Mesa Associate Engineer Project Manager 40 $150.00 $6,000.00 City of Costa Mesa Assistant Engineer Signal Timing 40 $140.00 $5,600.00 City of Costa Mesa Engineering Tech Technical Field Support 43.2 $120.00 $5,184.00 Total for City of Costa Mesa: $19,984.00 Agency Staff Position Type of Service to No. of .Fully Burdened Total* Project Hours Hourly Rate City of Newport Senior Civil Oversight 15 $170.00 $2,550.00 Beach Engineer City of Newport Associate Civil Project Manager 48 $130.00 $6,240,00 Beach Engineer City of Newport Junior Engineer Signal Timing, Implementation, 19.9 $130.00 $2,587.00 Beach Monitoring_ City of Newport Beach Senior Inspector Construction Inspecilon 20 $130.00 $2,600.00 Total for City of Newport Beach: $13,977.00 Agency Staff Position Type of Service to No.'of. Fully Burdened Total Project Hours Hourly Rate City of Santa Ana Sr. Civil Engineer Project Admin / Review 16 $233.00 $3,728.00 City of Santa Assistant Engineer II Project Design / Implement / 40 $213.00 $8,520.00 Ana Construction Engineer City of Santa Assistant Traffic Project Design / Implement/ 40 $213.00 $8,520.00 Ana Operation Engineer Construction Engineer City of Santa Ana Construction Inspector Construction Engineer 48 $187,00 $8,976.00 City of Santa Engineering Interns Project Design / Implement / 40.03 $41.00 $1,641.00 Ana Construction Engineer Total for City of Santa Ana: $31,385,00 TOTAL IN -KIND MATCH *; $65,346.00 ''°Total amount is the required participation by this Identified agency. The number of hours and hourly rate will be based an oach agency's actual fully burdened billing rates, which must collectively equal the same value of the assigned'Total "dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. Page A — 2 20A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: (SPEC. NO. 14 -056) (STRATEGIC PLAN N 6,1G CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: .--G• _D ❑ As Recommended ❑ As Amended ❑ Ordinance on ls`Reading ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment transferring funds from the Public Works Water Quality & Measurement, Sanitary Sewer Service, Roadway Cleaning accounts and from the Finance and Management Services Building Maintenance accounts to the City Yard Operations account, for the purpose of replacing an HVAC unit at the Corporate Yard Public Works Administration Building. 2. Award a contract to AP Construction Group for the replacement of a rooftop HVAC unit in an amount not to exceed $134,500, subject to nonsubstantive changes approved by the City Manager and City Attorney DISCUSSION The Finance and Management Services Agency Building Maintenance oversees City facilities to ensure mechanical systems operate safely and efficiently and meet all applicable laws and regulations. The commercial grade rooftop HVAC system at the Corporate Yard Public Works Administration Building was installed in 1991. After twenty -four years of services the system is frequently out of order and requires continuous repairs. Approval of the recommended action will provide for the replacement of the system which has exceeded its useful life. The notice soliciting proposals was advertised on September 23, 2014, on the City's online bid management and publication system. A summary of the solicitations and proposals received is as follows: 31 Vendors notified 11 Vendors downloaded the solicitation 10 Vendors attended the job walk 4 Proposals received Proposals were received, opened on October 20, 2014 and evaluated (Exhibit 1). Proposals were scored based in part on vendor's responsiveness to the specifications, experience and financial 20B -1 Contract Award for HVAC Unit Replacement April 21, 2015 Page 2 stability as well as pricing. The proposal received from AP Construction Group was ranked No. 1 in the evaluation process and meets the City's requirements. The recommended award amount includes a $5,000 contingency. 4r '.7A11*116JUW1i/e11 Eel zIJ,I=1di1 Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (Develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans. FISCAL IMPACT Upon approval of the appropriation adjustment transferring $43,608 from the Public Works Water Quality & Measurement account (06017644- 63001), $8,617 from the Sanitary Sewer Service account (05617640- 66220), $30,913 from the Roadway Cleaning account (06817641- 61000) and $51,362 from the Finance and Management Services Building Maintenance account (07310100- 66200), funds will be available in the City Yard Operations account (08510138- 66200). Public Works Agency JA/MM /sp Exhibits: 1. RFP Abstract APPROVED AS TO FUNDS AND ACCOUNTS: Executive Director Finance and Management Services Agency 20B -2 Contract Award for HVAC April 21, 2015 Page 2 Unit Replacement HVAC UNIT REPLACEMENT (14-056) AP Construction JCT Mechanical Los Angeles Air Pardess Air Bidder Group Inc. Conditioning Inc. Inc. Location Van Nuys Lancaster La Verne Los Angeles Ranking 1 2 3 4 EXHIBIT 1 I►1- r�- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: CONTRACT AWARD TO CALIFORNIA MEDIA SOLUTIONS FOR COUNCIL CHAMBER CAMERAS AND CONTROL ROOM UPGRADES (SPEC. NO. 15 -018) {STRATEGIC PLAN NO. 1, 2B; 2,3C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: eT.-¢• ❑ As Recommended ❑ As Amended ❑ Ordinance on V'Reading ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Award a contract to California Media Solutions for the purchase of video cameras and control room equipment for the Council Chambers, in an amount not to exceed $38,100, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana Council Chambers is the hub of government access programming for the greater Santa Ana community. Twice a month, regularly scheduled City Council meetings take place in this forum. The meetings are broadcasted on the City's Cable Channel, CTV3 and online using the Granicus platform, which enables viewers to watch at their own leisure as well as on DVDs available for check -out at the Santa Ana Public Library. City Council meetings, as well as important town hall or other specially - scheduled meetings, are Santa Ana residents' and business owners' primary source of information for municipal governance. Access to these meetings via multiple outlets is the key to having a well- informed proactive community. The current video camera system being utilized is nearly 20 years old. A new high definition camera installation with control room upgrades will provide optimal viewing from home, online, and on mobile devices. Providing a Council Chamber fully- equipped with efficient and modern technology will enhance this experience. Ultimately, this shift in technology offers a committed approach to the quality of accurate and current information that is newsworthy and of value to the public. The notice inviting bids was advertised on March 6, 2015 and offers were solicited. A summary of the bids and offers received is as follows: 22A -1 Contract Award for Video Cameras and Equipment April 21, 2015 Page 2 16 Vendors were notified 11 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 5 Bids received Bids were received and opened on March 16, 2015 (Exhibit 1). The bid received from California Media Solutions is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #2 (Broaden communications, information sharing and community awareness of public safety activities), Strategy B (Expand the use of social media platforms such as Facebook, Twitter, Alert OC, YouTube, Nixle, Crime mapping, smartphone applications and the City website to share information with the community), and Goal #2 Youth, Education, Recreation, Objective #3 (Expand use of technology as a tool for communication and education in the community), Strategy C (Review web, social media, and CTV3 services and develop new strategies for more effective use). FISCAL IMPACT Funds are available in the Parks, Rec. & Community Services - CATV Capitol Support (PEG) account (no. 02113200-66400). 4qe—rardo Mouet Executive Director Parka, Rec. & Comm. Svcs. Agency EG Exhibit: Bid Abstract APPROVED AS TO FUNDS AND ACCOUNTS: {r Francisco Gutierrez Executive Director Finance and Management Services Agency 22A -2 Contract Award for Video Cameras and Equipment April 21, 2015 Page 3 IFB 15- 018Equipment Upgrade for Council Chamber Camera & Control Room Bid opened 3 -16 -15 at 2pm California B &H Foto & Media Electronics Key Code Solutions Corp. VMI Inc. Media, Inc. Inter - Pacific, Inc CATEGORY 1- Upgrade Terminal Gear $ 3,166.00 $ 3,530.00 $ 3,368.00 $ 3,752.00 $ 4,671.89 CATEGORY 2- Upgrade Council Chamber Cameras $ 32,085.00 $ 32,289.75 $ 33,206.75 $ 36,085.55 $ 49,152.35 Tax $ 2,820.08 $ 2,865.58 $ 2,925.98 $ 3,187.00 $ 4,305.94 Grand Total $ 38,100.00 $ 38,685.33 $ 39,500.73 $ 432024.55 $ 58,130.18 22A -3 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: CONTRACT AMENDMENT TO FST SAND AND GRAVEL FOR FILL SAND (SPEC NO. 15 -029) {STRATEGIC PLAN NO. 6, 1} l V � CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151Reading ❑ Ordinance on 2odReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend to the contract with FST Sand and Gravel Inc. for fill sand and gravel by $10,000 for an annual amount not to exceed $35,000. DISCUSSION The City establishes an annual list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. FST Sand and Gravel Inc. has been a provider of sand and gravel which is primarily used by Public Works when repairing water and sewer lines. Additionally, City Yard uses the sand to provide sand bags to the public during inclement weather. FST Sand and Gravel Inc. offers high quality sand and gravel at competitive prices and has been a reliable vendor over the past several years. The increase in demand for sand combined with previous purchases in the current fiscal year exceeds the $25,000 aggregate limit and requires City Council approval. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City Assets) FISCAL IMPACT Funds are available in the various Miscellaneous Operating Expense accounts (63001) APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency k� CLlsp 22B -1 22B -2 • CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: CONTRACTS AWARD FOR CIVIC CENTER TREE PRUNING SERVICES (SPEC. NO. 15 -014) (STRATEGIC PLAN NO. 6; 1 B) CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award contracts for annual tree pruning services at the Civic Center area for a one -year period with provisions for three one -year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $78,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor: Location: George Salinas Tree Preservation Placentia Mariposa Landscapes, Inc. Irwindale Tree Pros, Inc. Chino DISCUSSION The Parks, Recreation and Community Services Agency Park Maintenance Division maintain 1,053 trees and palms in the Civic Center area. Palms are pruned annually and the trees alternate every year from East of Ross to West of Ross Street. This year tree pruning services will include the trees West of Ross Street and all the palms in the Civic Center complex. The tree pruning services contracts will provide annual Class 1 pruning services to maintain the health of the trees and palms and enhance the safety of Civic Center visitors. The notice inviting bids was advertised on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 25 Vendors were notified 6 Vendors attended the job walk 6 Bids received Bids were received, opened on March 4, 2015, and evaluated (Exhibit 1). The bids received from the recommended vendors are responsive to the specifications and meet the City's requirements. 22C -1 Contracts Award for Tree Pruning Services April 21, 2015 Page 2 Staff recommends awarding contracts to the three lowest bidders to allow for competitive quotes on future jobs. To allow for unanticipated services, an additional $10,000 contingency has been included in the award amount. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users. FISCAL IMPACT Funds are available in the Recreation and Community Services Civic Center Regular Maintenance account (no. 07413250 - 62320). Gerardo Moue E7fecutive Director Parks, Rea. & Comm, Svcs, Agency DS /sp Exhibit: Abstract of Bids APPROVED AS)TO FUNDS AND ACCOUNTS: f Francisco Gu�errez Up- Executive Director Finance & Management Services Agency 220-2 Contracts Award for Tree Pruning Services April 21, 2015 Page 3 ABSTRACT OF BIDS CIVIC CENTER TREE PRUNING SERVICES (SPEC. NO. 15 -014) EXHIBIT 1 22C -3 George Salinas Mariposa Oakridge Landscape, Bidder Tree Preservation Landscapes, Inc. Inc. Location Location Placentia Irwindale Valencia Weekdays $68,000.00 $95,625.00 $239,800.00 Weekends $68,000.00 $133,500.00 $319,000.00 EXHIBIT 1 22C -3 Treesmith Bidder Tree Pros, Inc. Enterprises West Coast Arborists Location Chino Anaheim Anaheim Weekdays $69,143.00 $140,000.00 $115,820.00 Weekends No bid $10,000.00 $98,820.00 EXHIBIT 1 22C -3 22C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR ADULT CROSSING GUARD PROGRAM (STRATEGIC PLAN NO. 1, 1) \ CITY MANAGER RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For _ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a three -year agreement with All City Management Services Inc. (ACMS) to provide an Adult Crossing Program, in an amount not to exceed $1,927,678 with an additional 18% contingency if needed, subject to non - substantive changes approved by the City Manager and City Attorney, PUSLIC SAFETY COUNCIL COMMITTEE9 MEETING RECOMMENDATION At the regularly scheduled meeting on March 24, 2015, the Public Safety Council Committee members reached consensus to move consideration of the All City Management Services agreement to the full Council for consideration. DISCUSSION In December 2014, the City issued Request for Proposals (RFP 14 -090) for Adult Crossing Guard services to ensure the safe movement of elementary school children around school zones within the City of Santa Ana. Currently, the Crossing Guard Program provides crossing guard services to three school districts, which includes 38 schools, with a total of 49 crossing guards throughout the City. Two vendors responded to the RFP; All City Management Services and Securitas, An evaluation committee consisting of representatives from PD Traffic and PO Administrative Services reviewed and rated the two proposals. The proposals were evaluated according to Responsiveness to RFP �20 %a), Experience of Firm and Personnel (40 %) and Cost of Proposal (40 %), as stated in the R P. The results of the evaluation are as follows: Vendor Score All City Management Svcs, _ 378 Securitas - 354 400 points max 25A -1 Agreement with All City Management Services April 21, 2016 Page 2 The Police Department proposes to enter into a three -year agreement with All City Management Services, All City Management Services has been accommodating, professional and consistent In handling Crossing Guard Services under their current agreement with the City. In 2014, the Traffic Division conducted a review of the 72 crossing guard positions In the City. The review included evaluating the '"Warrant Sheet' for a crossing guard /traffic signal crossing by Public Works; analyzing traffic collision data; site surveys of the locations, and a personal interview with the crossing guards. The following factors were also considered in the analysis: 1.) Several warrant sheets recommended one crossing guard, but there were additional crossing guards assigned; 2.) Some crossing guards were in close proximity to others; 3.) There was an overhead tri -phase signal or a marked crosswalk with sufficient street signage; 4.) The collision data involving pedestrians at most locations was relatively low, or the data did not support collisions were occurring during school hours; 6.) Some crossing guards interviewed indicated pedestrian traffic was minimal; 6.) Children were crossing major streets to attend school despite the fact there was another school in closer proximity or in the same residential tract. As a result of this assessment, the Traffic Division has been able to accurately determine the best locations to assign crossing guards. The assessment determined that crossing guards were warranted at 49 locations; a decrease from the previous 72 locations, This reduction will result in an annual savings of approximately $207,300. The City Manager and the Police Chief met with SAUSD Superintendent to discuss the review procedure of the Crossing Guard program, and to obtain support for moving this item forward to the Public Safety Committee and City Council. In addition, SAPD, SAUSD and School Police staff continue to work in partnership to provide an adequate level of crossing guard staffing at appropriate locations. SAPD Traffic Division personnel attended neighborhood association meetings and answered questions related to the crossing guard assessment process and staffing levels. At their March 24 meeting, the Public Safety Committee reached consensus to move the All City Management Services agreement to the full Council for approval The cost for the new three -year agreement is as follows: An additional 15% has been added for unanticipated services, for a total three -year agreement amount of $2,217,176, 25A -2 Agreement with All City Management Services April 21, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #1, Modernize the Community Policing Philosophy to improve customer service, crime prevention and traffic / pedestrian /bicycle safety. FISCAL IMPACT Funds in the amount of $2,217,175 are available in the Police Department, Traffic Division Other Contractual Services account (no. 01114405 62300). Funds for FY 2015 -16 and FY 2016 -17 will be appropriated during the annual budget process. _ APP AS TO FUNDS AND ACCOUNTS Carlos Rojas Chief of Police Santa Ana Police Department Exhibit: Agreement .�s�V Fran 'sca Gutierrez�� Executive Director ✓ Finance & Mgmt. Services Agency 25A -3 25A -4 ADULT CROSSING GUARD PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this 1 st day of March, 2015 by and between ALL CITY MANAGEMENT SERVICES, 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. In December 2014, the City issued a Request for Proposals (RFP 14 -090) for Adult Crossing Guard services to ensure the safe movement of elementary school children around school zones within the City of Santa Ana. B. Currently, the Crossing Guard Program provides crossing guard services to three school districts, which includes 35 schools, with a total of 49 crossing guards throughout the City. C. Two vendors submitted proposals for the RFP. After careful evaluation and consideration of the proposals, Consultant was ranked the highest and has been selected for the Agreement. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field of providing crossing guard services for elementary school children 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 agree to perform school crossing guard services for the City of Santa Ana. The scope of work shall be as follows: a. Consultant will monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school. b. Consultant shall perform all work to the highest professional standard and in a manner deemed reasonably satisfactory to the Chief of Police or his designee. c. Consultant will provide an estimated 39,351 hours per year of crossing guard services by qualified adult crossing guards approved by the City during pre - determined time periods at specific locations throughout the City as shown in Exhibit "A ". The estimated hours above are calculated based on the number of hours per day multiplied 25A -5 by the number of annual school days. However, Consultant is required to staff the crossing guard positions when the schools modify their schedules to accommodate the academic needs of their students. d. New locations may be added at the City's request and Consultant will increase the service hours accordingly. In addition, the City may remove crossing guard locations and /or reduce crossing guard hours at a location with a 24 -hour notice. e. Consultant will provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ana. f. Consultant will be required to provide for the supervision of all employees associated with conducting the Adult Crossing Guard Program; including the recruitment, hiring, discipline and termination of employees. g. Consultant will provide all facilities, vehicles and other associated equipment related to conducting the Adult Crossing Guard Program. Required equipment will include safety- reflectorized vests, stop signs, whistles, rain gear and photo - identification badges. It. Consultant shall provide all employees with equipment that complies with all applicable laws and established safety standards. i. Consultant shall at-range for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. Consultant shall contact the Santa Ana Police Department immediately if a position cannot be filled by the Contractor. The Santa Ana Police Department will staff that position and bill Consultant for the period of time spent covering that post in accordance with the Miscellaneous Fee Schedule. j. Consultant shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified and /or changed for any reason that requires children to arrive or depart at a time that is different than the norm. k. Consultant will provide all of the required training for employees selected to be crossing guards. 1. Consultant shall certify that all employees selected to perform the duties of a crossing guard in the City of Santa Ana have never been convicted of any felony, crime of moral turpitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre - Employment Screening Program that includes: 1. An employment reference check 2. A criminal background check and a fingerprint check 3. A drug and alcohol screening test 25A -6 4. Social Security verification 5. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of the INS -9 forms must be approved by the City upon request) m. Any employee whose conduct is not satisfactory, as determined by the City of Santa Ana, shall be removed from providing crossing guard services in the City of Santa Ana. u. Consultant shall investigate all public complaints concerning crossing guard services. In the event of a complaint, Consultant shall contact the Santa Ana Police Department at (714) 245 -8228, within two (2) hours, to advise the nature of the complaint and the remedy /resolution of said complaint. Consultant shall furnish a written report of the incident to the City of Santa Ana Police Department within three (3) business days after the occurrence; and o. Consultant shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at any time. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the following rates and charges: Year I March 1, 2015 - February 28, $615,978.00* 2016 Year 2 March 1, 2016 - February 29, _ _ $656,000.00* 2017 Year 3 March 1, 2017 - February 28, $656,000.00* 2018 _ Total: $1,927,978.00 * Indicates that a minimum wage increase is reflected in the total. b. The total sum to be expended under this Agreement shall not exceed $2,217,175.00 during the term of this Agreement. The Agreement contains a 15% ($289,197.00) contingency amount which can be used at the City's discretion for services over and above the base contract amount. 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. 25A -7 3. TERM This Agreement shall commence on the date first written above and terminate on February 28, 2018, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be amended upon a writing executed by the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, (luring 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 performrs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional 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 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: Not less than Ten Million. ($10,000,000) each occurrence for bodily and personal injury, including death resulting therefrom, and property damage combined with no less than Ten Million ($10,000,000) aggregate. Consultant shall supply City with a fully executed additional insured endorsement in a form approved by the City Attorney. b. Business automobile liability insurance, or equivalent forn, 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. hm 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. 25A -8 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 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 Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (l) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is clue by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which clue 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, 25A -9 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. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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: and Chief of Police City of Santa Ana 60 Civic Center Plaza (M -18) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 245 -8007 25A -10 and Santa Ana Police Department Traffic Division 60 Civic Center Plaza (M -18) P,O. Box 1981 Santa Ana, California 92702 Facsimile (714) 245 -8190 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (7l4) 647 -6515 To Consultant: All City Management Services, Inc. 10440 Pioneer Boulevard, Suite 5 Santa Fe Springs, California 90670 Facsimile (3'10) 202 -8325 Attn: Baron Farwell, President & General Manager A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transndtting facsimile machine, addressed as set forth above. For put-poses of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the 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 airy party, or anyone acting on behalf of any party, which are not embodied herein. 25A -11 It. 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 shalt 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. 1.2. 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 tennination, and payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13, DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, tennination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25A -12 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN wfrNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B�CAA��O., t-t- - 1119�b2 iXt�t, Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT CARLOS ROJAS Chief of Police Baron Farwell President & General Manager All City Management Services, Inc. Employer ID # or Individual SS # 25A -13 EXHIBIT A CROSSING GUARD LOCATIONS 25A -14 Elementary Location of Crossing Schedule School Hrs /Day Total Sch. School Guard Days/ Hrs /Yr Dist. Yr 1 Adams St. Gertrude & Raia Traditional 183 4 732 S.A. 2 Carver 5" St. & Pacific Traditional 183 5 915 S.A. (N /E Corner) 3 Carver/ Santa Ana & Pacific "Traditional 183 3 549 S.A. Romero -Cruz (N /E Corner) 4 Diamond Center & Borchard Traditional 183 5 915 S.A. 5 Diamond Edinger & Greenville Traditional 183 5 915 S.A. 6 Esqueda Main/Wanner (N /W /C) Traditional 183 4 732 S.A 7 Esqueda Main /Warner(S /W /C) Traditional 183 4 732 S.A. 8 Fairhaven Fairhaven & Old Grand Traditional 183 4 732 Org. (South Side of Street) 9 Franklin Broadway & Cubbon Traditional 183 4 732 S.A. (S/E Comer) 10 Fremont Civic Center & English Traditional 183 4 732 S.A. (N /E Corner) 11 Garfield Santa Ana & Lacy Traditional 183 5 915 S.A. (N /E Corner) 12 Garfield 1 Civic Center & Lacy Traditional 183 5 915 S.A./Priv, St. Joseph (N /E Comer) 13 Greenville MacArthur /Raitt Traditional 183 4 732 S.A Fundamental (S /E Corner) 14 Harvey Greenville & Pomona Traditional 183 4 732 S.A. (N /E Comer) 15 Hazard School Crosswalk Traditional 183 4 732 G.G. 16 Hazard 5" St. & Huylars Ln. Traditional 183 4 732 G.G. 17 Heninger Walnut & Main Traditional 183 5 915 S.A. (S /W Corner) 18 Heritage Newhope & Camile Traditional 183 4 732 G.G. (S /E Corner) 19 Jackson McFadden & Fairview Traditional 183 5.5 1007 S.A. (S /E Corner) 70 Jackson McFadden & Fairview Traditional 183 5.5 1007 S.A. (N %E Comer) 21 Jefferson Adams &. Raitt Traditional 183 4 732 S.A. (S /W Corner) 22 Kennedy McFadden & Standard Traditional 183 4 732 S.A. (N /E Corner) 25A -14 23 King McFadden & Graham Traditional l83 5 915 S.A. (N /E Corner) 24 Lincoln Willits & Sullivan Traditional 183 4.5 824 S.A. (N /E Comer) 25 Lincoln Willits & Raitt Traditional 183 4.5 824 S.A. (N /E Corner) 26 Lowell l Flower & Bishop Traditional 183 4.5 824 S.A. Pio Pico (S /W Corner) 27 Lowell/ Flower & Highland Traditional 183 4.5 824 S.A. Pio Pico (S /W Comer) 28 Madison Hobart & Standard Traditional 183 5 915 S.A. (S /E Corner) 29 Madison Edinger & Standard Traditional 183 5 915 S.A. (N /W Comer) 30 Martin School Crosswalk Traditional 183 4 732 S.A. 31 Martin Flower & Wilshire Traditional 183 4 732 S.A. (N /W Comer) 32 Monroe Central & Halladay Traditional 183 4 732 S.A. (N /W Corner) 33 Monte Vista Monte Vista & Raitt Traditional 183 4.5 824 S.A. (S /E Cotner) 34 Newhope Newhope & Kent Traditional 183 4 732 G.G. (West Side of the Street) 35 Remington 4" St. & Grand Traditional 183 4 732 S.A. (N /E Corner) 36 Roosevelt Chestnut & Halladay Traditional 183 4.5 824 S.A. (N /E Corner) 37 Roosevelt Chestnut & Standard Traditional 183 4.5 824 S.A. (S /W Corner) 38 Rosita School Crosswalk Traditional 183 4 732 G.G. 39 Rosita 5" St. & Rosita fraditional 183 4 732 G.G, 40 Russell Camile & Jackson Traditional 183 5 915 G.G. (S/W Corner) 41 Santiago Santa Clara & Baker Traditional 183 4 732 S.A. (S /W Corner) 42 Santiago Bristol & Santa Clara Traditional 183 4 732 S.A. (S /W Comer) 43 Sepulveda Poplar & St. Andrew Traditional 183 4.5 824 S.A. (N /E Comer) 44 Taft Flower & MacArthur Traditional 183 4 732 S.A. (N /E Comer) 45 Thorpe Alton & Greenville Traditional 183 4 732 S.A. (S /E Corner) 25A -15 46 Walker% Bishop & Standard Traditional l83 5 915 S.A. Roosevelt (N /W Corner) 47 Washington Flower & Anahurst Traditional 183 4.5 824 S.A. (S /W Corner) 48 Washington Flower & Warner Traditional 183 4.5 824 S.A. (S /W Comer) 49 Wilson WaslringCOn & 13alwr Traditional 183 4 915 S.A. (S /L, Corner) S.A. = Santa Ana Unified School District G.G: Garden Grove Unified School District Org.= Orange Unified School District Priv.= Private School 25A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: AMENDMENT TO COOPERATIVE AGREEMENT FOR SANTA ANA TRANSIT TERMINAL PUBLIC RESTROOMS {STRATEGIC PLAN NO. 5,61 i "ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 at Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an amendment to the Cooperative Agreement between Orange County Transportation Authority, County of Orange and the City of Santa Ana, to provide reimbursement for custodial services at the Santa Ana Transit Terminal, retroactive to November 1, 2014 through October 31, 2015 in an amount not to exceed $36,568 and November 1, 2015 through October 31, 2016 in an amount not to exceed $38,724 per year each, for the County of Orange and the City of Santa Ana. DISCUSSION The Santa Ana Transit Terminal (SATT) at 400 W. Santa Ana Blvd, Santa Ana, owned by the Orange County Transit Authority (OCTA), was closed in December, 2008. Effective March 29, 2009, the County, the City of Santa Ana (City), and OCTA approved a cooperative agreement (Agreement) that enables public access to the restrooms at the SATT whereby the City and County share operational costs on an equal basis for custodial services. Under the terms of the agreement, the restrooms are to be made available to the public unless the property is sold or any of the parties chooses to change the Agreement with a 30 -day notice. Currently, the restrooms are open from 8:00 a.m. to 10:00 p.m., seven days per week. The restrooms are cleaned three times daily, between 8 a.m. to 10 a.m., between 1 p.m. to 3 p.m. and between 8 p.m. to 10 p.m. The restrooms are used constantly, and have been helpful in meeting the needs of the local population. On July 27, 2010, Amendment No. 1 to the Agreement was executed, increasing the amount the County and City reimbursed OCTA from $16,631.25 per year to $18,262.50 each to reflect an increase in the custodial rate. Amendment No. 2 was executed on October 18, 2011, extending the available hours of operation from 8:00 a.m. to 5:00 p.m. to the current 8:00 a.m. to 10:00 p.m., seven days a week. Amendment No. 3 was executed on April 27, 2012, increasing the annual obligation for custodial services from $18,262.50 to $20,434 each. 2513-1 Amendment to SATT Cooperative Agreement April 21, 2015 Page 2 Due to increased janitorial costs, vandalism, and other maintenance issues at the SATT, OCTA is requesting an increase in the contribution retroactive to November 1, 2014 through October 31, 2015 in an amount not to exceed $36,568 and November 1, 2015 through October 31, 2016 in an amount not to exceed $38,724 per year each, for the County of Orange and the City of Santa Ana. The amended Agreement will be in effect until October 31, 2016, unless the property is sold or any of the parties chooses to change the Agreement with a 30 -day notice. All other terms and conditions of the Agreement remain unchanged. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT Funds are available in the General Fund Non - Departmental account (no. 01105015- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: f'p r Francisco G'Warrez Executive Director Finance and Management Services Agency) Exhibit: 1. Amendment No. 4 25B -2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO.4 TO COOPERATIVE AGREEMENT NO. C -9 -0258 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY, COUNTY OF ORANGE AND THE CITY OF SANTA ANA FOR PUBLIC RESTROOMS AT THE SANTA ANA TRANSIT TERMINAL THIS AMENDMENT NO. 4, is effective this day of 2015 by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863 -1584, a public corporation of the State of California, acting on behalf of the Orange County Transit District, (hereinafter referred to as "AUTHORITY "), the County of Orange, Hall of Administration, 333 W. Santa Ana Blvd., Santa Ana, CA 92701, a political subdivision of the State of California, (hereinafter referred to as "COUNTY'), and the City of Santa Ana, 20 Civic Center Plaza, 8th Floor, P.O. Box 1988, M31, Santa Ana, CA 92701, a municipal corporation (hereinafter referred to as "CITY'). Collectively AUTHORITY, COUNTY and CITY may be referred to as "PARTIES ", or sometimes individually referred to as "PARTY." WHEREAS, by Agreement No. C -9 -0258 dated March 24, 2009, as last changed by Amendment No. 3 dated April 27, 2012, AUTHORITY, COUNTY and CITY entered into a Cooperative Agreement to open restroom facilities in the Santa Ana Transit Terminal (SATT) for public use on a temporary basis with certain improvements made to the SATT; and WHEREAS, COUNTY and CITY agreed to reimburse AUTHORITY for the cost of custodial services and supplies for the SATT facilities; and Page 1 of 3 25B -3 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 AMENDMENT NO.4 TO AGREEMENT NO. C -9 -0258 WHEREAS, AUTHORITY wishes and COUNTY and CITY agree to increase the maximum financial obligation to cover the expenses for custodial services and supplies; NOW, THEREFORE, it is mutually understood and agreed to by PARTIES that Agreement No. C -9 -0258 is hereby amended in the following particular only: Amend ARTICLE 7. CUSTODIAL SERVICES, Page 6 of 12, line 8, as last changed by Amendment No. 3 to delete 120,434.00 per year each" and in lieu thereof insert "$36,568.00 per year each effective November 1, 2014 through October 31, 2015. The maximum financial obligation of the COUNTY and CITY effective November 1, 2015 through October 31, 2016 will be increased to $38,724.00 per year each." The balance of said Agreement remains unchanged. This Amendment No. 4 to Cooperative Agreement No. C -9 -0258 shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to Agreement No. C -9 -0258 to be executed on the date first above written. THE COUNTY OF ORANGE M ATTEST: APPROVED AS TO FORM: z ORANGE COUNTY TRANSPORTATION AUTHORITY By Carolina Coppolo Manager, Contracts and Procurement APPROVED AS TO FORM: 0 James M. Donich General Counsel Page 2 of 3 25B -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 CITY OF SANTA ANA Z Iys—Owl a APPROVED AS TO FORM: Page 3 of 3 25B -5 AMENDMENT NO.4 TO AGREEMENT NO. C -9 -0258 r REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: AGREEMENT WITH ITERIS, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR HARBOR BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 156828) (NON- GENERAL FUND) {STRATEGIC PLAN NO. 6, 1, B} CLERK OF COUNCIL USE ONLY: F••:• _11 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1°' 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 Iteris, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide professional engineering services for the design and implementation of the Harbor Boulevard Corridor Traffic Signal Synchronization Project in an amount not to exceed $755,000 for a three - year term expiring December 31, 2018. DISCUSSION On October 21, 2013, Council authorized staff to submit joint applications with the participating agencies for funding consideration under the Orange County Transportation Authority (OCTA) renewed Measure M2 Regional Traffic Signal Synchronization Program. The Harbor Boulevard Corridor Traffic Signal Synchronization Project (Harbor Boulevard Project) was submitted to provide inter - jurisdictional traffic signal synchronization and improvements along the corridor through the cities of Santa Ana, Garden Grove, Fountain Valley, and Costa Mesa. In April 2014, the OCTA Board approved the joint funding request of $1,852,080 from Measure M2 funds. This grant project was included in the City of Santa Ana approved FY 14/15 Capital Improvement Program (CIP). On January 20, 2015, the City Council approved a cooperative agreement with Cities of Garden Grove, Fountain Valley, and Costa Mesa, to implement the Harbor Boulevard Project. The cooperative agreement identifies the City of Santa Ana as the lead agency for implementation. The project will provide and maintain the inter - jurisdictional traffic signal synchronization of the Harbor Boulevard corridor for a three -year period. At the end of the three -year project, responsibility for ongoing signal timing maintenance will revert to the respective local agencies. 25C -1 Agreement for Harbor Boulevard Traffic Signal Synchronization Project April 21, 2015 Page 2 A Request for Proposals (RFP) for professional engineering services to design and implement the project was posted on the City website and Planet Bids on January 23, 2015. Six consultants submitted proposals which were evaluated by a committee comprised of one member from each participating agency. The proposals were evaluated based on the firm's experience, understanding of the project needs, proposed scheduling, and overall approach. Once evaluated, the sealed cost proposals from the top three firms were opened. A summary of the proposal ranking, scores, and costs are: FIRM SCORE RANK COST Iteris, Inc 91.8 1 $699,443 AGA 89.8 2 $754,952 Advantec 85.8 3 $752,690 DKS 82.5 4 Did not open Stantec 78.3 5 Did not open KOA 75.0 6 Did not open Based on the evaluation and cost, it is recommended that Iteris, Inc., be awarded the contract in an amount of $699,443 plus a contingency of $55,557, for a total not to exceed $755,000. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2014 -82 has been filed for the project. 25C -2 Agreement for Harbor Boulevard Traffic Signal Synchronization Project April 21, 2015 Page 3 FISCAL IMPACT Funds are available in the Harbor Boulevard Corridor Traffic Signal Synchronization Project (No. 156828), Measure M2 Competitive Street expenditure account (No. 03217663 - 66220). Fred MoLisavipou'r Executive Director Public Works Agency FM /EWG/VN Exhibit: 1. Consultant Agreement APPROVED,, ,S TO FUNDS AND ACCOUNTS: .(&- FranCISC0NOUtlerrez Executive Director Finance & Management Services Agency 25C -3 25C -4 PROFESSIONAL SERVICES AGREEMENT TIIIS AGREEMENT is made and entered into this 21st day of April 2015 by and between Iteris, Inc, ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "), RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic signal synchronization and related matters. 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 Geld. 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; TERMS This Agreement shall commence on the date first written above and terminate on December 31, 2018, unless terminated earlier in accordance with Section 13, below. 1. SCOPE OF SERVICES Consultant agrees to perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant shall perform and deliver the services in the timeframes specified in Exhibit A or as otherwise requested by the City. The services shall be provided per written request of the Executive Director of Public Works, or designee, after the City's issuance of a Notice to Proceed. 2, COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the fees identified in the Fee Proposal - Exhibit B, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $755,000 during the term of the Agreement. This includes (1) a fixed amount of $699,443 for services and equipment specified in Exhibit A plus (2) the amount of up to $55,557 for contingency services and equipment if necessary and upon such request for such services or equipment by the City, as both more fully described in Exhibit B. It is intended by the parties that Exhibit B shall fully set forth the entire compensation that is payable to Consultant under this Agreement, including any contingency amount, and shall supersede any other fee schedules appearing in Exhibit A. 25C -5 3. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data"), Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and — — warranty -in- regard -to- Doeuments - &- Data- which- were provided -m- Consultant by -the City. City shall not - be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes untended by this Agreement shall be at City's sole risk. A. PAYMENTS & INVOICES a. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prim month. b. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum, and other information as may be necessary: i. Consultant's invoice number ii. Beginning and ending dates for services iii. City project number and/or name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, or percentage ( %) of total senrices completed. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 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: 25C -6 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 $2,000,000 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 (o) contain standard separation of insured's 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 awned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with California state law, 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not Iess than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies sball not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Consultant fails or refuses to produce or maintain [lie 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. 7. INDEMNII+ICATION a. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all 25C -7 claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of pertain to, or relate to the negligence, reeldessness, or willful misconduct of the Consultant. b. Consultant shall defend, with legal counsel chosen by City, at Consultant's own cost, expense and risk, any and all claims, actions or other proceedings of every kind covered by Section 7(a) - that maybe brought -or- instituted against City -or its directors; officials offrcers;-employees, volunteers and agents. Consultant shall pay and satisfy any-judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers. 8. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 9. CONFIDENTIALITY If Consultant receives from the City information which clue 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 25C -8 operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. 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 or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a, As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25C -9 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 mnployer 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,-perfonnance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. The 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. 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.Q. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 To Consultant: Ramin Massoumi Iteri,s, Inc. 25C -10 1700 Carnegie Ave, Suite t00 Santa Ana, CA 92705.5551 (949) 270 -9527 (phone) (949) 270 -9401 (fax) 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. I£ 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. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below 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 shalt be incorporated as if fully set forth in the body of this Agreement. -- signature blocks appear on next page -- 25C -11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: n M. Funk ssistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT FRED MOUSAVIPOUR, P1. Ramin Massounri Executive Director Vice President Public Works Agency 8 25C -12 EXHIBIT A SCOPE OF SERVICES 9 25C -13 SCOPE OF WORK Harbor Blvd Corridor Traffic Signal Synchronization Project The City of Santa Ana desires to retain an experienced consultant to Implement Harbor Blvd Corridor Traffic Signal Synchronization Project, approved by Orange County Transportation Authority (00 "17A) as part of the 2014 Project P corridors from Renewed Measure M (M2). The project length Is approximately 10.4 miles and Includes 46 signalized Intersections, starting from Chapman Ave in Garden Grove to Newport Ave In Costa Mesa (Exhibit 1). The participating agencies are the Cities of Garden Grove, Fountain Valley, Santa Ana and Costa Mesa. Caltrans Is not a participating agency however preparing timing for $R -22 and 1-405 ramps signals on Harbor Blvd Is a component of the project. Timing Implementation at the ramp signals will be Caltrans' responsibility and there Is no Improvements proposed or planned for Caltrans ramp signals. The goals of the project are to provide all required timing and Improvements, identified in the project application (Exhibit 2), to improve traffic flaw, reduce stop and minimize congestion on the Harbor Blvd corridor. The scope of work Includes but not limited to the followings: • Provide project and contract management throughout the 3 -year project duration. • Provide timing and operation analysis, develop and implement optimized traffic signal synchronization timing for the corridor. • Provide engineering services to prepare plans, specifications and estimates for traffic signal equipment and related Infrastructure improvements. The field improvements contractor will be selected via City Santa Ana's bid and award process. • Provide construction management services to oversee the improvement implementations of the project. • Provide procurement and system Integration services for traffic signal system, monitoring system and related communication system • Provide ongoing signal timing and maintenance support for 2 -year after initial Implementation of the tim ing, The following specific tasks are required to be performed In the course of providing service for the traffic signal coordination project. Tasks are listed In sequential order for clarity. However, tasks may run concurrently or commence prior to the order listed. I. Task 1: Project Management • Project management is ongoing throughout the duration of the project. This task includes day - toWday project management, such as meetings, progress reports, tracking of schedules, Invoicing, and overall administration of the project. The consultant is required to maintain communication to all involved agencies Including OCTA as to the ongoing status of the project. The consultant acts as an extension of Santa Ana staff and will act In that capacity at meetings with the respective corridor agencies. Following are additional specifics required for this task: A. The consultant shall prepare a detailed Project Management Plan that includes budget and schedule estimates for all of the tasks described In the scope of work, providing specific project milestones for review and approval. These Items shall be detailed and Include expected meetings, activities (by work task, whether performed by consultant team or by others), start dates, activity durations, product submittal dates, relationships among work tasks (including critical path Items), and a detailed flow chart for the project tasks, and float time, 25C -14 B. Consultant shall lead a project Kick -Off Meeting with all agency representatives to establish communication channels and protocols discuss the scope, schedule, and budget; gather available Information; and obtain a thorough understanding of the goals for the project. Specific topics to discuss include data collection needs, specific programs or software used end specific construction items and procurement methodologies. C, Consultant shall conduct monthly progress meeting with participating agencies. Consultant shall prepare agendas, provide status updates, discuss the progress and direction of the work, and provide minutes for all meetings. Consultant may conduct additional meetings as necessary during the course of the project to address immediate issues or needs. D. Consultant is required to make presentations as necessary to OCTA or participating agency's Council, designated Committee or Interagency meetings to present project purpose and results. E. Consultant shall document and maintain separate project expenses for each participating agency. II. 'Task 2: Develop and Implement Traffic Signal Synchronization Timing Consultant shall collect all traffic data; perform field and existing traffic signal inventory as necessary in the project corridor to develop the optimal traffic signal synchronization plans, A. Data Collection 1. Consultant shall conduct one 24 -hour mid -week and two 24 -hour weekend (Sat and Sun) machine counts at every half -mile along the project, 24 -hour data will be used to determine the peak hour counts and synchronization. 2. Consultant shall collect vehicle classification counts at all locations where 24- hour counts are taken. 8 Consultant shall conduct weekday and weekend peak period turning movement counts (TMC) at each and every one of the project signalized intersections. a. Weekday TMC counts shall be conducted for two hours of each peak period (AM, Midday, and PM). b, Weekend TMC counts shall be conducted for one 2 -hour peak period (either on Saturday or Sunday). Exact time and day to be determined from 24 hours counts. 4. Consultant shall conduct special video recording of pedestrian and bicycle counts In all directions for 6 intersections. The video counts shall be continuous from Gam to 7pm. Consultant to provide hourly counts of pedestrian and bicycles report and copy of video. 6. Field Inventory and Exist Timing Parameters Consultant shall perform thorough field inventory of all project intersections Including traffic signal controller, related hardware, geometric layout and existing timing parameters as necessary for timing analysts. B, liming Analysis and Development of Synchronization Plans 1. Consultant shall work with the agencies to develop a model of the study area and calibrate the model based on field observations of existing conditions. Signal simulation shall be conducted In Synchro /Sim Traffic 8.0. The corrldor model must be consistent with all aspects and seamlessly interface and interlace with the County Wide Synchro Network as administered by OCTA GIS /ROADS database, Node or intersection numbering scheme must remain consistent with ROADS. 25C -15 2. Consultant shall develop optimized signal timings using the results from Synchro /SimTraffic 8.0 and recommend any changes to the signal phasing at each signalized intersection that may improve the efficiency of operations. Effort shall be made to provide seamless traffic progression with the City of Anaheim traffic signals on the north end of Harbor Blvd Corridor, 3. Consultant shall prepare, at minimum; a. Three (3) timing plans for a typical weekday which consider the following peak periods: AM Peak, Mid -day Peak, PM Peak b. One (1) timing plan for a typical weekend peak. c. Calculate and provide minimum Pedestrian Crossing Clearance timing based on 3,5 fps walking rate for every signalized Intersection in the project. d. Calculate and provide minimum bicycle clearance timing based on the current Celtrans bicycle requirements for every signalized intersection In the project. C. Implementation and Fine -Tune 1, Upon approval of the optimized signal timings by the agencies, the consultant shall Implement, or assist staff in the Implementation of new signal timings either through the central traffic signal system or direct implementatlon at the Intersection controller units a, Santa Ana staff will be responsible for input all data on its MIST central signal system and necessary activation of the timing synchronization. b. Consultant shall assist other agency staff to input and setup necessary synchronization parameters on their respective traffic signal system, 2. Once new timing is Implemented, Consultant shall flold review the timing and make or suggest timing changes to fine-tune the timing as necessary for each peak, including weekend peak. Santa Ana staff will make necessary changes on its system; Consultant will assist other agency staff in making changes In their respective system. D. Before and After Evaluation Project travel -time data will be collected using the floating car method, a laptop computer, a GPS receiver unit, and the methodologies and software identified below. 1. Before Study Consultant shall conduct a'Before' field study report representative of the times and days for which synchronization plans will be developed. The report shall identify Measures of Effectiveness (MOE) to evaluate the effects of the synchronization plans. MOE's will likely include traffic flow, travel time, average speed, number of stops per mile, number of intersections traversed on green vs. stopped by red (Greens per Red) (note; Average Speed, Stops per Mlle, and Greens per Red are the new OCTA MOE, Corridor Synchronization Performance Index (CSPf)), fuel consumption reduction, pollution reduction, and other pertinent Items. The CONSULTANT shall include the CSPI as part of the MOE$ as they are easily identifiable by lay persons relevant to demonstrating corridor improvements. The identified MOE's shall be compiled for the corridor using the floating car method and from Synchro a.0 and from Tru- Traffic Version 10,0, At least five (5) runs will be completed In each direction for each of the three weekday timing plans (a.m., mid -day, and p.m.), and at leastfive (5) runs will be completed in each direction during the weekend plan. 2. After Study Consultant shall conduct two (2) "After" field studies. + First "After" study is to be completed after the completion of the Initial timing Implementation. 25C -16 • Second 'After' study is to be completed at the end of the 3 year contract. This is to determine the effectiveness or degradation of the system timing after year 3 due to changes in road conditions, traffic patterns and whether additional timing is necessary. Consultant shall conduct the 'After' field study report representative of the times and days for which synchronization plans was developed. The 'After study must be conducted In the same manner and contain the same MOE's as the'Before' study In order to evaluate the Improvements of the synchronization plans. The identified MOE's shall be compiled for the corridor using the floating car method and from Synchro 8.0 and from Tru- Traffic Version 10.0. At least five (5) runs will be completed In each direction for each of the throe weekday timing plans (a.m., midday, and p.m,), and at least five (5) runs will be completed in each direction during the Saturday midday plan. 3. Synchronized Video Consultant shall prepare 2 synchronized videos of before and after condition, one forAM peak and one for PM peak. The videos shall be synchronized to show side by side of the before and after run. Video to be used for presentation purposes 4. Bluetooth Travel Time System Comparative Analysis Consultant shall perform a travel time comparative analysis between the Bluetooth travel time system on Harbor Blvd within the Santa Ana segment using data collected by the Blui time travel system versus the manual date collected for before & after study. Consultant shall prepare a memorandum comparing the results of the 'Before' and 'After' field study with reference to the specific MOE's and present the findings to the agencies. Consultant shall finalize the memorandum based on comments received from the agencies. III, Task 3: Engineering (PS &E), System Procurement and Integration The project also has a number of improvements that include traffic signals upgrade, traffic surveillance system, detection system, communication system, Traffic Management Center hardware /software upgrades and other traffic signal synchronization related, • All standard field construction that required proper licensed and bonded contractor will follow Santa Ana's bid and award process. These will require Plans, Specifications and Estimate packages to be prepared by the consultant under Engineering (PS &E) task. Payment for field improvements via Santa Ana's bid and award process will be the City's responsibility. • All other improvements including hardwarelsoftware upgrade that can be completed under professional engineering services will be done bythe consultant or its subcontractor under System Procurement and Integration Task. Payment for all work under system procurement and integration will be the Consultant's responsibility. A. Engineering (PS &E) Consultant shall perform all necessary data collection and field review to prepare plans, specifications and estimates and bid packages for the listed improvements. PS &E and bid package for improvement in Santa Ana shall conform to City of Santa Ana's standards and procedures for bid and award. Plans and specifications for improvement shall conform to individual agency's standards; however bid package shall conform to City of Santa Ana's procedures for bid and award. 1. City of Garden Grove: rd 25C -17 From the list of Improvements identified in the Exhibit 2 - Appendix B, the following specific Improvements will require preparation of PS &E: a. Cabinet and controller upgrade b. Video detection installation c. Emergency Vehicle Preemption installation d. Pedestrian equipment upgrade e. All other related improvements on the application but not listed under the consultant procurement and implementation. 2. City of Santa Ana; City of Santa Ana will provide design and PS &E for all Improvements within its jurisdiction. 3. City of Fountain Valley No Improvement proposed. 4. City of Costa Mesa; From the list of improvements identified In Exhibit 2 - Appendix B, the following specific improvements will require PS &E; a. Conduit/pullbox and Interconnecf/flber optic installation b. G.CTV Installationlreplacement c. Cabinet/Service upgrade /replacement d. Pedestrian equipment upgrade e. System detection or video detection installation f. Emergency Vehicle Pre - emption installation g. All other related Improvements on the application but not listed under the consultant procurement and Implementation, B. System Procurement and Integration Consultant under the engineering services shall be responsible for the procurement, installation and Integration of the improvements listed below. All controllers, communication equipment, system hardware and firmware shall have 3 year license /maintenance /guarantee on firmware /software patches, fixes, updates or upgrades. 1. City of Garden Grove No system procurement and Integration. 2. City of Santa Ana o. TMC Consultant will work with Santa Ana staff to determine the details of the Video Management System and Video display System upgrades at the Traffic Management Center (TMC), The system upgrades to include the following: 1, Additional Milestone Video Management System CCTV camera licenses. 2. All necessary server(s), hardware and for operating, managing and recording of the video systems. 3. Upgrade wall display monitors and associated mounting mcdfficatlons and hardware. 25C -18 Consultant shall prepare necessary PS &E, procure and Implement the Improvements. Cost shall not exceed the budget of $100,000 plus 10% contingency. b. BluFax Consultant shall procure and Install BluFax field units at 3 locations as shown In Atta4 Gant -3; Exhibit 2 � Appendix B Consultant shall have the Implementation of the Blufax units completed and Integrated Into Santa Ana's existing BluFax system prior to performing any'Before' study. c. IP Communication Consultant shall procure and install all IP communication equipment (I.e. Ethernet and fiber optic switches) as shown In the Exhibit 2 - Appendix B. If necessary due to budget constraint, Santa Ana can assist In Installing and programming the equipment; consultant must provide detail costs and state such request in the proposal. 3. City of Fountain Valley No system procurement and Integration, 4. City of Costa Mesa a. TMC Consultant will work with Costa Mesa staff to determine the needs of the City to upgrade Its Traffic Signal System or Video Management and Display Systems and related Improvements. Consultant shall prepare PS &E if necessary, procure and implement the system. Cost is not to exceed the budget of $50,000 plus 10% contingency, b. IP Communication Consultant shall procure and install all IP communication equipment (Le. Ethernet and fiber optic switches) as shown In the Exhibit 2 - Appendix B c. Traffic signal controllers replacement Consultant shall procure and install ASC3 traffic signal controller as shown In the Exhibit 2 - Appendix B. IV, Task 4 Construction Management Once the Improvements contracts ara awarded to construction contractors, Consultant shall provide engineering, coordination and documentation support with the contractor as necessary to ensure proper and complete implementation of the project improvements. In addition, ConsulianP shall provide the following services,. A. City of Garden Grove Consultant, as representative for Santa Ana Construction Engineering, shall coordinate with the contractor and oversee all the improvements within City of Garden Grove. However, all construction inspo0on services will be provided by City of Garden Grove, B. City of Santa Ana Santa Ana staff will provide all construction management and inspection services for improvements within Santa Ana, 25C -19 C. City of Fountain Valley There is no construction management far City of Fountain Valley. D. City of Costa Mesa Consultant, as representative for Santa Ana Construction Engineering, shall coordinate with the contractor and oversee all the Improvements within City of Costa Mesa. However, all construction Inspeotion services will be provided by City of Costa Mesa. V. Task S: Provide ongoing Operational and Maintenance Services A. Ongoing Operational Services CONSULTANT will provide "on -call" signal timing support services for a perlod of two years or 24 months following the Implementation and fine tuning of the final signal timing plans to address any future adjustments that may be needed during this period. CONSULTANT will drive the. length of the project arterial during all designated corridor synchronization timing plans (AM, Mid -day, PM and Weekend peak) on a monthly basis in order to verify that the synchronization timing is working as designed, and complete any necessary adjustments. Consultant shall provide monthly report of the operatlon. B. Ongoing Maintenance Services Consultant will provide communication and detection support for the equipment installed as part of the project. Work Is limited to troubleshoot and provide repair or provide replacement of equipment, up to the allocated budget. V1. Task 6: Project Report A. Final Report • At the completion of timing and improvement implementation, consultant shall prepare a Final Report. The report shall provide complete documentation of the project, including, but not limited to, executive summary, project objectives, project locations, project scope, findings, recommendations, implementation schedule, improvements accomplished, procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal system, work performed, data collected: 'before' and 'after' studios and project benefits achieved In terms of fuel savings, travel time, and other measurable parameters. The report shall include for each intersection the lane configuratlons; signal phasing, turning movement data, and cycle lengths for existing and proposed timings for all peak periods. In addition, in a separate binder, all the traffic signal phase sequences signal timing plans, bicycle timing and pedestrian timings shall be documented. The report shall document all planned and programmed improvements on the study corridor as well as recommendations for further infrastructure Improvements that would likely improve the corridor signal coordination project results. Consultant shall present the final report and results of the project to OCTA and city counclls if required. The report shall be completed in accordance with the current CTFP Guidelines. Deliverables: • 5 hard copies of the Final Report • Electronic versions of all reports, data flles and memorandums B. Supplemental Report 25C -20 At the end of three year contract, the consultant shall update the Final Report with a Supplemental report, documenting ongoing operations and maintenance, changes made, the analysis of the final 'After'study, and any additional recommendations to the corridor. Deliverables; • 5 hard copies of the Supplemental Report Electronic versions of all reports, date files and memorandums VII, Budget Allooetion Budget forthe tasks have been approved and allocated as shown In the table below. Consultant may adjust costs for individual task as appropriate; however, the total cost for each agency shall not exceed Its allocated budget. No additional funds will be provided. Item Task Consultant Garden Grove Santa Ana Fountain Valley Costa Mesa Subtotal 1 Primary Implementation $111,776 $190,200 $21,Qp0 $933,024 $656,000 2 Ongoing 0 eratlon & Maint. Services On -going Operational Services $17,640 $15,960 $5,040 $33,600 $72,240 Maintenance Services $7,560 $5,472 $2,160 $11,520 $25,712 Sub Total $136,976 $211,632. $25,200 $378,144 $754,952 _ Total $754,952 VIII. Attachments A. Exhibit 1 — Project Map B. Exhibit 2 -Project Application & Improvements 0 25C -21 Chapman dve EXHIBIT 1 PROJECT MAP Ap NORTH 25C -22 LEGEND —"'°'Harbor Blvd Corridor p City of Garden Grove Caltrans City of Santa Ana O City of Fountain Valley ® City of Costa Mesa 25C -22 EXHIBIT 2 PROJECT APPLICATION AND IMPROVEMENTS 25C -23 CITY OF SANTA ANA FY 2014 Call for Projects Regional Traffic Signal Synchronization Program Project P Harbor Boulevard Corridor Traffic Signal Synchronization Project Supplemental Application Documentation Revised Jan 6, 2014 Submitted by: City of Santa Ana With the cooperation of the following Agencies: City of Garden Grove Caltrans D12 City of Fountain Valley City of Costa Mesa Contact: Vinh Nguyen 714- 647 -5612 vn uyenOmsanta-ana.ora 25C -24 - I a -- Section 1: Key Technical a, e °cnaoa�aa Information AVO _ 1 NORTH a. The network of Harbor Boulevard is Garden Grove being proposed for traffic signal i synchronization. According to Figure 1, the Waslniinsle�& project limits are from Chapman Ave in the City of Garden Grove to Newport Blvd in the m City of Costa Mesa, which will have inter- . o 5i Santa Ana agency coordination among five jurisdictions. 0 0 0 Ed,,v Asia ♦ter b. Designation of the corridor to �'OU!tialn0 vAfoy i synchronize: © ® Priority Corridor ❑ Signal LEGEND % e j'' �� Harbor Blvd Corridor Synchronization Network Corridor awlfj emoo? t ❑Master Plan of Arterial Highways Corridor 9 0 e ® City of Garden Grove ® Coltrane ® { •city of Santa Ana C. Project start date: May 1, 2015 a'84 et1 ' a City of Fountain valley Project end date: May 1. 2018 ±= § City of Costa Mesa All agencies commit to operate signal synchronization beyond the three year grant m, period for. 4 90 years ❑l year ❑2 years „ 1 El years ❑Other 3 S Figure l: Signalized intersection and Proposed Project limits d. Signalized intersections that are part of the project: see Table I 2 25C -26 Table 1: Project Traffic Signals for the Harbor Boulevard Slanal_ nIchronizatign Pro ect , Intersection Name Jurisdiction 1. Chapman Ave @IIarbor Blvd 2. Resort We /Target Ctr @ Harbor Blvd 3. Twinlree Ave rr7, Harbor Blvd 4. I,an son Ave @ Harbor Blvd 5. - -- Water Park Harbor Blvd Garden Grove 6. Palm St @ Harbor Blvd _ 7. Garden Grove Blvd (a) Harbor Blvd S. Harbor PI a Harbor Blvd 9. SR -22 WB RmLij) Banner St @ Harbor Blvd Caltrans_ 10. _ Trask Ave @ Harbor Blvdry 11. Cardinal St a), Harbor Blvd Garden Grove 12. _ Westminster Ave n) Harbor Blvd -� 13. Hazard Ave C� Harbor Blvd 14• 5th St R Harbor Blvd -� 15. 1st St cd Harbor Blvd Santa Ana 16. McFadden Ave a0 Harbor Blvd 17. Kent Aye @Harbor Blvd - 18. Lilac Ave a Harbor Blvd 19. 20. Edin ,er Ave ` «) Harbor Blvd -- Heil Ave Harbor Blvd Fountain Valle `/ 21- _ Warner Ave (& Harbor Blvd 22. Se rerstrom Ave (a) Harbor Blvd 23. Garry Ave c), Harbor Blvd Santa Ann 24. MacArthur Blvd a, Harbor Blvd 25. Scenic Ave aD Harbor Blvct �� ��� 26. Sunflower Ave (� IIarbor Blvd 27. Law Court @ Harbor Blvd Costa Mesa 28. South Coast Dr (ta ) IIarbor Blvd 29. I -405 NB Ramp Harbor Blvd 30. _ 1 -405 SB Ramp Harbor Blvd - Caltrans 31. Gilsor Ave c IIarbor Blvd 92. Date PI r7 Flarboc Blvd 33. Nuttue Pl rd IIarbor Blvcl �.._ ��_ - _ 34. Baker Se @IIarbor Blvd_ 35. Adams Aver Harbor Blvd 36, Mesa Verde/ Peterson PI @ Harbor Blvd 37. Merrimac Wy @ Harbor Blvd -� 38. Pair Dr Ft3 Harbor Blvd Costa Mesa 39. -_ _ Harbor Ctr a Harbor Blvd 40. Wilson St rD Harbor Blvd 41. Victoria St a, HarUcr Blvd 42. _�Y Iiamilton St a) IIarbor Blvd M 43. Bay St @ Harbor Blvd 44. 19th St @IIarbor Blvd 45, NawPort Blvd a3 Harbor Blvd 46. Wilson St fit) Center Wy 25C -27 e. Traffic Forum members: Garden Grove California Department of Transportation Santa Ana Fountain Valley Costa Mesa Section 2: Lead Agency M City of City of Santa Ant will be the lead agency ❑ OCTA agency is requested to be the lead ❑ County of Orange will be the lead agency Section 3: Resolutions of Support !resolutions of support from Traffic Forum members are provided on Appendix A, 4 25C -28 Section 4: Preliminary Plans for the Proposed Project L Primary Implementation a. Project Administration The multi jurisdiction project of Harbor Boulevard will be led by City of Santa Ana. Project Administration services will include but not limited to administration, engineering, design, coordination, presentation and other related responsibilities to ensure the timely implementation of the project. b. Developing and implementing optimized signal synchronization timing In accordance with the Traffic Signal Synchronization Master Plan, the proposed synchronization of Harbor Boulevard will involve the Traffic Forum members to design and implement signal tinning synchronization across jitrisdictional boundaries to mitigate traffic and improve volume throughput along the corridor. Coordination parameters for peak traffic periods will be dependent upon existing field conditions, traffic patterns and maintaining cross- coordination. Timing plans for Caltrans intersections will be prepared and ,provided to Caltrans for implementation. The project will take into account of Harbor Blvd timing at Hotel Way in the City of Anaheim. Effort will be provided, to the extent feasible, to maintain cross - jurisdiction synchronization on Harbor Blvd into the City of Anaheim. c. Producing a Before and After Studv for the project The efore and After 51u for Harbor Boulevard will be conducted as defined by Regional Traffic Signal Synchronization Program guidelines. The studies will collect empirical data before and after the Primary Inhplementation. With proposed installations of Bluctooth monitoring stations at selected major intersections, accurate, real -time travel time will be measured along with staff test chives. The data will then be compares( for the effectiveness and differences in the performance of the new traffic synchronization. d. Engineering Design of Signal Irrhprovennents for tyre Project The City of Santa Ana will be performing the engineering design in-house for all signal improvements within its City limits. City staff will field verify and design the upgraded infrastructure along with new equipment to implement and maintain the new traffic synchronization. For inrprovemerrts in City of Garden Grove, Fountain Valley, Costa Mesa and Caltrans where and if engineering design is 5 25C -29 needed, the agency's staff will provide existing/as-built information and assist the project consultant to prepare the plans. e. Proposed Signal Imlrrovements Garden Grove The City is proposing to upgrade existing detection to Video Detection, replace pedestrian heads with countdown types, upgrades and install Emergency Vehicle Preemption at eight intersections. In addition, the City will upgrade the traffic signal cabinet at Cardinal St. C la trans No proposed improvements. City of Santa Ana All of the traffic signals along Harbor Blvd within the City are proposed to have Ethernet communications, which will enable various locations to have Bluetooth travel time measuring systems and digital closed - circuit television carnera systems for real -time monitoring, evaluation and line tuning of the new synchronization plans. Approximately 3,200 feet of new conduit and 9,500 feet of new fiber optic cable will be installed. Form locations are being designed to have System Detection upgrades. In addition, the City is proposing to replace pedestrian heads with countdown types at four intersections. The City is also proposing upgrades to the Video Management System and Central System at the Traffic Management Center (TMC). The TMC improvements include upgrade of video display software and associated workstation /hardware, additional CCTV licensing, upgrade of display from analog to digital monitors. These TMC improvements will enhance the ability of the City to monitor and maintain traffic synchronization on the corridors. Fountain Valle No proposed improvements. 9 25C -30 Costa Mesa The City is proposing the installation of interconnect conduit with fiber optic cable along with Ethernet Communication equipment and CCTV camera system at various locations. The City is also proposing traffic signal cabinet & ,foundation upgrades at nine intersections. In addition, the City is proposing installation of Uninteruptible power Source, Emergency Vehicle Preemption and replace pedestrian heads with countdown types at several locations. The City is also proposing upgrades to the existing Traffic Management Center. 2. Ongoing Maintenance and Operation Ongoing maintenance and operation period will start after signal timing is implemented and last for a period of two years. It will consist both of (1) monitoring and improving optimized signal thiiing and (2) communications and detection support. Ongoing Maintenance will not be provided for Calt ans intersections. Descriptions of both are provided below: a. Monitoring and improving optimized signal timing After the Primary hnplementation of the new coordination parameters, the corridor will monitored and fine tuned monthly or as needed for the duration of two years. Improvements to the signal synchronization will be made according to the test drives and changing field conditions. b. Communications and detection support The communication and detection systems will be monitored and repaired as necessary to maintain efficient corridor synchronization throughout the project schedule. c. Final report After the threc year grant period, a final report for the project will be developed and will include before and after studies, updates of the results from the ongoing maintenance and operations phase raid will establish completion of all CTFP Guideline requirements. 7 25C -31 Section S: Total Proposed Project Cost by Task Primary Implementation The Primary implementation will include the following elements. Table 2. Estimated ted Cost of Proposed Signal Iinprovenrtx for harbor Boulevard by Agency Total Mntcb Cash in -Kind a. Project Administration $5600 $1,200 516,000 _ K Developing and Implementing Optimized Signal S ochrnnizatiar Timin $178.000 $15,200 $20,400 c. Producing a Before and After Study for the proposed project $46,000 $9,200 $0 Total I - Project Admin Develo sin /Im lelent Thlih , PInnLRe3)ort, and Engincerin Dcxl m $310,000 $25 G, 00 $36,400 c. Proposed Sig it System Improvements Description of Unit Material, il1atch Agency Harbor Work at This Price Unit Design Tax, & TuMI _ Location e Labor Cash In -Kind Video Detection _ Garden Grove Chapmnn Ave Upgrade, EVP, Ped $29,500 1 51,000 $29,500 $30,500 $6,100 so U rude Resort Video Detection _ Garden Grove Way /Target Upgrade, EVP, Peel $29,000 1 $1,000 $29,000 $30,000 $6,000 so _ Ctr Il r rode Garden Grovc Ttvintree Ave _ Video Detection Garden Grove Lampson Ave Upgrade, EVP, Ped $33,700 1 51,000 $33,700 $34,700 $6,940 s0 U rude Carden Grove Water Park Video Detection -_'- Darden Grove Palm St Upgrade, EVP, Ped $20,000 1 51,000 $29,00(} $30,000 $600 $0 _._.__ _- U Garden Grove Video Detection Gorden Grove Blvd Upgrade, EVP, Ped 533,700 I $1,000 533,700 $94,700 $6,940 s0 U rade Video Detection �_ - - GardenGrove Harbor P) Upgrade, EVP, Ped $32,000 1 $11000 $32,000 533,000 $6,600 s0 upgrade Caltmns SR -22 WB Off' -_�-- Rmnr Video Detection Garden Grove Trask Ave Upgrade, EVP, Ped $29,000 1 61,000 629,000 530,000 $6,000 s0 U o rado Video Detection Garden Grove Cardinal St Upgrade, EVP, Pecl 846,400 1 $1,000 $46,400 $47,400 $9,480 so Upgrade, Cabinet Upgrade System Detection, _ Garden Grove/ Wcorninster CCTV Camera $20,000 I $2,000 $20,000 $22,000 2400 52,000 Santa Ana Ave System, Bluetooth Tmvel Timc Install Fiber in Existing Conduit, System Detection, Santa Ana Hazard Ave Elhemel $14,200 1 53,000 $14,200 $17,200 $440 $3,000 Communication, Bluetoo(h Trnvel _ Phne_Pad I) !00cle 25C -32 25C -33 Install Fiber in Existing Conduit, System Detection, $mrta Ann 5th St CCTV Cabinet Irsndl, Ethcnrel $39,200 1 $4,000 539,200 $43,200 $4,640 54,000 Communication, PPUT Phasing, Ped Upgrade Santa Ana Ist St Install Fiber in Existing Conduit $10,()00 1 53,000 $10,000 $13,000 $(I $2,600 Install Fiber in Snnm Ana Meradden Ave Existing Conduit Bluetooth Travel $19,000 I $3,000 $I 7,00D $20,000 $1,000 $3,000 Time _ CCTV Systen>, Santa Ana Rent Ave Ethernet $12,000 1 $0 $12,000 $12,000 $2,400 $0 Communication Fountain - "- Valley /Santa Lilac Ave Ann Fountain Valley /Santa Edinger Ave Bluctooth Travel $5,0()0 1 50 $5,000 $5,000 $1,000 $0 - Ana Time Fcantai» -- Valley /Snnm Heil Ave Ann -_- Install Catduit � - ��' Fiber, System Santa Ana Warner Ave Detection, Ethernet Co n»nunientiot, $85,000 I $3,000 S85,000 $8 8,000 $14,000 $3,000 CCTV Camera Install Conduit �C -- Fiber, Ethernet Santa Ana Segerstrom Ave Communication, CCTV Camera 557,000 1 $3,000 557,000 $60,000 $9,000 43,000 System, Pod rode Install Conduit k Santa Ana Garry Ave Fiber, Ethernet Communication, $50,200 1 $3,000 $50,200 $53,200 $7,640 $3,000 ,_,_�, Ped [Jpgrnde MacArthur. Install Conduit& Santa Ana Blvd Fiber, Ethernet 559,200 1 $3,000 $59,200 $62,200 59,440 $3,000 Communication, TIMC Upgrade, Motorist Santa Ana TMC Irfarmation System, $ 100,000 1 $0 $100,000 5100,000 $2Q0o0 50 Video System (Jmade Install Conduit& Costa Mesa Scenic Ave Fiber, Ethernet Omnnrunlcation, $15,800 1 $700 515,800 $16,500 $3,300 $0 EVP, I'ed (J n ,cads Install Conduit &. Fiber, CCTV Camera System, Costa Mesa Sunflower Ave Ethernet Communication, $52,500 I ,$2,200 $52,500 $54,700 $10,940 $q Cabinet Upgrade, Battery Backup, EVP 25C -33 10 25C -34 Install Conduit & -- Fiber, Ethernet Costa Mesa Law Court Communication Cabinet Upgrade, $q 1,500 I $1,700 $41,500 543,200 58,640 $0 Battery Backup, EVP hetall Conduit & Costa Mesa South Coast Or Fiber, CCTV Cnmora System, $24,800 1 $1,100 $24,800 $25,900 55,180 $0 EVP, Ped Upgrade Caltmns 1405 NE Off Controller Upgrade, Ram r GPS Unit Caltmns µ1 -405 SE OU Controller Upgrade _ Rem Install Conduit & Costa 4lesa Gisler Ave Fiber, CCTV $23,600 I $1,000 $29,600 $24,600 $4,920 $0 Camera System, __ EVP, Yed 0 grade Costa Mesa Date Pl CCTV Camera System, EVP $16,500 1 $700 $16,500 _ 517,200 $3,440 s0 Install Conduit & Costa Mesa Nutmeg Pl Fiber, EVP, Ped $11,600 l $500 SII,600 $12,100 $2,420 s0 U �mde Install Conduit & Fiber, CCTV Costa Mesa Baker St Camera System, Cabinet Upgrade, $61,300 f $2,500 561,300 $6300 $12,760 50 Battery Backup, ade EVP, Ped Upgrade Costa Mesa Adams Ave Install Conduit & Fiber, EVP 58,000 1 $400 $8,000 $8,400 $1,680 SO Mesa Costa Mesa Verde/1'otnrson EVP, tied Upgrade $9,300 t 5400 S9,3Uf1 $9,700 $1,940 SO Cabinet Upgrade, Costa Mesa Merinnac Wy Battery Backup, $45,800 1 $1,900 $45,800 547,700 $9,540 SO @VP, Ped U, mete Install Conduit & Fiber, CCTV Costa&lese Fair Di Camera System' Cabinet Upgrade, S60,100 i 52,500 560,100 562,600 512,520 $0 Battery Backup, EVP, Pod Upgrade Costa Mesa Harbor Ctr EVP, Ped Upgrade 58,100 1 $400 $8,100 S8,500 $1,700 So CCTV Camera. _ Costa Mesa Wilson St System, Cabinet Upgrade, EVP, Ped $41,300 1 SI,700 $41,300 543,000 $8,600 so U n rflde CC 'f V Camera _ . Costa Mesa Victoria St System, Cabinet $41,300 1 $1,700 $41,300 $43,000 $8,600 $0 Upgrade, EVP, Pod Upgrade Install Conduit & Costa Mesa Hamilton $I Fiber, Ethernet Communication, S48,300 1 $2,000 $48,300 $50,300 $10,060 50 BVP, Pml U. rade Install Conduit fi _ Fiber, CCTV Costa Mesa Buy St Cumora System, Ethernet $87,600 1 53,600 587,600 591,200 $18,240 $0 Conan LIT) icadoil, EVP, Pod Upgl'adc 10 25C -34 *: Details of improvement and cost are listed in the Appendix B 11 25C -35 Install Conduit & Fiber, CCTV Camem System, Costa Mesa 19th St Ethernet Communication, $74,300 1 $3,100 5'74,300 MAN $15,480 $0 Cabinet Upgrade, Battery Backup, EVP, Ped U � grade Costa Mesa Newport Blvd lVitson St & Ethernet Costa Mesa Center Nvay Communication, $8,000 1 51,400 $8,000 $9,400 S1,880 $0 CmnrollerUt lade Ethernet Costa Mesa TMC Communication, $58,000 1 51,400 $58,000 $59,400 $11,880 50 :fMC UL - Subtotal: Estbantert eocl of "Pi opnserf Signrr(System Lnprovemems"(tatal oornGGatil $65,900 $1,468,800 S 1,5:14,700 $280,340 $26,600 g. Contingency r n 10 °/a of tlxe €&timated costs of "Proposer( Signal System _ In rovennents' S146,1180 $29,376 $0 h. Cpnstnuuion management u r m 15% of the estimated costs of "Proposed — Si mnl $ stem Im rovements" for support mid_inspection costs) $220,320 50 $44,0(>4 Total 2- Signal System Improvements, Cfntstrinetien Suppurt(lnspeetlml, and Confln -ang Costs $1,901,900 $309,716 S70,664 Totals 1+2 $2,211,900 � $442,3AD_____. *: Details of improvement and cost are listed in the Appendix B 11 25C -35 Ongoing Maintenance and Operation a. Monitoring and improving optimized signal timing Estimated Cost:. $72,240 b. Communications and detection support Estimated Cost: $30,960 Table 3: Estimated Cost of Proposed Ongoing Maintenance and O eration Descri tion of Work Description Unit Price Cast Monitoring and Drive monthly nd improve Cirnin > } g parameters along improving optimized signal P b r 43( ) signals for 24 months after signal timing is $70 per signal per month $72,240 timing implemented Communications Monitor, maintain and repair communication and $30 signal and detection detection along 43( *) signals for 24 months after signal per per month $30,960 support timing is implemented Project team will develop a final report for the project. Project final report This report will be completed after the three year grant Negligible Negligible period. 'Proposed Ongoing Maintenance and Operation $103,200__ ( "): Ongoing Maintenance and Operation will not be provided for dmce (3) Caltrani intersections. Total Project Cost including Primary Implementation and Ongoing Maintenance and Operation for Three Year Grant Period Total Estimated Cost: $2,315,100 Cfuble 2 + Table 3 = $2,211,900 -1- $103,200) Comments (if any): 12 25C -36 Section 6: Project Schedule by Task for the 3 Year Grant Period Project: start date: May 1, 2015 Project end date: May x.201& Primary Implementation .._ __.. Task_ Starting Date Ending Date sa, Project Administration May 1, 2015 May 1, 2018 b. Developing and implementing June 1, 2016 May 1, 2018 optimized signal synchronization May 1, 2015 May 1, 2016 timing c. 1'rodacing a Before and After Study May 1, 2015 June 1, 2016 d. Engineering design of Signal System Improvements May 1, 2015 Sept 30, 2015 Construction Support/ Inspection and Sept 30, 2015 May 31, 2016 Contingency Costs f. Contingency �— Scpt 30, 2015 May 31, 2016 g. Construction Management May 30, 2015 May 31, 2016 Ongoing iVIaluteaaance mad 01>eration Task Starting Date Ending Date a. Monitoring and improving optimized signal tuning June 1, 2016 May 1, 2018 b. Communications and detection support —� - _c. June 1, 2016 May 1, 2018 Producing a Final Report April I, 2017 May 1, 2018 13 25C -37 Section 7: Matching Funds Table 2 (Implementation): M2 Funds Requested $1,769,520 Phase Match Amount $442,380 In-kind match ainount _._ $107,064 Cash match amount $335,316 Total Phase Cost $2,211,900 Table 3 (Ongoing Activities): IkI2 Funds Requested $82,560 Phase Match Amount $20,640 In -lrind match amount $4,248 Cash match amount $16,392 Total Phase Cost $103,200 Project Total: M2 Funds Requested $1,852,080 Total Match Amount (min 20 %) $463,020 In -kind match amount (max 20%) $'111,312 _ Cash match amount $351,708 Total Project Cost $2,315,100— Total Match Ratio (to total project cost) - $463,020 / $2,315,100 = 20% AGENCY TOTAL MATCH SUMMARY Ageney Cash r In -Kind Total Match Garden Grove $75_,446_ $12,069 $872515 Santa Ana $91,028 $49,432 $140,460 Fountain Valley $5,640 $0 x;5,640 Costa Mesa _. 179,594 $49,811 405 Caltrans $0 $0 __2$229 $0 TOTAL $351,708 $111,312 $463,020 Note: No improvements are proposed for Caltrans locations; only timing plans will be prepared and given to Caltrvns for' implementation. Cost for timing is included in Cities of Garden Grove & Costa Mesa. 14 25C -38 MA'T'CH BREAKDOWN (CASH VS IN -KIND SERVICES) A. Cash Match Agency Fundin Source Amount of Casit Contribtltiott _ Garden Grove M2 Fairshare $75,446 _ Santa Ana M2 Fairshare 591,028 Fountain Valley M2 Fairshare $5,64q Costa Mesa A MD $179,594 Caltrans _ $0 TOTAL �$351,70R B. In -Kind Services i. Sbecl�c Lnnrewements (I tst items nntl Cost): Agency Improvement _ Date of Construction Expenditure Fully Burdoned Agency Staff Position TOTAL $0,00 fl. Staz`inaCommrtment: *: Estimate, subject to change 15 25C -39 —� —� No. of Fully Burdoned Agency Staff Position Two of Service to Project Hours* Hr Rate* Total* Associate Engineer Design/Implementation/Review 40.00 $95°00 $3,800 Sr. Traffic Signal Implementation /Constr. Engrng 30.00 �— $75.00 2 .SO $2,250 Garden rve Grove rabic Sig<tal Electrician Implementation /Constr. Engrng 40.00 $50.00 $2,000 Construction I nsp ector Constr. n r Ct Egn 6 34.95 $115.00 ry $4,019 —� Sub Totat for Garden Grove $12,069 Sr. Civil Engineer Admin/Review 32.00 $23100 $7,456 Assistant Engineer 11 Design %Implement / Const 70.00 $213.00 $14,910 F'ngrng Santa Assistant Traffic _ Design/Implement /Constr _ Ana O cr Engineer En r 70.00 $213.00 $14,910 Construction Inspeator Constr Engrng 40.00 _ $187.00 $7,480 Engineering Interns g S Design/Implement /Constr 114.04 $41.00 $4,776 Eogrng i. Subtotal For Santa Ana $49,432 Transportation Services Ma Oversight 36.00 $200,00 nageC $72,000 > Costa Mesa Associate Engineer Project Manager 12000 . $I50 °00 — $18,500 Assistant Engineer __ Signal Timing 95 °00 $140.00 $13,300 _ Enginee°ingTech _Technical Field Support 94. 26, $120°OO $1I,31 l _ Subtotal for Costa Mesa $49,811 TOTAL IN -JUND MATCH *: Estimate, subject to change 15 25C -39 Section 8: Environmental clearances and other permits "A categorical exemption will be obtained for this project upon project award." Section 9: Calculations used to Develop Selection Criteria Inputs: I . Vehicle Miles Traveled (VMT): Segment Current Average Daily Traffic Distance (mi) VMT ADT *D Chapman Ave to Latn sou Ave 28,000 0.5 14000 Lam son Ave to Carden Grove Blvd 33,000 0.66 21780 Garden Grove Blvd to Trask Ave 39,000 0.5 19500 Trask Ave to Westminster Ave 53,000 0.5 26500 Westminster Ave to Hazard Ave 48,000 0.5 _ 24000 Hazard Ave to 1st St 48,000 0.5 24000 1 st St to McFadden Ave 45,000 0.48_ 21600 McFadden Ave to Edinger 45,000 0.75 33750 Edin >ee Ave to I3eit Ave 42,000 0.2_5_ 10500 Heil Ave to Warner Ave 42,000 0.7t _ 29820 Warner Ave to Segerstron. Ave 42,000 _ 0.36 15120 Se erstrotn Ave to MacArthur Blvd 42,000 _ 0.46 19320 MacArthur Blvd to Sunflower Ave 44,000 _ 0,44 19360 Sunflower Ave to South_ Coast Dr 44,000 0.28 12320 South Coast Dr to Gilser Ave _ _ 59,000 0.32 _ 18880 Gilser Ave to Baker St 59,000 0.48 28320 Baker St to Villas W G2,000 0.17 y 10540 Village Wy to Adams Ave 55,000 0.3 16500 Adams Ave to Fair Dr 43,000 0.7 _ 30100 Fair Dr to Wilson St 40,000 0.5 20000 Wilson St to Victoria St 39,000 0.25 9750 Victoria St to Ba St 34,000 0.25 8500 Bay St to Newport Blvd 27,000 0.55 14850 Total Project VM"l• 449,019 Source of ADT are from OCTA 2012 Traffic Flow map 16 25C -40 Section 10: Include any additional information or documentation deemed relevant by the applicant Project Summary Z All guidelines were met for this project ❑ Not all qualifications were met, provide an explanation below of why the guidelines were not met for this project. 17 25C -41 Calculation and estimated Points Criteria Estimated Points 1. Vehicle Miles Traveled (VMT) (20 Points) VMT =449 010 (Sec Above Table) 20 2. Cost Benefit Ratio: (15 Points) Calculatio,ii for Total Project Cost/ VMT= 2 330 450 /449.010= 5.2 --- 13 3. Project Charactcristics: (10 Points) Signal Coordination; Communications and detaction supEorC New or upgraded communication systems •md detections Intersection/field 10 system modernization and reolacement New Protective /Permissive gigpAl& TMC Upgrades 4. Transportation Significance; (10 Points) Priority Corridor 10 5. Maintenance of Effort: (5 Points) 0_ years beyond 3 veal grant period 0 6. Project Scale: (10 points) a. Number of signals = 46 b. Number of signals bginit synchronization / Total number of 4 corridor signals= 46/ 97= 470 7. Number of,turisdietions: (20 Points) 5 jurisdictions 20 R. Current Project Readiness: (5 Points) Pro•eJ ct start date: Mav 1 2015 5 9. Funding Match: (5 Points) 1466,090 / $2.330.450 = 20' 0 Total Points 82 Section 10: Include any additional information or documentation deemed relevant by the applicant Project Summary Z All guidelines were met for this project ❑ Not all qualifications were met, provide an explanation below of why the guidelines were not met for this project. 17 25C -41 APPENDIX A. Resolutions of Support (on file) 18 25C -42 APPENDIX R Improvements Detail Costs 19 25C -43 s i a ° s m s a K h 25C -44 V g s r r o � c y AW V N N o� VNi IryR W. J L ryp b +ii yr r r b W W Nt0 uOl N^ 0 N °•w i°o'o m r 4 E > c v L5 g 19 p C p m� 0 a D t u°i m tJ E ryo 25C -44 V g s r c V N N q� b VNi IryR W. ryp b +ii yr r b W W Nt0 uOl N^ 0 N r 4 25C -45 "99 5 9 g §25. F6� G »C'P SRi pY E r�S� M UGgry. G P GIR IN IN MINIMUM III NUNN 11111111 1111111111111 1111,11111 IN 1111111111 ollillillillillillillill imillillillillillilliilill 1 IN M1111111 111 1 25C -45 "99 5 9 g §25. F6� G »C'P SRi pY E r�S� M UGgry. 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[ el 7 11114 APRIL 21, 2015 TITLE: AMEND AN AGREEMENT FOR PUBLIC ACCOUNTING SERVICES IN CONJUNCTION WITH THE MEDICAL MARIJUANA REGISTRATION APPLICATION RANDOM SELECTION PROCESS WITH WHITE NELSON DIEHL EVANS LLP (STRATEGIC PLAN NO. , 1; 5 4) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 111:1=1i19:4101 ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with White Nelson Diehl Evans LLP (Consultant) to conduct a random selection "lottery" process under the provisions of Measure BB (Ordinance No. NS 2864) for an additional amount of $9,000 not to exceed a total contracted amount of $34,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 1, 2014, the City, in accordance with the voter - approved ballot measure BB, entered into an agreement with the Consultant to conduct a random selection "lottery" process to select locations which would be allowed to submit applications for a Regulatory Safety Permit to operate a Medical Marijuana Collective within the City. At the time the original Consultant Agreement was signed the estimated number of applications that would be received for this process was anticipated to be approximately 200. This estimate was based on information derived from other jurisdictions which had engaged in open or lottery type selection processes. However, at the conclusion of the Medical Marijuana Registration Application period on January 15, 2015, the City was in receipt of 632 Medical Marijuana Registration Applications, over 3 times the number initially projected. This increase in applications received resulted in a substantial increase in the time, staffing, and materials required by the Consultant in order to continue to ensure that the selection process was performed in a fair, independent and impartial manner as approved in the original agreement. To adjust for the increase in applications, the original agreement was amended on January 23, 2015, to accommodate the expanded scope of work and clarify the role of the consultant in connection with increased due diligence services, preparation, and post lottery reporting. These additional measures resulting from the increase in Medical Marijuana Registration Applications 25D -1 Amendment to the Agreement with White Nelson Diehl Evans, LLP April 21, 2015 Page 2 received resulted in an additional $9,000 cost to cover the additional time, staffing, and materials required to conduct the random selection "lottery" process. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic / pedestrian / bicycle safety), and Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #4 (Support neighborhood vitality and livability). FISCAL IMPACT Funds in the amount of $34,000 are available in the City Manager's General Non - departmental fiscal year 2014 -15 budget within the General Fund Contract Services- Professional account (no. 01105015 - 62300). Vince Fregoso, A 1CP Interim Executive D.1, or Planning and Building Agency MF/WH: APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency�j Exhibit: Second Amendment to Consultant Agreement 25D -2 0 W<<ya&M0111 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT made and entered into this 21 st day of April, 2015, by and between White Nelson Diehl Evans LLP, a limited liability partnership (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 parties entered into that certain CONSULTANT AGREEMENT (Agreement,(4- 2015 -006) [Exhibit 1], dated December 1, 2014 (hereinafter "said Agreement ") by which Contractor for an amount not to exceed $25,000 would provide "lottery" process selection services in connection with applications to operate Medical Marijuana Dispensaries within the City, and provide certain other consulting and forensic services. B. The parties subsequently entered into an Amendment to Consultant Agreement (Agreement N -2015- 006 -001) [Exhibit 2], dated effective January 23, 2015 (hereinafter "said First Amendment to Agreement "), and amended the Scope of Services of said Agreement to include increased Consultant due diligence, preparation and post lottery reporting. C. The parties now wish to amend the Compensation clause of said Agreement in order to recognize the corresponding requirement for increased contractual services as well as increased lottery equipment expense and other costs relating to said First Amendment to Agreement. WHEREFORE, in consideration of the mutual and respective promises of said Agreement and subsequent said First Amendment to Agreement, and subject to all the terms and conditions of both, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended and updated to include the services described in Exhibits 1 and 2 as set forth herein below: "I. SCOPEOFSERVICES Pursuant to Section 18- 617.01 of the Santa Ana Municipal Code (SAMC), the City's Director of Planning and Building will compile a "Qualified Registration List" of all applicants desiring to operate a Medical Marijuana Dispensary within the City. Consultant shall conduct a "lottery" process in an open and public location, pursuant to the requirements of the SAMC. Consultant shall perform such other consulting or forensic services under this contract (including but not limited to the lottery selection process and set -up, public information workshops, and consultative meetings or teleconferences with City staff) that are 1) requested by the City and 2) that the Consultant is qualified to perform and agrees to perform. 1 25D -3 I. SCOPE OF SERVICES (CONTINUED): A. The City agrees to retain an outside law firm (hereinafter "Law Firm ") knowledgeable in Federal, California and applicable County laws, regulations, ordinances, case law and other legal summaries regarding the conduct of lotteries. Law Firm will provide Consultant with an opinion on or before January 31, 2015, that the random selection of applicants (lottery) to be conducted by Consultant on February 5, 2015 is allowed under all applicable Federal, California and county laws, regulations and ordinances and will provide such other written legal /advice opinions and/or oral legal advice as is necessary at the request of Consultant. If it is determined that any process, procedure or other planned operation of the random selection process ( "Lottery") is in violation of any Federal, California or County applicable laws, regulations or ordinances, then Consultant has the option to terminate this agreement or seek further legal counsel from the Law Firm. Also, the City will be responsible for all time and charges of Law Firm, and Law Firm will invoice its time and charges directly to the City. City agrees to enter into a written agreement with Law Firm no later than January 27, 2015. B. Consultant agrees to acquire a manually - operated drum and pre - numbered ping pong balls numbered from 1 to 1,000 no later than January 28,2015. C. Pursuant to Measure BB, Section 18-617.01, the City's Director of Planning and Building (hereinafter 'Director ") or designee, has received, reviewed and approved applications for Medical Marijuana Dispensary locations through the cut -off date of January 15, 2015. Director or designee, agrees to prepare a numerical listing (the Master Listing) in both PDF and excel format of the approved applications with the following data for each approved application: • The Applicant's identifying number (Application Number or other number assigned by the City) • The Primary Contact Person on the Application • The legal name of the Applicant (natural person, LLC, LLP, • C Corp, S Corp, etc.) • The property address for which the Applicant has applied to operate a dispensary. OA 25D -4 t SCOPE OF SERVICES (CONTINUED): City will provide the Master Listing to Consultant by January 27, 2015. Consultant will perform a "random sort" using computer software on the Master Listing to assign final identifying (lottery) numbers to each approved Applicant, and will then return the Master Listing to City by January 29, 2015. The Director or designee will confirm receipt of the final Master Listing and advise Consultant. Consultant will print 750 copies of the Master Listing to be distributed to attendees at the random selection process (Lottery) on February 5, 2015. D. Consultant agrees to prepare a PowerPoint presentation of the random selection process (Lottery) and forward to City by January 29, 2015. This presentation will ultimately be used on the day of the random selection process (Lottery) for explanatory purposes to the attendees. E. City agrees that on February 2, 2015 (as detailed below) and on February 5, 2015 (the day of the random selection process (Lottery)), the City will coordinate the Audio /Visual requirements in the City Council Chambers or alternate location as follows: • The City will make available to Consultant an A/V system, a laptop computer, a pull -down screen, and aprojector for use by the Consultant. • The random selection process (Lottery) will be conducted using a large, manually- operated raffle drum, filled with pre - numbered ping pong balls. As each ball is selected, The City should provide the necessary equipment to project the ball number on the screen so that all participants can clearly see the number selected. Any necessary projection equipment must be acquired, installed and tested by January 30, 2015. F. A practice session will be held at the City Council Chambers or alternate location for White Nelson Diehl Evans LLP and City designated staff on February 2, 2015. G. The following procedures will be followed by Consultant in conducting the random selection process (Lottery) on February 5, 2015: • The Council Chambers or alternate location, will be opened to Consultant at least two hours in advance of the random selection process (Lottery). The manually- operated drum will be installed upon entry. 3 25D -5 I SCOPE OFSERVICES (CONTINUED): • The random selection process (Lottery) will be conducted under the supervision of Mr. William S. Morgan, CPA, ( "Morgan") and other staff from White Nelson Diehl Evans LLP ( "WNDE "). Mr. Morgan and other WNDE staff will load each pre- numbered balls into the manually operated drum. • Prior to the start of the random ball selection, Morgan will discuss the random selection process (Lottery) via a PowerPoint presentation to all attendees. • WNDE staff will monitor and operate the manually- operated drum at all times. • As each pre - numbered ball is selected, one City official and one WNDE staff will make a written record of the selection on the Master Listing. • Once Morgan or WNDE staff provides the Director or designee with the identifying (Lottery) number associated with the selected ball, the Director or designee will be given time to assess the coordinates of the property and deteinine if the Applicant selected must be placed on a waiting list for the subject property. H. At the conclusion of the random selection process (Lottery) the WNDE staff and City Officials will compare the results. The results of the random selection process (Lottery) will be posted by no later than 12:00 P.M. on February 6, 2015 on the City's website. On or before February 12, 2015, Consultant will publish a report on the results of the random selection process (Lottery) which will include: • A description of the various procedures used both before and during the random selection process (Lottery) to assure a truly random selection of Applicants. Conclusions that the random selection process (Lottery) was conducted in a fair, independent, and objective manner. Emphasis will be placed on the fact that no City of Santa Ana employee or elected official provided any guidance or direction on how to conduct the random selection process (Lottery). 0 25D -6 2. Section 3, COMPENSATION, shall be amended and updated to include the following: a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $34,000 during the tern of this Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement together with all subsequent teens and conditions said First Amendment to Agreement shall remain in full force and effect." IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SOMAor VALH City Attorn BY: CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: marm William S. Morgan City Attorney Principal Tax ID# 33- 0686301 White Nelson Diehl Evans, LLP Certified Public Accountants & Consultants RECOMMENDED FOR APPROVAL: VINCENT FREGOSO Interim Executive Director Planning & Building Agency E 25D -7 INSURANCE 09 FILE WORK MY PROCEED UNTIL. INSURANCE EXPIR . CLERK OF COUNCIL, DATE ;, HAsQ a: wl i61i JAN 201x: Exhibit 1 COST §ULTANT AGREEMENT N -2015 -006 THIS AGREEMENT, made and entered into this 1 st day of December, 2014 by and between Ylite Nelson Diehl Evans LLP, a limited liability partnership (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 public accountancy, 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 tenors and conditions hereinafter set forth., the parties agree as follows: 1» SCOPE OF SERVICES Pursuant, to Section 1 8-617.01 of the Santa. Ana Municipal Code (SAMC), the City's Director of Planning and Building will compile a "Qualified Registration List" of "all applicants desiring to operate a Medical Marijuana Dispensary within the City. Consultant shall conduct a "lottery" process in an open and public location, pursuant to the requirements of the SAMC. Consultant shall perform such other consulting or forensic services under this contract (including but not limited to the lottery selection process and set -up, public information workshops, and consultative meetings or teleconferences with City staff) that are 1) requested by the City and 2) that the Consultant is qualified to perform and agrees to perform. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City (as applicable) all work product which results from the services provided. Said work product (as applicable) shall be submitted in hard copy and produced in an electronic form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightdble 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 25D -8 Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world. for governmental purposes to disclose, publish, translate, reproduce, and use such materials, 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total surn to be expended under this Agreement shall not exceed $25,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2015, unless terminated earlier in accordance with Section 13, below. Although this Agreement shall first be effective as of December 1, 2014, Consultant's services shall be limited to mutually agreed to consultative meetings /teleconferences with City staff until after January 1, 2015. The term of this Agreement maybe extended upon a writing executed by the City Manager, Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant 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 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 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 to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following; single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured 25D -9 endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance, In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e, The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, 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 l 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 negligent acts, omissions or willful misconduct in the performance of this Agreement, The Consultant 25D -10 further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injruy, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding, [COMy_10D1RYY_/IRMM 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. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M -20) P.O. Box 1988 25D -11 and Santa Ana, California 92702 telefacsimile (714) 973 -1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 25D -12 To Consultant: William S. Morgan White Nelson Diehl Evans LLP 2121 Alton Parkway, Ste, 100 Irvine, CA, 92606 -4906 telefacsimile (714) 795 -5396 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and, by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal 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 parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement 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 products 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. 25D -13 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 maybe 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 herein below has the power, authority and right to bind their respective parties to each of the terns 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. 25D -14 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of Us Agreement. IN WITNESS "WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: . "'D � jhula MARIA D. I-JUJZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attoypa >tant City Attorney KAREN HALUZA brim Executive Director ?Tanning & Building Agency CITY] OF SANTA ANA DAV CAVAZOS City Manager CONSULTANT: NAME W:� \1ne,,, S„ Pnar�q�, Title: Tax 17at r Q ) 25D -15 Fi EXHIBIT A CONSULTANT'S PROPOSAL AND FEESCHEDULE Consultant's standard hourly rates shall apply to all consulting or forensic services provided (including but not limited to the lottery selection process and set -up, public information workshops, and consultative meetings or teleconferences with City staff) as follows: Nitin Patel, CPA, Engagement Partner .................... $400.00 William S. Morgan, CPA, Consultant ...................... $325.00 Managers (CPAs) ................ ............................... $225.00 - $290.00 Staff Supervisors /Seniors .... ............................... $130.00 - $190.00 Consultant will charge the City for actual hours worked at the standard hourly rates noted above, not to exceed $25,000.00. Consultant will provide City with detailed accounting of hourly charges and other associated costs incurred. Consultant will invoice City monthly on a net 30 day basis. • Prorated hourly billings shall be stated in 15 minute intervals. • Travel time charges to and from any workshop, meeting, public lottery, and all other events requiring attendance by Consultant or Consultant's representative during normal working hours shall be included. • Cost of Lottery Equipment (durable goods) shall be separately stated along with the cost of consumables (all taxes included). Durable lottery equipment purchased by Consultant and reimbursed by the City, shall become property of the City. 25D -16 INSURANCE ON FILE Exhibit 2 N- 2016.006.001 WORK {SAY PROCEED UN "V "VLPN� EXPIRES CLERK CLERK OF COUNCIL RATE:. AMENDMENT TO CONSULTANT AGREEMENT o; � % ,SWAM RECITALS sellwar4"" ) A, Whereas, on December 1, 2014, , White Nelson Diehl Evans LLP, a limited liability partnership (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 ") entered into a Consultant Agreement ( "Consultant Agreement ") whereby Consultant would conduct a "lottery" process in connection with applications to operate Medical Marijuana Dispensaries within the City, and provide certain other consulting and forensic services; B. Consultant and the City wish to amend and clarify the Scope of Services under the Consultant Agreement, effective as of January 23, 2015; C. Section 11 of Consultant Agreement provides that the Consultant Agreement may be modified pursuant to a written instrument signed by the City and by an authorized representative of Consultant, AMENDMENTS TO CONSULTANT AGREEMENT 1. SCOPE OF SERVICES: In consideration of the mutual and respective promises, the parties agree to the following amendments to the Scope of Services: A. The City agrees to retain an outside law firm (hereinafter "Law Firm ") knowledgeable in Federal, California and applicable County laws, regulations, ordinances, case law and other legal summaries regarding the conduct of lotteries. Law Firm will provide Consultant with an opinion on or before January 31, 2015, that the random selection of applicants (lottery) to be conducted by Consultant on February 5, 2015 is allowed under all applicable Federal, California and county laws, regulations and ordinances and will provide such other written legal/ advice opinions and/or oral legal advice as is necessary at the request of Consultant. If it is determined that any process, procedure or other planned operation of the random selection process ("Lottery) is in violation of any Federal, California or County applicable laws, regulations or ordinances, then. Consultant has the option to terminate this agreement or seek further legal counsel from the Law Finn, Also, the City will be responsible for all time and charges of Law Firm, and Law Firm will invoice its time and charges directly to the City, City agrees to enter into a written agreement with Law Firm no later than January 27, 2015. B. Consultant agrees to acquire a manually- oporated drum and pre - numbered ping pong balls numbered from 1 to 1,000 no later than January 28, 2015, 11 25D -17 N-2o15.006,001 1, SCOPE OF SERVICYS (CONTINUED): C. Pursuant to Measure BB, Section 18- 617,01, the City's Director of Planning and Building (hereinafter "Director ") or designee, has received, reviewed and approved applications for Medical Marijuana Dispensary locations through the cut -off date of January 15, 2015. Director or designee, agrees to prepare a numerical listing (the Master Listing) in both PDF and excel format of the approved applications with the following data for each approved application: • The Applicant's identifying number (Application Number or other number assigned by the City) • The Primary Contact Person on the Application • The legal name of the Applicant (natural person, LLC, LLP, C Corp, S Corp, etc.) • The property address for which the Applicant has applied to operate a dispensary. City will provide the Master Listing to Consultant by January 27, 2015. Consultant will perform a "random sort" using computer software on the Master Listing to assign, final identifying (lottery) numbers to each approved Applicant, and will then return the Master Listing to City by January 29, 2015. The Director or designee will confirm, receipt of the final Master Listing and advise Consultant. Consultant will print 750 copies of the Master Listing to be distributed to attendees at the random selection proem (Lottery) on February 5, 2015. D. Consultant agrees to prepare a PowerPoint presentation of the random selection process (Lottery) and forward to City by January 29, 2015. This presentation will ultimately be used on the day of the random selection process (Lottery) for explanatory purposes to the attendees. E. City agrees that on February 2, 2015 (as detailed below) and on February 5, 2015 (the day of the random selection process (Lottery)), the City will coordinate the Audio /Visual requirements in the City Council Chambers or alternate location as follows: • The City will make available to Consultant an AN system, a laptop computer, a pull-down screen, and a projector for use by the Consultant. • The random selection process (Lottery) will be conducted using a large, manually- operated raffle drum, filled with pre - numbered ping pong balls. As each ball is selected, the City should provide the necessary equipment to project the ball number on the screen so that all participants can clearly see the number selected. Any necessary projection equipment must be acquired, installed and tested by January 30, 2015. F. A practice session will be held at the City Council Chambers or alternate location for White Nelson Diehl Evans LLP and City designated staff on February 2, 2015. 2 25D -18 N -2015- 006.001 1. SCOPE OF SERVICES (CONTINUED): G. The following procedures will. be followed by Consultant in conducting the random selection process (Lottery) on February 5,2015: • The Council Chambers or alternate location, will be opened to Consultant at least two hours in advance of the random selection process (Lottery). The manually - operated drum will be installed upon entry. • The random selection process (Lottery) will be conducted under the supervision of Mr. William S. Morgan, CPA, ( "Morgan ") and other staff from White Nelson Diehl Evans LLP (°`WNDE "). Mr. Morgan and other WNDE staff will, load each pre - numbered balls into the manually operated drum. • Prior to the start of the random ball selection, Morgan will discuss the random selection process (Lottery) via a PowerPoint presentation to all attendees. • WNDE staff will monitor and operate the manually - operated drum at all times. • As each pre- numbered ball is selected, one City official and one WNDE staff will make a written record of the selection on the Master Listing. • Once Morgan or WNDE staff provides the Director or designee with the identifying (lottery) number associated with the selected ball, the Director or designee will be given time to assess the coordinates of the property and determine if the Applicant selected must be placed on a waiting list for the subject property. H. At the conclusion of the random selection process (Lottery) the WNDE start` and City Officials will compare the results. The results of the random selection process (Lottery) will be posted by no later than 12:00 PM on February 6, 2015 on the City's website. On or before February 12, 2015, Consultant will publish a report on the results of the random selection process (Lottery) which will include: • A description of the various procedures used both before and during the random selection process (Lottery) to assure a truly random selection of Applicants. • Conclusions that the random selection process (Lottery) was conducted in a fair, independent, and objective manner. Emphasis will be placed on the fact that no City of Santa Ana employee or elected official provided any guidance; or direction on how to conduct the random selection. process (Lottery), 7. INDEMNIFICATION: The existing Indemnification clause in the Consultant Agreement will remain unchanged. A new second paragraph will be added, pursuant to this amendment as follows: 25D -19 7. INDEMNIFICATION (CONTINUED): All parties understand that litigation could result in connection with the random selection process (Lottery). If any party files a legal action against the City in connection with the random selection process (Lottery) (including Applicants, federal or state regulatory agencies or other parties), and /or if Consultant is named as a Defendant or party to that action against the City, or any other separate legal action solely against Consultant, then City agrees to hold Consultant harmless with respect to such actions, All of Consultant's reasonable legal fees and costs associated with the litigation will be paid by the City, including but not limited to: Attorney's fees. Document production costs (salaries and out -of- pocket crusts) • Cost to prepare for and attend depositions Cost to prepare for and testify at trial Other costs associated with the litigation, such as meetings with attorneys, meeting with City officials, etc. Court costs « A settlement amount, judgment, and /or any imposed penalties. The City will be invoiced by the Consultant based on the hourly rates listed on Exhibit A of the Consultwt Agreement in relation to any resulting litigation following the random selection process (Lottery). ATTEST: IYIARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attor,y Sandra. City Attorney 25D -20 CONSULTANT: WILLIAM S. MORGAN tyj Principal Tax ID# 33- 0686301 White Nelson .Diehl Evans LLP Certified Public Accountants eta Consultants 4 SIGNATUREi S: ATTEST: MARIA D. HUIZAR. Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALIIO City Attorney Dy: Sandra Sciawarzmann Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: VINCENT FREGOSO Interim Executive Director Planning & Building Agency 25D -21 N- 2015- 006 -001 CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: CN 'g'l,�y +n WILLIAM S. MORGAN Principal Tax ID# 33- 0686301 White Nelson Dichl Evans LLP Certified Public Accountants & Consultants RECOMMENDED FOR APPROVAL: U l" �`,,.' VINCENT PRE SO, Bi Interim Executive r f ctor Planning & Building Agency 25D -22 N -2015- 006 -001 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: AMENDMENT TO AGREEMENT WITH SIGNATURE TECHNOLOGY GROUP, INC. FOR DATA CENTER MAINTENANCE & SUPPORT SERVICES (STRATEGIC PLAN NO. 6, 1) LCITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 9-•.0 -l. ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Signature Technology Group, Inc. (STG), subject to non - substantive changes approved by the City Manager and City Attorney, to exercise an option for the first one -year extension to the existing agreement dated April 16, 2012 for an amount not to exceed $75,000 per year to provide maintenance and support services and related equipment for the City and Police data centers. DISCUSSION System maintenance and support services for the City Data Center and the Police Data Center are necessary in order to provide repair maintenance and support on server class computers, tape libraries, storage devices and other related equipment. The server computer equipment in the Santa Ana Police Department Data Center runs all Police Department computerized systems including: computer aided dispatch, records management, jail management, crime scene investigation, special analysis, etc. The City Data Center hosts the City's financial management system, payroll system, utility billing system, business tax system, Santa Ana Property Information (SAPIN) system, the City web site, City electronic mail system, and many departmental systems for City Agencies. Over 80 physical computer devices operate in the two data centers. A Request for Proposal (RFP) for "Data Center Maintenance and Support Services" was issued in October 2011 and advertised on the City's web site. Ten firms were proactively sent the RFP, for which ten proposal responses were received and evaluated by a team of specialists from the Information Services Division. 25E -1 Amendment For Data Center Maintenance & Support Services April 14, 2015 Page 2 After extensive review and analysis, the evaluation team recommended Signature Technology Group (STG), Inc. be awarded the agreement to provide maintenance and support for the computer equipment in the City Data Center and the PD Data. The City Council approved the recommendation to select STG during the April 16, 2012 meeting and authorized the City Manager and Clerk of the Council to execute an agreement with an initial term of three years with the option for the City to continue the agreement for two one -year periods. During the initial three -year term, STG, Inc. has provided outstanding service to both the City and PD data center. STG has consistently met the demanding service levels set forth in the agreement which includes "full repair and return -to- service within six hours of notification" on selected vital equipment, one of the highest levels of service offered in the technology industry. Based on STG performance to date, staff recommends that the City exercise its option for a one - year renewal of the existing agreement — the first of two such optional renewals approved by City Council in April 2012. Under terms of the agreement the City may effectively end the agreement without penalty at any time with 30 -day written notice. STRATEGIC PLAN ALIGNMENT Approval of this item allow support the City's efforts to meet Goal # 6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). FISCAL IMPACT Funds are budgeted and are available in the contractual services account of the Technology Plan — Maintenance & Support Internal Service Fund (10910147- 62300). This includes $12,500 for FY 14 -15 and $62,500 for FY 15 -16. APPROVED S TO FUNDS AND ACCOUNTS: Francisco Gutierrez ✓ Executive Director Finance and Management Services Agency ice Exhibit: 1. Agreement 25E -2 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CTTY OF SANTA ANA AND SIGNATURE TECHNOLOGY GROUP, INC. THIS FIRST AMENDMENT to the above - referenced agreement is entered into on March 9, 2015 by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City") and Signature Technology Group, Inc. ( "STG "). RECITALS A. The parties entered into Agreement # A -2012 -080, dated April 16, 2012 ( "Agreement'), by which STG agreed to provide City with system maintenance and support services for the server class computers, tape libraries, storage devices, and related equipment in the City Data Center and Police Data Center. B. The tern of the Agreement was for a period of three years, commencing on May 1, 2012 and ending on April 30, 2015, with an option to extend the term for up to two additional one -year periods, exercisable by the City. C. The City now wishes to extend the term of the Agreement for a one -year period in accordance with the terms and conditions of the Agreement. WHEREFORE, in consideration of the covenants contained in the Agreement, and subject to all the terms and conditions of the Agreement, the parties agree as follows: 1. Section 3, Term, is amended to extend the term of the Agreement for the one year period beginning May 1, 2015 and ending on April 30, 2016. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. FYIII"I" CITY OF SANTA ANA MARIA D. FIUIZAR v DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO SIGNATURE TECHNOLOGY GROUP, INC. City Attorney To M. Funk A, sistant City Attorney Name: Title 25E -3 25E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: ARTS AND CULTURE ,ARTIST GRANT PROGRAM {STRATEGIC PLAN NO. 5, 55} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute grant agreements with the selected applicants, subject to non - substantive changes approved by the City Manager and the City Attorney. ARTS AND CULTURE COMMISSION RECOMMENDATION At the rescheduled Regular Meeting on February 26, 2015, by a vote of 7:0, the Arts and Culture Commission (ACC) recommended that City Council authorize the Community Development Agency to release the Investing in the Artist Grant Opportunity application, subject to non - substantive changes, DISCUSSION Staff is requesting authorization to release the Investing In the Artist Grant Opportunity application (Exhibit 1) to solicit project proposals to emerging and established artists and arts organizations. The Arts and Culture Commission will be evaluating and recommending the applications for awards In the amounts of $5,000 and $10,000, The recommendations will be presented to City Council for approval. Often times, artists are faced with financial barriers. The Investing In the Artist Grant Opportunity will distribute small, but impactful funds to emerging and established artists In Santa Ana serving to enrich and Invigorate the Santa Ana arts and culture landscape. The funds will aid artists to further their artistic creativity while residing, working or creating a specific project for the benefit of Santa Ana's arts and culture community. The artist grant funding may be applied towards artistio needs small and large, depending on the proposal. Grants for arts organizations would support special events, arts and cultural programming, and non - profit essentials such as, materials, supplies, special event production, and community engagements. 25F -1 ACC Artist Grant Program March 17, 2015 Page 2 Approximately $85,000 is anticipated to be distributed from the Strategic Plan resources dedicated to arts and culture. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy B (Generate public and private support and resources to strengthen, expand and stabilize finding for the arts). FISCAL IMPACT Funds are available in the Community Activities Non - Departmental Loans and Grants account (no. 01105810- 69152). AA Kelly Reend s Executive Director Community Development Agency KR /sb AS TO FUNDS AND ACCOUNTS: " Francis6d Gutierrez �<R Executive Director Finance and Management Services Agency Exhibit: 1. Artist Grant Opportunity Application 25F -2 INVESTING IN THE ARTIST GRANT OPPORTUNITY INDIVIDUAL APPLICATION Understanding that a financial barrier is often times all that stands in the way of an artists' next critical step in their career, Investing in the Artist grants distribute small, but impactful funds to emerging and established artists, serving as a catalyst to further their work while living and creating in Santa Ana, resulting in a more vibrant local art scene. Funding may be applied towards artistic needs small and large, depending on the proposal. The Santa Ana Arts and Culture Commission supports ambitious projects that embrace experimentation and focus on process, as well as emerging artist essentials, such as materials, supplies, professional development, or business and website fees. Grants will be awarded in the amount of $5,000 or $10,000 and will be distributed in two payments. The grant period will be for 12 months and will require an interim and a final report on outcomes achieved. The first payment will be disbursed at the commencement of the grant period, and the second payment will be disbursed after completion of an interim report. Interim and final reports will require documentation, such as receipts, to support grant expenditures. ELIGIBILITY CRITERIA Individual artists working in the following mediums are welcome to apply: Visual � Performing � Musical H Literary H Film — Textile Arts H Multimedia • Artists must be currently living and creating work in Santa Ana or create a work that is for the bene- fit of Santa Ana arts community. • Project must be completed in Santa Ana and /or directly serve the Santa Ana arts community • Applicants must be over the age of 18. • Grant funds may not be used for tuition or academic expenses. • City of Santa Ana employees, elected officials, and commission members are ineligible. • Artist Project (Santa Ana artist seeking funds for a specific project, including travel and research) • Equipment /Supplies (Santa Ana artist seeking funds for specific arts equipment or supplies, including funds for services such as websites and professional development) *Santa Ana artist is defined as an artist that primarily lives and works in Santa Ana or will complete a specific project for the benefit of Santa Ana arts and culture community. CONFLICT OF INTEREST The Arts and Culture Commission ( "Commission ") members are actively involved in the arts profes- sionally and /or personally. The Commission desires to avoid situations which may compromise, or ap- pear to compromise, members' objectivity while not preventing their continuing involvement in the arts, or in projects supported by the Commission and City. If the Commission member has a professional, fiduciary, or personal relationship with an applicant, the Commission member must notify the Commis- sion of the relationship before the panel meeting or review of the applicant. The Commission member must also excuse himself /herself from the room during the discussion of the applicant, and may not dis- cuss the application with any other member of the Commission prior to, during, or after discussion of the application. 1 EXHIBIT 1 25F -3 EVALUATION Artist applications will be evaluated on the following criteria: • Project Merit — 40% • Artist Portfolio — 30% • Potential Community Impact — 20% • Individual Need -10% PORTFOLIO REQUIREMENTS Online submissions, please upload work directly onto online application using formatting guidelines listed below, or include links to online portfolio. Hard copy submissions, please follow guidelines listed below. Please do not submit any original artwork. Work will not be returned. Visual Arts (including painting, sculpture, textile arts, all physical artwork): • Five (5) images maximum of demonstrating your best work • Images must be printed or in jpeg format on one CD or uploaded to online submission site. • Clearly label each image file with "title last name, first name" — Example "Art Brown, John" • You may choose to submit a single PowerPoint presentation of your work with your name, title, size, date, medium on each slide. PowerPoint presentation must be copied onto one disk. Musicians • You may submit up to five (5) songs or compositions of your best work. For online submissions, files maybe uploaded as mp3 files. Links to Soundcloud, YouTube, or other online music showcases are acceptable. • If submitting a hard copy, please submit music on a playable CD. • Please note: Individual songs exceeding three minutes may not be heard in their entirety. • Label each file with "title last name, first name" — Example "Music Brown, John" Film/Media/Performing Arts • You may submit up to five (5) short film/multimedia files. For online submissions, files may be uploaded as mp4 or .mov format. Links to online portfolio, YouTube, Vimeo or other video sharing sites are acceptable. • If submitting a hard copy, video files must be submitted on a playable CD. • Please note: Individual films exceeding ten minutes may not be viewed in their entirety. • Label each file with "title last name, first name" — Example "Video Brown, John" Writers • You may upload writing samples as Word or PDF files on the online submission site. Label each file "title last name, first name" - Example "Fiction_ Brown, John" • If submitting hard copy, please print the manuscript sample and include with application packet. • Please use the following format for manuscripts: Times New Roman or Courier, 12 point font, double - spaced. • Fiction: 10 pages max. • Non - Fiction: 10 pages max. • Poetry: 5 poems (10 pages max.) Poetry may be formatted as the poet determines best suits the poem, but the manuscript must be legible. • Screenplays: 5 pages of dialogue + 1 synopsis. 25F -4 Applications must contain the following documents to be considered for funding: 1. Application Cover Sheet (use attached) 2. Checklist (use attached) 3. Narrative for proposed use of funds and supplemental questions: • Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.). • Is this a new or existing program/project? • How will your project enrich the Santa Ana arts and culture community? • How will the proposed project be presented or shared with the public? Please do not exceed 2 pages for the narrative and supplemental questions. Please follow these formatting guidelines: Double spaced, 12 point Times New Roman, inch margins. 4. Portfolio (see guidelines) 5. Project Timeline (sample attached) 6. Line Item Budget (use attached) 7. One signed Letter of Support from an academic reference or reference from within the creative arts. If letter is in language other than English, please provide English translation. Applications must be submitted by 2 P.M., May, 26, 2015 via one of the following methods: Mail /Hand Delivery: City of Santa Ana Investing hi the Artist Grant Administration Community Development Agency M -25 20 Civic Center Plaza, 6th floor Santa Ana, CA 92701 CONTACT Website: www.submittable.com For questions regarding the application contact Kelly Reenders at (714) 647 -5360 or kreendersgsanta- ana.orQ. ANTICIPATED TIMELINE 04/23/15 Applications available 04/30/15 Information Session 05/26/15 Applications due by 2 p.m. 06/18/15 Funding recommendations from Commission 07/07/15 City Council Approval of Grant Awards 07/16/15 Grant Recipient Reception 25F -5 INVESTING IN THE ARTIST APPLICATION COVERSHEET APPLICATION DUE DATE: Tuesday, May 26 (n, 2:00 P.M. City Ward of Residence: Date Submitted: City Ward of Project: Name of Applicant: Address: Phone Number: Email: Website: Letter of Support- Name & Affiliation: Brief Description of Project: Type of Application: ❑ Artist is based in Santa Ana ❑ Artist is not based in Santa Ana and proposes to use 100% of grant funds for a project based in Santa Ana Need: ❑ $5,000 ❑ $10,000 I am applying for: ❑ Equipment ❑ Materials & Supplies ❑Other City of Santa Ana, Community Development Agency 20 Civic Center Plaza, M -25, Santa Ana, CA 92701 (714) 647 -5360 M 25F -6 INVESTING IN THE ARTIST CHECKLIST ❑ Application Cover Sheet ❑ Cheeldist ❑ Artist Statement (1 page limit, Times New Roman 12 -point font, double - spaced, 1 inch margins) ❑ Artist Resume /CV (2 page limit, Times New Roman 12 -point font, double- spaced, 1 inch margins) ❑ Brief narrative for proposed use of funds and supplemental questions (2 page limit, Times New Roman 12 -point font, double- spaced, 1 inch margins) Supplemental Questions: • Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.)? • Is this a new or existing program/project? • How will this project enrich the Santa Ana arts and culture community? • How will the proposed project be presented or shared with the public? ❑ Portfolio (see Portfolio Requirements) ❑ One signed Letter of Support on professional letterhead. If letter is in language other than English, please provide English translation. ❑ Project Timeline (sample attached) ❑ Line Item Budget — include equipment, supplies, material, and studio and /or space rental 25F -7 INVESTING IN THE ARTIST SAMPLE PROJECT TIMELINE DATE ACTION OUTCOME 25F -8 INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED GRANT FUNDED PROGRAMMING SERVICES EQUIPMENT, MATERIALS AND SUPPLIES (equipment, material, supplies for project) Quan- tity Unit Cost Total Cost Funds Requested ADDITIONAL EXPENSES Description Total Cost Grant Funds (permits, fees, facility rental for project) Requested Artist is responsible for maintaining documentation of expenses paid for with grant funds. Doc- umentation, such as receipts for expenses, will be required for submittal on the interim and fi- nal reports. If receipts are not available for certain expenses, a certification from the artist certi- fying the expense may be accepted on a case by case basis. 25F -9 INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED PROGRAM BUDGET PROPOSAL Enter budaet categories and proiected expenditures for the proposed program: Category Expenditures Funded By Santa Ana Grant Expenditures Funded By Other Sources (Including in- kind) Total Project Budget Equipment Total Supplies Total Materials Total TOTAL PROJECT REVENUE LIST ALL OTHER PROJECT RESOURCES "Funding Source" total must equal 'Total Project Budget" listed above. FUNDING SOURCE AMOUNT Santa Ana Artist Grant TOTAL PROGRAM BUDGET City of Santa Ana, Community Development Agency 20 Civic Center Plaza, M -25, Santa Ana, CA 92701 (714) 647 -5360 25F -10 INVESTING IN THE ARTIST 9'Y GRANT OPPORTUNITY ORGANIZATION APPLICATION Investing in the Artist grants distribute small, but impactful funds to emerging and established arts organizations, serving as a catalyst to further their work while living and creating in Santa Ana, resulting in a more vibrant local art scene. FUNDING The Santa Ana Arts and Culture Commission is seeking to fund grants in the amount of $5,000 and $10,000 to organizations that will enrich and invigorate the Santa Ana arts and culture landscape. Grants will be awarded for arts and culture nonprofit organizations to support programming costs, equipment, and special events. Funding will be provided through reimbursements for eligible Investing in the Artist expenses. Organizations must be financially viable in order to make the expenditures, submit receipts and documentation for reimbursement by the City. Funding may be applied towards artistic needs small and large, depending on the proposal. The Santa Ana Arts and Culture Commission supports special events, arts and cultural programming, and nonprofit essentials such as materials, supplies, special event production, and community engagement. Administrative and operational expenses are not eligible for funding. Grants will require a final report of outcomes achieved. ELIGIBILITY CRITERIA Nonprofit arts and culture organizations that meet the following criteria are welcome to apply: • Organizations with arts and culture focus Organization must be based in Santa Ana and /or serve Santa Ana communities City of Santa Ana employees, elected officials, and commission members are ineligible FUNDING REQUIREMENTS Organizations will be required to obtain/demonstrate the following prior to an award: • Current City of Santa Ana business license • Current General Liability insurance in the amount of $1,000,000 naming the City of Santa Ana as Additional Insured on a primary and non contributory basis • Active nonprofit status and good standing with IRS FUNDING PRIORITIES • Equipment /Supplies - Organization seeking funds for specific arts equipment or supplies • Special Event - Organization seeking funds to support a special event that will enrich the Santa Ana arts and culture community • Special Projects CONFLICT OF INTEREST • The Arts and Culture Commission ( "Commission ") members are actively involved in the arts profes- sionally and /or personally. The Commission desires to avoid situations which may compromise, or appear to compromise, members' objectivity while not preventing their continuing involvement in the arts, or in projects supported by the Commission and City. If the Commission member has a pro- fessional, fiduciary, or personal relationship with an applicant, the Commission member must notify the Commission of the relationship before the panel meeting or review of the applicant. The Com- mission member must also excuse himself/herself from the room during the discussion of the appli- cant, and may not discuss the application with any other member of the Commission prior to, during, or after discussion of the application. 25F -11 EVALUATION CRITERIA Organization applications will evaluated on the following criteria: Project Merit - 50% Organization Need - 25% • Potential Community Impact- 25% SUBMISSION REQUIREMENTS Applications must contain the following documents to be considered for funding: 1. Application Cover Sheet (use attached) 2. Checklist (use attached) 3. Organization Mission and History 4. List of Key Staff/Board of Directors (Resume /CV if applicable) Limit 2 pages. 5. Narrative for proposed use of funds and supplemental questions: • Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.). • Is this a new or existing program/project? • How will this project enrich the Santa Ana arts and culture community? • How will the proposed project be presented or shared with the public? Please do not exceed 2 pages for the narrative and supplemental questions. Please follow these formatting guidelines: Double spaced, 12 point Times New Roman. 6. Project Timeline (sample attached) 7. Line Item Budget (use attached) 8. One signed Letter of Community Support (preferably from within the community organization/professional seeks to impact). If letter is in language other than English, please provide English translation. Applications must be submitted by 2 P.M., May, 26, 2015 via one of the following methods: Mail /Hand Delivery: Website: City of Santa Ana www.submittable.com Investing In the Artist Grant Administration Community Development Agency M -25 20 Civic Center Plaza, 6th floor Santa Ana, CA 92701 CONTACT For questions regarding the application contact Kelly Reenders at (714) 647 -5360 or kreendersgsama- ana.ore. ANTICIPATED TIMELINE 04/23/15 Applications available 04/30/15 Information Session 05/26/15 Applications due by 2 p.m. 06/18/15 Funding recommendations from Commission 07/07/15 City Council Approval of Grant Awards 07/16/15 Grant Recipient Reception 25F -12 INVESTING IN THE ARTIST APPLICATION COVERSHEET APPLICATION DUE DATE: Tuesday, May 26 (i� 2:00 P.M. Date Submitted: Organization Name: Organization Address: Contact Person/Title: Phone Number: Website: Brief Description of Project: Email: City Ward of Project: "UN".1 Type of Application: ❑ Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Santa Ana ❑ Organization is not based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Santa Ana Need: ❑ $5,000 ❑ $10,000 We are applying for: ❑ Programming Costs ❑ Equipment ❑ Special Events ❑Other City of Santa Ana, Community Development Agency 20 Civic Center Plaza, M -25, Santa Ana, CA 92701 (714) 647 -5360 3 25F -13 INVESTING IN THE ARTIST CHECKLIST ❑ Application Cover Sheet ❑ Checklist ❑ Organization Mission and History (1 page limit, Times New Roman 12 -point font, double- spaced, 1 inch margins) ❑ List of Key Staff /Board of Directors (1 Page) ❑ Narrative for proposed use of funds and supplemental questions (1 page limit, Times New Roman 12 -point font, double- spaced, 1 inch margins) Supplemental Questions: • Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.)? • Is this a new or existing program/project? • How will this project enrich the Santa Ana arts and culture community? • Will the art display, event, or performance be free and accessible to the public? • How will the proposed project be presented or shared with the public? ❑ Project Timeline ❑ Line Item Budget ❑ One signed Letter of Community Support - preferably from within the community organization/professional seeks to impact (if letter is in language other than English, please provide English translation) 25F -14 INVESTING IN THE ARTIST SAMPLE PROJECT TIMELINE DATE ACTION OUTCOME 25F -15 INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED GRANT FUNDED PROGRAMMING SERVICES PERSONNEL Description of Personnel (contracted instructors, lecturer honorarium, artist stipend etc.) Total Compensation Grant Funds Requested Total Cost Grant Funds Requested EQUIPMENT. MATERIALS AND SUPPLIES ITEM (equipment, material and supplies) Quantity Unit Cost Total Cost Grant Funds Requested SPECIAL EVENTS Description (permits, fees, facility rental) Total Cost Grant Funds Requested 25F -16 INVESTING IN THE ARTIST LINE ITEM BLIDGET PROPOSED PROGRAM BUDGET PROPOSAL Enter budget categories and projected expenditures for the proposed program: Category Expenditures Funded By Santa Ana Grant Expenditures Funded By Other Sources (Including in- kind) Total Program Budget Total Organization Budget Administrative Staff Salaries and Benefits Contractual /Professional Services /Stipends Equipment, Material, & Supplies Special Events Production TOTAL PROGRAM REVENUE LIST ALL OTHER PROGRAM RESOURCES Funding Source" total must equal "Total Program Budget" listed above FUNDING SOURCE AMOUNT Santa Ana Artist Grant TOTAL PROGRAM BUDGET 25F -17 25F -18 REQUEST FOR COUNCIL- ,ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: EMERGENCY SOLUTIONS GRANT FUNDING FOR FY 2015-201£ (STRATEGIC PLAN NO. 5, 6) CLERK OF COUNCIL USE ONLY: ._._._ ® As Recommended 0 As Amended © Ordinance on 131 Reading 0 Ordinance on 2ntl Reading El Implementing Resolution 0 Set Public Hearing For CONTINUED TO i Tkt T�;1 1, Approve the FY 2015 -2016 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. COMMUNITY REDEVELOPMENT AND (HOUSING COMMISSION ACTION At its regular meeting on March 25, 2015, by a vote of 4:0 (Sandoval absent), the Community Redevelopment and Housing Commission approved the recommended actions. DISCUSSION The McKinney -Vento Homeless Assistance Act, formally known as the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), consolidates three of the separate homeless assistance programs administered by the United States Department of Housing and Urban Development (HUD) Into a single grant program, and amends the Emergency Shelter Grants program and renames It the Emergency Solutions Barents (ESG) program, In December 2014, a Notice of Funding Availability was mailed to non-profit homeless providers who had expressed Interest in receiving an application for FY 20162016 grant funding, In addition, the application was placed on the City of Santa Ana's ("City„) webaite and announced in the Orange County Register. The City has been allocated $405,617 of which $07,171 will be used for program administration, Twenty proposals were submitted from 16 organizations with funding requests totaling over $700,000, 25G -1 Emergency Solutions Grant Funding for FY 15/16 April 21, 2015 Page 2 On February 12, 2015, an ad hoc committee comprised of two Community Redevelopment and Housing Commissioners, one representative from Orange County's Community Resources, and one Parks and Recreation staff conducted applicant interviews to rate and rank the proposals using the following criteria: 1) community need 2) capacity to provide service and 3) effective and efficient use of funds. A list of all agencies submitting proposals, type of program, grant request and the recommended funding for FY 2015 -2016 is provided as Exhibit 1. All 20 proposals received are being recommended for funding for FY 2015 -2016. Included in this number is 2 -1 -1 Orange County, who facilitates the HUD mandated HMIS data collection for sub - recipients. Any unspent FY 2014 -2015 funds shall be redistributed for homeless program services. STRATEGIC PLAN ALIGNMENT Approval of this item supports the Cit y Engagement & Sustainability, Objective #6 and wellness of all residents). FISCAL IMPACT to meet Goal #5 Community Health, Livability, (focus projects and programs on improving the health ESG funds will be available in the Emergency Solutions Grant account (no. 13518785- various) �J�,fiy KeIIV Ree er Executive irector Community Development Agency 1NKTA-i o APPROVW AS TO FUNDS AND ACCOUNTS jovFrancisidGutierrez Old, Executive Director Finance and Management Services Agency Exhibit: 1. ESG Allocation Recommendations 2. ESG Agreement Template 25G -2 a na R C � N C � O y E c o >x�+ x a K x s C N S u r 10 z � N Q' R � U N O y Qi D d y U O 0 k E Y R C « � N `tt 7 N W d T f .Y' V Q i� N O v E Z c 0 c d v a` N N N E O v d N 25G -3 O V n w n o ri n o r ui � a C O a c « d m E E c o d C c o (7 a v a s A Q 0 N m y °m K m a N J Q w z 1- LL 6 0 2 m 2 Q O L9 X W 25G -4 NOTE; Same agreementwill be used for non - profit EMERGENCY SOLUTIONS GRANT organizations and /or sub, SUBRECIPIENT AGREEMENT BETWEEN recipients approved for ESG THE CITY OF SANTA ANA AND NAME OF SUBRECIPIENT (24 CFR Parts 91 and 576) THIS AGREEMENT, is hereby made and entered into this 00" day of MONTH YEAR, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, herein called the "CITY" and NAME OF SUBRECIPIENT, a California nonprofit organization, herein called the "SUBRECIPIENT ". RECITALS: L The CITY is the recipient of Emergency Solutions Grant ( "ESG ") funds from the United States Department of Housing and Urban Development ( "HUD "), pursuant to subtitle B of title IV of the McKinney -Vento Homeless Assistance Act [42 U.S.C. 11371-11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re- housing assistance. 2. The CITY has approved the provision of federal funds under the ESG to be used in the operation of an emergency solutions program ("program") for the homeless or at -risk of homelessness of the City of Santa Ana as further described by Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein. 3. The SUBRECIPIENT represents that it has the requisite qualifications, expertise, and experience in the provision of emergency solutions programs for the homeless or at -risk of homelessness and is willing to use said federal funds to operate said program. 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, relocation and stabilization services, rapid re- housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living, as well as other federal, state, local and private assistance available for such individuals. 5. The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed $ in grant funding. 6. This AGREEMENT is contingent upon the award of Emergency Solutions Grant finds from the United States Department of Housing and Urban Development. 7. The CITY and the SUBRECIPIENT have duty executed this AGREEMENT for the expenditure and utilization of said funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT: 00210M 25G -5 I. SCOPE OF PROGRAIM A. General Administration The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Scope of Work, which shall provide a description of each activity, including the services to be performed, the person or entity providing the service, the estimated number of recipients of the service, and the manner and means of the services. B. Levels of Accomplishment — Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. C. Staffine The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of etmployer /employee between the parties. II. TERM OF AGREEMENT This AGREEMENT shall take effect on July 1, 2015, and shall terminate on June 30, 2016, unless otherwise cancelled or modified according to the ternls of this AGREEMENT. III. DISBURSEMENT AND FUNDS A. Amount and Expenditure End Date The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed $00,000,00 from Emergency Solutions Grant (ESG) funds, as outlined in Exhibit B, Final Budget, and such funds shalt be expended by the SUBRECIPIENT on or before June 30, 2016. B. Invoicing Procedures The SUBRECIPIENT shall submit quarterly invoices (on or before the 15 °i day of October, January, April, and July) in a form prescribed by the CITY, detailing such expenses. Such schedule may be modified with the approval of the CITY. C. Payment Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment subject to the satisfaction of the condition precedent of submittal of complete invoicing and reporting information due on or before July 15 of the applicable funding year. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terns and conditions of this AGREEMENT. The thirty (30) day 25G -6 period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. D. Use of Funds The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said program only. Said amounts shall include and will be limited to, street outreach, emergency shelter, homelessness prevention, rapid re- housing assistance, housing relocation and stabilization services, short -term and medium -term rental assistance, and Homeless Management Information Systems ( "HMIS ") data contribution as set forth in 24 CFR § 576.101 — § 576.107. Allowable program costs are detailed in the Budget, as set forth in Exhibit B, attached hereto and by this reference incorporated herein. The SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. The SUBRECIPIENT agrees that the homeless shelter /services under said program shall be available for the entire period during which said funds are provided. E. Condition of Funding (1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of Federal, State or Local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any service which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend ftmds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. F. Matching The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and amount of all matching ftmds contributed by the SUBRECIPIENT will be enumerated in Exhibit B, Final Budget. G. Pro am Income (1) Definition. Program income means, as provided by 24 CFR 84.24 or 24 CFR $525, gross income received by the SUBRECIPIENTr directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. 25G -7 (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said fiords may be expended pursuant to the terms and conditions of this AGREEMENT. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program. H. Separation of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other f nds of the SUBRECIPIFNT, or of any principal or member of the SUBRECIPIENT, in an account (the "Account ") at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated. Expenditure of Funds Much like how HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the aforementioned period. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for a good/service or an indirect cost, or the accrual of a direct charge for a good /service or an indirect cost. Failure to expend said funds within said thrteframe can result in a reallocation of funds. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct, rather, fiord use will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with 'federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terns and conditions of this AGREEMENT. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, 25G -8 IV, V. or cooperative agreement, the undersigned shall complete and submit a 'Disclosure Form to Report Lobbying," in accordance with its instructions (see Exhibit C -1). NOTICES The SUBRECIPIENT and the CITY agree that all notices required by this AGREEMENT shall be made in writing and delivered via mail (postage prepaid); commercial courier; personal delivery; or sent by facsimile or other electronic means (provided that receipt is confirmed). Any notice delivered or sent as aforesaid shall be effective on the date or delivery or sending. All notices and other written communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice. Communication and details concerning the AGREEMENT shall be delivered to the office of, and directed to, the following representatives: CITY: Terri Eggers Sr. Comm'y Development Analyst City of Santa Ana Community Development Agency (M -25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 -1988 (714) 647 -5378 (714) 647 -6549 GENERAL CONDITIONS A. Coordination with Continuum of Care SUBRECIPIENT: [Name] [Title] [SUBRECIPIENT Name] [SUBRECIPIENT Name] [Address] [Address] [City, State, ZIP] [Telephone #] [Pax #] The SUBRECIPIENT must work with the Continuum of Care ( "CoC ") to ensure the screening, assessment, and referral of program participants are consistent with the CITY's written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR 576.400. B. Evaluation of Program Participants Eli ig bility and Needs The SUBRECIPIENT must conduct evaluations and re- evaluations to determine the eligibility of each individual or family's eligibility for ESG assistance in accordance with 24 CFR 576.401, C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may tenninate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR 576.402 25G -9 D, Shelter and Housiine Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR 576.403. E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximmn extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR 576.405(c) and 42 USC 11375(d). F. hnde endent Contractor. Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with respect to the services to be performed under this AGREEMENT. The CITY shall be exempt from payment of any Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance as the SUBRECIPIENT is an independent contractor. G. Subcontracts. (1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a Ending that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very Low - Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. H. Licensing. The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation, and inspections from all agencies governing its operations. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing the SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. I. Responsibilities Toward Employees The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings, 25G -10 and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT . The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. J. Insurance and Bondine (1)Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of Grantee) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 24 CPR 84.31, 84.48, and 85.36. The SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self - insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to the CITY prompt and timely notice of claim made or suit instituted arising out of the SUBRECIPIENT's operations hereunder. (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below: a. Workers' Compensation. Amount must comply with State and Federal Laws b. Comprehensive General Liability. $1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence, including the following coverages: Premises and Operations; and ii. Broad Form Commercial General Liability Endorsement to include blanket contractual liability (specifically covering, but not limited to, the contactual obligations assumed by the SUBRECIPIENT); Personal Injury (with employment and contractual exclusions deleted); and Broad Form Property Damage coverage. o. The SUBRECIPIENT's self - insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Proof of Insurance. The SUBRECIPIENT shall furnish the CITY's Clerk of the Council with an insurance certificate from insurance carrier certifying that it carries such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to the CITY. The SUBRECIPIENT shall, prior to exercising any right under this AGREEMENT: 25G -11 a. furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverage required above; b. provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to the CITY; a maintain such insurance for the period covered by this AGREEMENT; and d. replace such certificates for policies expiring prior to the expiration of this AGREEMENT. (4) Company Rating. All insurance coverage shall be written with a company having an A.M. Best Rating of "A" or better and financial size of VIII or larger. (5) Failure to Comply, In the event of any failure by the SUBRECIPIENT to comply with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause Lentil there is full compliance. K Zoning. The SUBRECIPIENT agrees that any facility /property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L. Disnlacement and Relocation. The SUBRCCIPIENT must assure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408. M. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. Vl. ASSURANCES AND CERTIFICATIONS A. Non - Profit Status The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a drily organized and existing non - profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non - profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full 25G -12 right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the SUBRECIPIENT. (2) If the SUBRECIPIENT's non - profit status changes at anytime during this AGREEMENT, it will advise the CITY within 15 days, (3) If the SUBRECIPIENT is a private non - profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non - profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 24 CFR Part 84. B. Adherence to Federal, State. and Local Laws and Regulations (t) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross - cutting Federal, State, and Local requirements. (2) Economic Opportunities for Low- and Very Low - income Persons, The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly those who are recipients of government assistance Tor housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part l35 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c). (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. (4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law, The SUBRECIPIENT shall take affirtnative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 1 1375 and 12086. (5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirtnative outreach, make known that 25G -13 use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub - recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds. D. Drug Free Workplace The SUBRECIPIENT represents and warrants that it has established the following drug -free workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. (2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to: a. Abide by the terms above in statement (t), and b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace. Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within ten clays after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or Local health, law enforcement, or other appropriate agency. E. Religious Organization The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be IN 25G -14 voluntary for the program participants The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State, and Local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406. F. Additional Terms between the CITY and HUD The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the parties hereto. G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants' health or safety. H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 or seq. I. Davis -Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5. Any such construction contact shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance ") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor /subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews /investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3). 11 25G -15 VII. ADMINISTRATIVE REQUIREMENTS A. Generally The requirements of 24 CFR part 84 apply to the SUBRECIPIENT, except that 24 CFR 84.23 and 84.53 do not apply, and program income is to be used as the non - federal share under 24 CFR 84.24(b). These regulations include allowable costs and non- federal audit requirements. The following additional requirements and standards must be complied with: OMB Circular A -122 "Cost Principles for Non - Profit Organizations" or OMB Circular A -21 "Cost Principles for Educational Institutions ", as applicable; and, OMB Circular A -133, "Audits of States, Local Governments and Non - Profit Organizations ". B. Procurement (1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non- expendable personal property as defined by such policy as may be procured with funds provided herein. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) OMB Standards. Unless specified otherwise within this AGREEMENT, the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40 -48 or 24 CFR 85.36. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 24 CFR Part 84 or 85. C. Re op rting Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15 " day of October, January, April, and July, as part of the Quarterly Report: (1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year -to -date) reports of activities, program accomplishments, new program information, and up -to -date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. 12 25G -16 D. Record IZeenine Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post - completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead -based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR 576.500(y). All records relating to, or created or maintained in compliance with, the Lead -Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY and HUD shall have the right to access all the SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above - referenced documents available within the City of Santa Ana, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500. E. Homeless Management Information Systems (HMIS) (1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. (2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally HMIS system. A copy of the SUBRECIPIENTS agreement with the HMIS lead agency shall be attached to this agreement as Exhibit D. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit D. (3) HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall be attached as Exhibit E. F. Audit Renort Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget in 13 25G -17 the Single Audit Act Amendments of 1996, OMB Circular A -133, and the OMB Circular Compliance Supplement and Government Auditing Standards. The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint Regulations as further detailed below. VIII. EVALUATION AND MONITORING A. Generally The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. B. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, entails, and documents, both physical and electronic, relating to the program. C. Audit The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. IX. LIABILITY A. Generally Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each party further agrees to defend itself and themselves, and to pay any _judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. B. CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass - through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. 14 25G -18 C. Hold Harmless The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY, and shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and attorney fees /expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's performance of this AGREEMENT. X. ENVIRONMENTAL CONDITIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligibte activities tinder this part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966. B. Lead -based paint remediation and disclosure The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing occupied by program participants that were built before 1978. C. Assianment of Responsibilities By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35, D. Compliance with Subpart K The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based paint ( "LBP ") hazards in a residential property that receives Federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K ( "LBP Regs "). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: 15 25G -19 (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of Federal assistance; and (3) Ongoing lead -based paint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part. (4) And, notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination. E. Notification of LBP hazard The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The pamphlet shall be the EPAlFIUD /Consumer Product Safety Commission lead hazard information pamphlet or an EPA - approved equivalent. The current form and version of the pamphlet can be found at: http: / /www.santa- ana.org /cda /documents /ESGattachmentl -5.pdf (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and /or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. F. LBP Information Sumtnary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and /or finding from the SUBRECIPIENT under this AGREEMENT. CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Rags as to residential dwelling units to be assisted by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations. G L_XC_M bons Section 35,M (a) provides exemptions from Subparts B through R. For example, lead -based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. 16 25G -20 XI. CONFLICTS OF INTEREST The SUBRECIPIENT shall comply with 24 CFR § 84.42 with respect to the use of program funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of program funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. The SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. XII. ASSIGNABILITY None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. XIII. EXCLUSIVITY OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such ESG Funds in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and the SUBRECIPIENT, XIV. AiVIENDVIENTSORMODIFICATIONS The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty -five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either party unless in writing and signed by both parties. 17 25G -21 In the event Chat the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT, XV. VIOLATION OF TERMS AND CONDITIONS A. Termination If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, n State plan or application, a notice of award, or elsewhere, the CITY may terminate or suspend this AGREEMENT in accordance with 24 CPR 85.43 and in accordance with 24 CFR 85.44 by giving written notice, and the CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT has expended the funds. If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and /or justify expenditure of the ESG funds granted hereunder, the SUBRECINENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to take other remedies that may legally available. The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty (30) days of receipt of the written request. Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and mailed to the CITY pursuant to the above NOTICES section. XVI. CLOSE -OUT The SUBRECIPIENT's obligation to the CITY shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments; submitting final invoice(s), report(s), in accordance with this AGREEMENT, and documentation; disposing of program assets (including the return to the CITY of all unused materials and equipment); remitting any receivable accounts to the CITY and determining the custodianship of records. The SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the tens, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. XVII. VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective 11M 25G -22 only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XIX. NVAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. W AGREEMENT DOCUMENT EXHIBITS AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 19 25G -23 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 CARVALHO City Attorney By: LISA E, STORCK Assistant City Attorney CITY OF SANTA ANA a municipal corporation DAVID CAVAZOS City Manager SUBRECIPIENT: Name: Title: Tax ID: DUNS a 25G -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: AGREEMENT WITH CHRISTIANSEN AMUSEMENT, INC. FOR CARNIVAL SERVICES AND STRAUB DISTRIBUTING COMPANY FOR BEER GARDEN SUPPLY DURING CINCO DE MAYO EVENT (STRATEGIC PLAN NO. 5, 5C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1@t Reading ❑ Ordinance on 2n4 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 Christiansen Amusement, Inc. for carnival service rights for a term to end on May 31, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Revenues in the amount of $42,000 will be deposited into the Parks, Recreation and Community Services Agency revenue account (no. 01113002 53331) for the 2015 Cinco de Mayo event, 3. Authorize the City Manager and Clerk of the Council to execute an agreement with Anheuser Busch /Straub Distributing for sponsorship of a beer garden for a term to continue through the last day of the event, subject to non - substantive changes approved by the City Manager and City Attorney. 4, Revenues in the amount of $20,000 will be deposited into the Parks, Recreation and Community Services Agency revenue account (no. 01113002 53331) for the 2015 Cinco de Mayo event. DISCUSSION The Cinco de Mayo event has been positive event for the downtown businesses and surrounding neighborhoods. This event not only attracts thousands of Santa Ana residents but also visitors from all over Orange County. The purpose of the event is to celebrate Cinco de Mayo through a safe family friendly event to include: live entertainment, food booths, info rmational/resouroe booths, merchandise /service booths, cultural exhibits and carnival rides /games over the three -day weekend. The 1 ooh Annual Cinco De Mayo Festival will take place on May 1 — May 3, 2015. 25H -1 Agreements with Christiansen Amusement, Inc. and Anheuser Busch /Straub Distributing April 21, 2015 Page 2 The City of Santa Ana Is contracting with Christiansen Amusement to provide a three -day carnival at the Cinco de Mayo event. This is a continuation of a long history of this event that provides great family entertainment in the downtown area. Christiansen Amusement will be responsible for providing all the equipment, cleanup, notification, security, electricity, carnival rides and games, vendor booths, and insurance for the event. Christiansen Amusement has provided these services for the City in the past to the satisfaction of PRCSA and Police Department staff and has therefore been selected to continue. In consideration for providing these exclusive rights to Christiansen Amusement, Inc., the City will receive $42,000 for the event. Christiansen Amusement, Inc. will be obligated to obtain all necessary licenses, permits, approvals, and waivers. The City of Santa Ana will enter into a sponsorship agreement with Anheuser Busch /Straub Distributing, where for its participation as the sponsor for the beer garden, the sponsor shall pay to the city a sponsorship fee of $20,000. The agreement will obligate the sponsor to provide for a beer garden, allow the sponsor the right to use trademark(s), trade name(s), logo designs and company descriptions in accordance with the Sponsor's usage guidelines. §JR61191g PLAN ALIgNMEN T Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5, Promote a strong arts and culture Infrastructure, Strategy C, Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space FISCAL IMPACT Revenues in the amount of $62,000 will be deposited into the Parks, Recreation and Community Services Agency revenue account (no. 01113002 53331) for the 2015 Cinco de Mayo event. APPROVEWAS TO FUNDS AND ACCOUNT: Gerardo Mouet, Francisco Gutierrez, Executive Directory Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency 25H -2 AGREEMENT WITH CHRISTIANSEN AMUSEMENT'S, INC. FOR EVENT PRODUCTION THIS AGREEMENT, made and entered into this 21" day of April, 2015 by and between Christiansen Amusements, Inc., a California corporation (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. The City will be hosting the annual Cinco de Mayo event May 1 -3, 2015 ( "Event ") for the enjoyment of its community and residents. B. Promoter represents that Promoter is able and willing to provide event production services to the City for these two events, C. In undertaldng the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. 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. SCOPE OF SERVICES Promoter shall provide event production for the Cinco de Mayo festival on May 1- May 3, 2015, ( "Event ") complete with the rides, games, ticket booths and sellers, food concessions, equipment and services as set forth in detail in Exhibit A, attached hereto and incorporated herein. The Event may include set -up the day prior, and clean -up the day following, Hours for the Event shall be: Friday 5 PM -11PM, Saturday 12 PM - 12 AM, and Sunday 12 PM -10 PM. Promoter is responsible for all equipment, clean -up services, security, electricity, carnival rides and games, vendor booths and insurance for the Event. All mechanical carnival rides must be State Division of Occupational Safety and Health (DOSPi) Certified. 2. FEESIDEPOSITSIPERMITS/LICENSES Promoter agrees to pay the City and City agrees to accept from Promoter a guaranteed fee of Forty Two Thousand Dollars ($42,000.00) for providing Promoter with the right to produce the Event as set forth in Exhibit A. Said payment to the City shall occur within tlurty (30) days of execution of this Agreement. 3. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of this Agrecment to be kept and performed by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within Exhibit A, the security deposit, or any remaining portion thereof, shall be returned within 60 days of the Event. 25H -3 4. 'PERM This Agreement shall commence on the date first written above and terminate on December 31, 2015, unless terminated earlier in accordance with this Agreement. 5. NON - POSSESSORY INTEREST City retains full possession of the its property and Promoter will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Promoter will make no claim to any such interest, Any violation of this provision will immediately void and terminate this Agreement. b. NON- RECORDING Neither party shall record this Agreement 7. RECORD KEEPING AND AUDIT A. Promoter shall establish and maintain separate accounting records for the Event. Promoter's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Event. B. All Promoter's records of revenues and repairs pertaining to the Event referenced hercin shall be kept for the duration of this Agreement and made available at all times for audit by City upon request S. INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter 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 withAiolding taxes. 9. INSURANCE Prior to undertaking performance of any work relative to the Events under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Promoter and each of its operators and subcontractors 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 the operations or performance of this Agreement by Promoter, its operators or subcontractors, 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 $5,000,000 per occurrence. Such insurance shall (a) name the City, its 25H -4 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. Promoter shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit f3, upon execution of this Agreement and shall be approved in fonn by the City Attorney. B. Business automobile liability insurance, or equivalent: form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Promoter, if Promoter 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, Promoter 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 Promoter pursuant to this section: i. Promoter 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; and shall state as follows: "The above detalled coverage is not subject to any deductible or self - insured retention, or any other form of simllar type lintitation." iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be fled with the City. V. If the certificate of insurance is in the name of the carnival Promoter it shall . include the name of the City as additionally insured. E. If Promoter 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. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 10. INDEMNIFICATION Promoter agrees to and shall protect, defend, indennfy and save and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of'claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the set-vices described in Section l and 25H -5 Exhibit A of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terns of, or effects, arising from this Agreement. The Promoter further agrees to defend, indemnify, hold harmless, and pay all costs for the defense of the City, including tees 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 terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents, employees or contractors. 11. HAZARDOUS MATERIALS Promoter represents and warrants that its Event production will not generate any hazardous substance, and Promoter will not store or dispose, nor transport any hazardous substance. Promoter further agrees to clean -up and rernediate any hazardous substance from the Event production, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be Ihn ted to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 12. NUISANCE Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the Callibmia Civil Code on the park or carnival areas; and Promoter shall not use or permit any unlawful purpose in the Event production. 13. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Event production in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists, 14. LIENS Promoter will not permit any mechanics' or nurterialmens' or other liens to stand against the City by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 25H -6 15. TERMINATION This Agreement may be terminated by the City without cause upon fourteen (14) days written notice of termination. City may termmate this Agreement for cause upon three (3) days written notice for any violation of the teens contained herein. 16. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement, terminate this Agreement and contract with another entity for production of any remaining Event(s). 17, INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the making of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement. 18. CUMULATIVE REMEDIES The remedies given to City in this Agreement shrill not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 19. WAIVER OF 13REACII The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 20. CONFLICT OF INTEREST CLAUSE Promoter 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. 21. 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 detivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: 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 Fax 714 - 647 -6956 25H -7 Courtesy copies to: Executive Director of Parks, Recreation and Connnunity Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Promoter: Christiansen Amusements 1725 S. Escondido Blvd., Ste, E Escondido, CA 92025 Phone (760) 735 -8542 Fax (760)735 -8543 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) clays after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 22. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his /her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 23. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the Department of Industrial Relations of the State of California. In addition, Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's use and occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competentjurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits /approvals as necessary. 24. EXCLUSIVITY AND AMENDMENT 'Phis Agreement represents the complete and exclusive statement between the City and Promoter, 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, including Exhibit A, the terns 25H -8 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 Promoter. 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 parties, which are not embodied herein. 25. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter 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 mrll 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 operators retained by City. 26. NON - DISCRIMINATION Promoter 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. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 27. 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 taws 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. 28. A'TTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, the prevailing party shall be entitled to award of attorney's fees, 29. PROFESSIONAL LICENSES Promoter 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. Promoter 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 immediate termination of this Agreement. 30. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 25H -9 31. SURVIVAL 'Perms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive. 32. 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. (Signatures on.iollowingpage) 25H -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. I4UIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:�= Lisa Storck Assistant City Attorney RECOMMEND APPROVAL: Gerardo Monet, Executive Director Parks, Recreation & Community Services Agency 9 CITY OF SANTA ANA DAVID CAVAZOS City Manager CHRISTIANSEN AMUSEMENTS By: Title: Tax ID # 25H -11 EXHIBIT A SCOPE OF WORK Christiansen Amusements PROMOTER shall be responsible for the following for the Cinco de Mayo event ( "Event ") in the carnival area as depicted in Exhibit A -1 attached hereto ( "Carnival Area "): I. PERMITS - PROMOTER shall secure all required permits for the Carnival Area no later than 2 weeks prior to the Event unless otherwise indicated, including but not limited to: a. Electrical permits for booths and rides. b. Tents and canopies larger than 10 feet by 10 feet as required by the City's Planning and Building Department. a Health Department permits. d. Orange County Fire Authority Permits including Fire Department approval for booths and rides that may block an entire street thereby eliminating the 20 foot clearance requirement shall be secured two weeks prior to the Event. II. CLEAN UP - PROMOTER will maintain continuous litter control during the entirety of the Event: a. Provide a professional cleaning crew to ensure that trash does not accumulate on streets and sidewalks at any time during the Event. b. Impose adequate mitigation measures to ensure removal and disposal of grease from food and/or cooking booths if utilized, including but not limited to the use of grease barrels. c. Provide and pay for contractor approved by City to steam clean sidewalks in front of Lofts on Third Street and provide Loft owners 24 hour notice prior to such sidewalk steam cleaning. d. Empty and place a clean liner in all City sidewalk trash cans located in Carnival Area including 3rd and Bush parking lot, 3rd, Main, Bush and Spurgeon Streets. This shall be clone throughout the duration of the 3 -day festival and the Monday following the Event before vacating Carnival Area, III. EQUIPMENT - PROMOTER shall provide all necessary equipment, resources and manpower to develop and produce the carnival Event. a. Equipment shall include lighting for all vendor booths which is to be maintained and frilly illuminated until all attendees have vacated the festival and Carnival Area each clay. b. All equipment, including Porta Potties shall be positioned and serviced so as to prevent noise and odor disturbances to Loft residents and downtown merchants. c. PROMOTER shall inspect all equipment prior to its use to ensure safety and repair on site as needed. IV. LOFTS - PROMOTER shall exercise caution and special measures to ensure minimal disruption to owners and tenants of the live -work lofts located on blocks bounded by Main Street, 3 " Street, Spurgeon Street and 1 " Street (the "Lofts "), including: a. Blocking off the sidewalks on 3a Street in front of Lofts with chain link fencing with screening to create a private walkway for loft residents. b. Assume responsibility for any damage done to the Lofts during the course of the Event, including assembly and disassembly. PROMOTER shall photograph the Lofts prior to the Event in order to document their condition prior to the Event and to identify whether or not damage occurred during the Event. 25H -12 c. Compensate Loft owners with pets who choose to board their pets from Thursday through Monday. d. Compensate those Loft owners who choose to stay at a hotel on Saturday and Sunday, during the Event, at a maximum of $100/per day. e. PROMOTER shall schedule equipment set up and tear down, trash removal, and carry out other logistical activities in such a manner that will minimize late night noise and other disturbances and disruption to Lott residents. V. QUIET HOURS. Specific to 3rd Street: There shall be designated quiet times with no construction set up or tear down as follows: Thursday and Friday from 10:00 p.m. through 7:00 a.m., Saturday from 12:00 a.m. through 7:00 a.m., and Sunday from 11:00 p.m. through 7:00 a.m. PROMOTER shall ensure that quiet hours are strictly adhered to by all carnival employees and sub - contractors. Vl. EVENT SET UP. Each Event shall include a carnival as follows: a. PROMOTER must secure land use permit for carnival no later than two weeks prior to the Event if the carnival will utilize private property for any reason. b. Carnival rides and booths may be set up on Third Street from Sycamore to French, on Bush from Fourth to Third, on the Third and Bush surface parking lot, and on Main Street from Fourth tojust north of Second Street or an alternate location approved by the Santa Ana Police Department (SAPD). Clear access must be maintained on Main Street between the properties located at 308 and 309 S. Main Street to ensure safe and clear street crossing between those properties. Final location for carnival rides and booths to be mutually agreed between City and PROMOTER. c. PROMOTER shall be responsible for securing temporary storage locations for all carnival equipment needs and must secure approval from City of any outdoor off -site accommodations within City limits no later than two weeks prior to the Event. d. PROMOTER may not store equipment on City owned property or City right of way prior to the set up time, without prior city approval. Such approval must be requested no later than two weeks prior to the Event if needed. e. PROMOTER's staff will not be allowed to sleep inside the Carnival Area boundaries. f. PROMOTER must supply restroom facilities for its staff daring setup. g. Tall rides, exceeding 20 feet, may not be placed adjacent to residential units. h, PROMOTER may begin set -up of rides at 9:00 a.m. Thursday prior to the Event on all streets, except Main Street. VU. SECURITY. a. In order to operate the carnival on Friday, the PROMOTER shall provide chain link fencing to secure the entrance to the Carnival Area at Bush and Fourth (curb to curb) and at the entrance to the East End Promenade at Spurgeon. The fencing is to be in place by 7 p.m. Friday evening and may be removed when the carnival closes that night. b, PROMOTER shalt provide one (1) State licensed uniformed security officer at each of the following locations commencing at 6 p.m. and continuing at least until 12:30 a.m. on Friday night: Bush and Fourth; Fourth and the north entrance to the East End Promenade, French and Third; Third and Bush; and Main and Third. The security officers will follow the direction of the Santa Ana Police Officers assigned to the Event. 25H -13 c. PROMOTER shall provide two (2) State licensed uniformed security guards in the carnival area overnight each day of the festival. Additional provisions for State licensed uniformed security guards hired by PROMOTER: i. A minimum of 50% of the Security staff must be bilingual, English/Spanish speaking. ii. Security staff must wear uniforms distinct from the local law enforcement agency. iii, PROMOTER/Security Company shall ensure that all security guards are equipped with radios for internal communications and that the Security Supervisors are equipped with one radio each for communications with Santa Ana Police Department (SAPD) and City staff. iv. PROMOTER/Security Company shall ensure that there is one Security Supervisor on site at all times daring the Event. v. The Security staff shall take final direction and instruction from the City Police Department supervisor in charge of the Event and will meet with the SAPD supervisor in charge and other staff as needed at the beginning of the Event. vi. Security guards shall not carrywcapons, batons, or tear gas. vii. Security guards shall report only to the Santa Ana Police Department supervisor in charge of the Event or the Recreation and Parks Department Supervisor. viii. Security staff shall contact SAPD for any criminal activity, but may intervene for non - criminal activity such as illegal vendors, rule violations, crowd control, etc. ix. Security staff shall assist with the following: 1. Ensuring that no vehicles park on streets within the Carnival Area each day. 2. Preventing vehicles from stopping to drop off equipment. 3. Monitoring specific problem areas identified by Santa Ana Police Department. 4. Monitoring Lofts to ensure that no illegal activity is taking place. S. Watching for gang members and other criminal activity. 6. Assisting the Santa Ana Police Department with closing down the carnival Event nightly. 25H -14 FA � R w tn 0 y Cin V7 Uu c Y, r � N U M � C .ti rn^ : °v i C~ 0 FRENCH ST. Fire Lane PASEO �oN Nd ° M &AD Center Games BUSH ST. Y Fire Lune W o m a N � d /r a �� \.J w O Z d � d R b u O d PASEO �oN Nd ° M &AD Center Games BUSH ST. Y Fire Lune o m N � d /r a �� \.J w O W a m a cU¢ rn � d R 0 >u Ln 0 ri H ii L �r Fire Lane 4 a d ro � S A ~ W r+ a a�r��wauwwia" rl M rV N re r1 rl N N N e� a.. i u H.0 wa,cc,:rdr.a °? uuvFVC�c���v, 4 ri ni e4 vi �d V4 ea ofd M SPURGEON Fire Lune w Q a > d BUSH ST. MAIN ST. Fire Lane M. xx kn M r� N 0 4 e eo a u we d� A c a o v, z 9 x x LIMA Sl rA a m b u O ¢ 6 d d MAIN ST. Fire Lane M. xx kn M r� N 0 4 e eo a u we d� A c a o v, z 9 x x LIMA Sl rA a m rA a m EXHIBIT B ADDITIONAL INSURED ENDORSEMENT 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 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 name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective _, the endorsement form as part of Policy # Issued to Name Insured Countersigned by 25H -16 SPONSORSHIP AGREEMENT WITH ANHEUSER BUSCH / STRAUB DISTRIBUTING T1711S SPONSORSHIP AGREEMENT made and entered into this _ day of April, 2015 by and between Anheuser Busch /Straub Distributing (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 "). IR01011I/;I11.". A. The City is directly producing many events throughout 2015, and desires to retain a sponsor for one of such events, Cinco de Mayo (the "Event"), B. Sponsor represents that it is able and willing to provide sponsorship for the Event from May I - May 3, 2015. 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 sponsorship for the Cinco de Mayo Event providing the Beer Garden Sponsor Package which will include one (1) beer trailer, three (3) 20' x 20' tents for the Beer Garden, three (3) tables for serving area, one (1) table for ID checking area, one (1) portable bar, a Beer Garden Entrance Banner, and ten (10) tear drop banter flags, to be set up with approval of the Executive Director, Sponsor grants to City the right to use Sponsor's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by Sponsor in any medium of advertising, marketing materials, and /or promotional goods distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines. 2. SPONSORSHIP FEE For its participation as a Sponsor for the Event, Sponsor shall pay to the City a sponsorship fee of Twenty Thousand Dollars ($20,000.00). 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 Event, 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. 25H -17 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 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 $2,000,000 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: 25H -18 (i) Sponsor shall maintain all insurance required above in fell force and effect for the entire period covered by this Agreement. ('ti) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in forth 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. 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 tennination. 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. 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 perfonning 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. 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 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 25H -19 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. 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: Anheuser Buscl-dStraub Distributing 4633 La Palma Avenue Anaheim, CA 92807 Phone: (714) 743 -5274/ FAX: (714) 779 -4712 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 25H -20 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set f.'orth 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 Sponsor, 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 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 Sponsor. The parties agree that any terns 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 mill 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. CANCELLLATION OR TERMINATION If, because of war, fire, strike, civil strife, goverment regulation, natural catastrophe, an act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of City, the Event or any part thereof is prevented from being held or is canceled by City, City, in its sole discretion, shall determine and refund to the Sponsor its proportionate share of the balance of the aggregate sponsor fees received that remain after deducting expenses incurred by City and reasonable compensation to City. In no case shall the amount of the refund to the Sponsor exceed the amount of the fee paid. City reserves the right to cancel any portion of the Event as it deems necessary and appropriate. Cancellation by the Sponsor will be accepted only in writing. In the event of Cancellation by Sponsor, Sponsor will remain obligated for 100% of the sponsorship fees and the City may 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. 25H -21 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 immediately and in writing of its inability to obtain or maintain such pen-nits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any igjuries or damages to City in the event that such authority or power is not, in fact, hold 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 Following Page} 25H -22 IN WPT'NESS 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: SON.IA R. CARVALHO City Attorney By: &, �e k Lisa Storck Assistant City Attorney RECOMMEND APPROVAL: CITY OF SANTA ANA DAVID CAVAZOS City Manager SPONSOR: Anheuser Busch/Straub Distributing Lara Sestito Director of Marketing Gerardo Mouet, Executive Director Parks, Recreation & Community Services Agency 7 25H -23 25H -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: AGREEMENTS WITH Al PARTY, BOBBY NAVA ENTERTAINMENT, STAGEPLUS, JOSE ROMO, INSURE PROTECTIVE SECURITY FOR SERVICES FOR THE CINCO DE MAYO EVENT {STRATEGIC PLAN NO. 5, 5C} vi CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't 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 Al Party Rental for rental of event equipment for the Cinco de Mayo event in the amount of $52,057.98, which includes a 10% contingency, for a term to end on May 31, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. This agreement will increase the amount authorized to this vendor to $104,901 for the 2014- 2015 fiscal year. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Bobby Nava Advertising and Entertainment Agency for advertising and entertainment services for the Cinco de Mayo event in the amount of $15,000, for a term to end on May 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. This agreement will increase the amount authorized to this vendor to $35,000 for the 2014- 2015 fiscal year. 3. Authorize the City Manager and Clerk of the Council to execute an agreement with Stage Plus Event Staging Services for rental of a stage, stage equipment and stage manager services for the Cinco de Mayo event in the amount of $23,100, which includes a 10% contingency, for a term to end on May 31, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. This agreement will increase the amount authorized to this vendor to $50,950 for the 2014 -2015 fiscal year. 4. Authorize the City Manager and Clerk of the Council to execute an agreement with Jose L. Romo for event production services and cleaning services for the Cinco de Mayo event in the amount of $11,132, which includes a 10% contingency, for a term to end on May 31, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. 251 -1 Agreements for Cinco de Mayo April 21, 2015 Page 2 This agreement will increase the amount authorized to this vendor to $26,572 for the 2014 -2015 fiscal year. 5. Authorize the City Manager and Clerk of the Council to execute an agreement with Insure Protective Security for security services for the Cinco de Mayo event in the amount of $17,385.22, which includes a 10% contingency, for a term to end on May 31, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. This agreement will increase the amount authorized to this vendor to $35,379 for the 2014- 2015 fiscal year. DISCUSSION The Cinco de Mayo event has been a positive attraction for the downtown businesses and surrounding neighborhoods. This event attracts thousands of Santa Ana residents and visitors from all over Orange County. The purpose of the event is to celebrate Cinco de Mayo through a safe, family - friendly event that includes: live entertainment, food booths, informational /resource booths, merchandise /service booths; cultural exhibits and carnival rides /games over three days. The 16th Annual Cinco de Mayo Festival will take place on May 1 — May 3, 2015. In 2014, recognizing the great value of the event, the City of Santa Ana, Parks, Recreation, and Community Services Agency ( PRCSA) recommended that the City host the Cinco de Mayo event and act as Event Manager. The PRCSA will continue the responsibilities of the Event Manager for 2015 and be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, and insurance for the event. City staff has been working to bring together all the elements necessary to operate a successful event. As part of managing the event, city staff is requesting to enter into agreements with the various vendors listed below for the following services: Al PARTY — To provide rental and installation of equipment for the event. The equipment to be rented will include items such as: canopies for vendor booths, food booths, sinks, fences, restrooms, tables, generators, and a backstage area. The equipment will be delivered Friday evening and set up by Saturday Morning. Cleanup of the equipment will occur Sunday evening and completely cleared by Monday morning. Staff had the opportunity to compare services provided by three vendors and is recommending Al Party because of their price and their capacity to handle the diverse booths and various types of equipment the street fair component of this event needs. BOBBY NAVA ENTERTAINMENT — To provide advertising and entertainment services for the Cinco do Mayo event to be held in downtown Santa Ana with a performer on Saturday, May 2, 2015. Staff reached out to various talent agents and Bobby Nava Entertainment was able to secure Graciela Beltran to perform at the 2015 Cinco de Mayo event. STAGE PLUS — To provide, install, maintain and remove rented stage, ground support systems, audio, lighting, scaffolding, barricades and ramps at 4th Street and 5th Street and Broadway 251 -2 Agreements for Cinco de Mayo April 21, 2015 Page 3 Avenue for the Cinco de Mayo event, The contractor shall deliver the equipment on Friday, May 1, 2015, and start set-up immediately after the closure of the streets. The Contractor will cleanup and remove the equipment Sunday evening and have It completely removed and cleaned up by Monday morning, May 4, 2015. Contractor will also provide stage manager services for Friday and Saturday. JOSE L. ROMO — To Provide event production services and cleaning services for the Cinco de Mayo event to be held in downtown Santa Ana from Friday, May 1 through Sunday, May 3, 2015. Due to the recent vacancy of the Community Events Supervisor position, PRCSA staff determined that in order to properly deliver the Cinco de Mayo event the City should contract with Jose L. Roma. Mr. Romo has provided similar services for the prior Cinco de Mayo and Fiestas Santa Ana events, INSURE PROTECTIVE SECURITY — To provide security guard services for the Cinco de Mayo event to be held In downtown Santa Ana from Friday, May 1 through Sunday, May 3, 2015 with the number of security guards and timeframes for service as set forth by the City. After an evaluation of the services provided by prior security companies for previous Cinco de Mayo and Fiesta Santa Ana events, Insure Protective Security was selected to provide services for Cinco de Mayo 2015, STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5, Promote a strong arts and culture infrastructure, Strategy 0, Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space FISCAL IMPACT Funds are available in the Recreation Community Services Contract Services- Professional account (no. 01113230 62300), Gerardo Mouet, Executive Director y Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT; Francisco G ierrez, Executive Director Finance and Management Services Agency 251 -3 251 -4 AGREEMENT WITH Al PARTY RENTALS FOR PROVISION, INSTALLATION AND REMOVAL OF RENTAL EQUIPMENT FOR THE CINCO DE MAYO FESTIVAL THIS AGREEMENT is made and entered into this 21sT day of April, 2015 by and between Al Party Rentals (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation (hereinafter "City").. RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing rental equipment for special events such as the Cinco De Mayo Festival that the City is hosting from May 1 -3, 2015. ( "Event ") B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is Imowledgeable in this 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 Contractor shall provide, install, set -up, maintain and remove rental equipment at 4t" Street and 50' Street and Broadway Avenue for the Event, Equipment to be provided by Contractor includes, but is not limited to: vendor booths, food booths, canopies, draperies, lights, walls, sand bags, trash cans, fans, coolers, sinks, fences, restrooms, tables, chairs, generators, stages and a backstage area with furniture, as set forth in Exhibit A to this Agreement (the "Equipment"). City may request additional equipment or services during the term of this Agreement. Said request shall be made in writing, executed by the Executive Director to the Contractor, detailing the additional equipment /services to be provided and requiring an estimate from Contractor as to the cost of such additional equipment/service$. Contractor shall deliver the Equipment on Friday, May 1, 2015 and set up by 7 :00 a.m. Saturday, May 2, 2015. Contractor will clean up and remove the Equipment on Sunday, May 3, 2015 beginning at 9:30 p.m. and have it completely removed and cleaned up by 6:00 a.m. Monday, May 4, 2015. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, The contract award for such services pursuant to the Contractor's Proposal shall not exceed Fifty Two Thousand and Fifty Seven Dollars and 251 -5 Ninety -Eight Cents ($52, 057.98). This includes a ten percent (10 %) contingency for additional equipment/services as estimated by Contractor and approved by the Executive Director in writing as set forth in Section 1, above. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May 1, 2015 and terminate on May 31, 2015, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor 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 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 mariner 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 widertaking 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, agents, volunteers, and employees 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 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 mid $2,000,000 in the aggregate. Contractor shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City of Santa Ana. 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 251 -6 respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation ofinsured's 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 accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in fom-i by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. £ 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 terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall defend, 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 death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. 251 -7 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. 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 raider 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 cerfified mail, postage prepaid, or sent by fax or other telegraphic commurdeation in the manner provided in this Section, to the following persons: To City: Clerk of the Cormcil City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: (714) 647 -6956 With copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 571-4221 and 251 -8 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647 -6515 To Contractor: Al Party Rental 251 E. Front Street Covina, California 91723 Phone; (866) 217 -2789/ FAX: (626) 967 -7572 A party may change its address by giving notice in writing to the other party. 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 fax, 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 regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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 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. 251 -9 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 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 he 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 Contractor shalt, 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 govermnental 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 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. 251 -10 IN WITNESS WHEREOF, the patties 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 ]3y: J Funk ssistant City Attorney CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Al Party Rentals Name: Title: Tax ID4 251 -11 EXHIBIT L6A" } "F F T Y 251 E FRONT STREET COVINA, CA 91728 A'1 PARTYR ENTAL, OOM W1 T l� ',! Yt Pl P 1666.217.2789 F 626.967.7572_ CITY OF SANTA ANA PARKS & REC 714471 -4268 Phone Job Descr. SANTA ANA 2015 (MAY) Ordered By: JOSE ROMO Salesman: RENE MARTINEZ Delivery and Pickup Status: Quote Quote #: 86676 Event Beg: Fri 6/ 1/2015 7:00PM Event End: Sun 6/ 3/2016 9:30PM Operator: Herrera, Valerie Delivery : Fri 5/ 1/2015 T.00PM Contact: JOSE ROMO Pickup Date: Sun 5/ 3/2015 9:30PM Phone: 714- 612 -9227 Location: SANTA ANA Used at Address: 4TH & 5TH ON BRAODWAY: SANTA ANA, CA 92707 Delivery Notes: DELIVERY: FRIDAY 5/1 7PM MUST BE READY BY 7AM PICKUP: SUN 514 BE THERE AT 9:30PM NOTE: NEED TO TAKE THE MULE - CUSTOMER IS RESPONSIBLE FOR ALL NECESSARY PERMITS REQUIRED FOR CANOPIES AND ELECTRICAL, CUSTOMER IS RESPONSIBLE FOR ALL SAFETY PACKAGES, INSTALLATIONS NOTES: VENDOR BOOTHS 63•BOOTHS 17 CANOPY, 10'X10'PAGODAGREI MT »> 17 -10'X 10'X 8' GREEN & WHITE PAGODAS «< 21 CANOPY, 10'X10PAGODA REDWHT »> 21.10'X 10' X 8' RED & WHITE PAGODAS« 22 CANOPY, iVX10'PAGODA WiT »> 22. 10' X10' WHITE PAGODAS «< MUST BE INSTALLED ON LEVEL GROUND. 160 CANOPY, BASE STEEL 35 SIDEWALL, 8'X10' MITE 3 SIDEWALL, 8'X10' MESH WINDOW WHITE #8 BOOTH 1 SIDEWALL, 8'X10' MESH WINDOW WHITE #7 BOOTH 1 SIDEWALL, 8'X10' MESH WINDOW WHITE #40 BOOTH 60 TABLE, 8'X 30" 1 PER BOOTH MUST BE INSTALLED ON LEVEL GROUND, 120 CHAIR, SAM$ IVORY 2 PER BOOTH MUST BE INSTALLED ON LEVEL GROUND. 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS 3D LIGHT, 200W ORTS 30 ELEC CORD 25' 76 LIGHT, STRING FESTIVAL YELLOW 15 -- STRINGS 10 ELEC CORD 50' 15 ELEC CORD 25' GREEN CORDS FOOD BOOTHS 16 CANOPY, 100Xi0'PAGODA WHT »> 8 -- 10'% 20'X 8'«1 MUST BE INSTALLED ON LEVEL GROUND. 64 CANOPY, BASE STEEL Store Hours Mon Fri 9.00a -590p Sat 10:00a -2:OOP Pooled OU Mon V W20153:39:29PM SONwereby P0Fnt-oLRoflN0Sysloma ww.v.poinbobmnlatcam 251 -12 $1,360.00 $1,680.00 $1,760.00 $320.00 $975,00 $82.50 $27.50 $27.50 $522.00 $120.00 $9.501 $285.00 $5.501 $165,00 $7501 $56 SO $0.00 $0.00 $1,280.00 _ $200 $128.00 Modification # 5 comma- Psreme.ml 041 quota #: g6676 CITY OF SANTA ANA PARKS & RED Paao 2 of 6 21 Items Rented Oleo Amt l Dlso% Disc% Eech 80 FENCE, PICKET 32eXS'WHITE PVC $16.00 Prise $1,20040 - 24 LIGHT, 200W ORTS $9.50 $228.00 17 ELEC 30AMP CUTLET $35.00 $685.00 12- FOOD $, 6- US ARMY 8 SIDEWALL, 3'X20'WHITE PTM TARP $0.00 $0.00 FOR FOOD BOOTHS 8 TABLE, B' X 30" $8.70 $52.20 F1 BOOTH MUST BE INSTALLED ON LEVEL GROUND. $6 CHAIR, SAMS IVORY $1.0 $36.00 F1 BOOTH MUST BE INSTALLED ON LEVEL GROUND. 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 28OLUS HOT & COLD SINKS 500 SPECIALTY PARTY EQUIP $1.76 $875.00 »> 500'FENCE FOR MAIN STAGE. FREE STANDING PENCE «< INSTALL FENCE AT 4A M 85 SANDBAGS $3,00 $255,00 25 SIDEWALL, 6'X20' WHITE PTM TARP $20.00 $500,00 »> SCREENING FOR FENCE « a» 600' OF e' HIGH PTM TARPS «< 1 LABOR $1,000.00 $1,000.00 RESTROOM SERVICE SATURDAY INCLUDES SAT AM ( CARNIVAL AREA) AND WASTE TANKS 3 SPECIALTY SINK HOT &COLD $800.00 $1,800,09 »> 3 -3 COMPARTMENT HOT /COLD SINKS SELF CONTAINED «< 12 SPECIALTY PARTY EQUIP $100,00 $1,200.00 12 -EXTRA WATER TANKS - -4 PER SINK 27 SPECIALTY TOILET $80.00 $2,160.00 S SPECIALTY TOILET ADA $125.00 $376,00 7 SPECIALTY SINK COLD $80,00 $420.00 »> 7 - TWO STATION COLD SINK «< (1 -@ 4TH & SPURGEN FOR SIERRA MIST) 3 SPECIALTY SINK HOT &COLD $255.00 $705.00 » >4- HOT &COLD SINKS «< 6 CANOPY, 10'X10'PAGODA WHT $80.00 $480.00 »> 4 -10'% 20 %8' PAGODAS --- OVER HOT /COLD SINKS «< MUST BE INSTALLED ON LEVEL GROUND. 24 CANOPY, BASE STEEL $2.00 $48.00 8 SIDEWALL, e'X20'WHITE $30.00 $240.00 8- 30' SECTIONS a SIDEWALL, e'X70'WHITE $10.00 $80.00 8 LIGHT, 20OW QRTS $11.00 $68.00 6 ELEC CORD 25' - $0.00 $0.00 6 CANS, TRASH WTH LINER 32 GALLON $10.65 $65.10 SUPPORT 3 SPECIALTY PARTY EQUIP $20,00 $60.00 GREASE BARRELS - - -1 AT EACH 3 COMPARTMENT SINK--1 AT EACH I OX20 CANOPY 4 SIDEWALL, 8'X10' WHITE PTM TARP $20,90 $60.00 »> FOR UNDER GREASE BARRELS «< 1 SPECIALTY FORKLIFT $0.00 $0.00 _ NO CHARGE MAIN STAGE 7 TABLE, ROUND 30° $8.50 $69.60 MUST BE INSTALLED ON LEVEL GROUND. 7 TABLE, CKTL,42 "LEG $2.50 $17.50 3 RED, 120" GARDEN $14.50 $48.50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN, 3 KELLY, 120" GARDEN $14.50 $43,50 1 WHITE, 120" GARDEN $14.60 $14.50 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN, 21 CHAIR, BARSTOOL,BLACK SWIVAL $940 $189.00 2 COOLERS, IGLOO 130 QT. $15.00 $30.00 2 FAN, 30" PEDESTAL $30,00 $60.00 atore Hours Mon - Fri 9:00a -5:00p But 10:00a -2:00p Printed On Mon 416M153;3829PM 8o6w4re In Point w- Ronlel syolnme www.prl"4nf -,l l'com 251 -13 Modlficatlon# 5 Caniml-pruen,. t(14) Quote df: g6675 CITY OF SANTA ANA PARKS & REC Pape 3 of 6 qty Items Rented _ Blue Amt Disc -A Diec% Each Price 6 _..... TABLE, VX 30" $8.70 $02,20 - MUST BE INSTALLED ON LEVEL GROUND. 2 RED, 0' TABLEDRAPE $19.00 $38.00 2 KELLY, B' TABLEDRAPE $19.00 $38,00 2 WHITE, 6' TABLEDRAPE $19.00 $38.00 800 ASTRO TURF, BLACK SQ. FT. $0.48 $384,00 » 20'X40' <a< 1 CANOPY, 20!X20' WHITE EXPANDABLE $500.00 $500,00 20' M0 X 6 WHITE CANOPY 1 MIDDLE, 20'X20'WHITE $0.00 $0.00 6 CANOPY, WATER BARREL 05GAL $15.00 $90.00 0 CANOPY, WATER BARREL COVER 55GAL $5.00 $30.00 66 CHAIR, SAMS IVORY $1.60 $105.60 SET UP IN FRONT OF STAGE -- 3 ROWS OF 22 -- MUST BE SET UP &ZIPTIED MUST BE INSTALLED ON LEVEL GROUND, 9000 ALL CHAIRS &TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS DRESSING ROOMS 3 CANOPY, 10'X10'PAGODA WHT $60.00 $246.00 »> 1- I UX 30'X $' W/4 WALLS «< MUST BE INSTALLEO ON LEVEL GROUND, 12 CANOPY, BASE STEEL $0.00 $0.00 8 CANOPY, BASE STEEL $2.00 $12.00 80 $IDEWALL, 8' WHITE $0.60 $40.00 »> 4 - 20' SECTIONS «< S LIGHT, PAR -CAN 46 BLACK 200W $15.00 $90,00 6 PAR -CAN COLOR JELL $0,00 $0.00 PBACH JELLS 20 TABLE, 6'X 30' $7.00 $140.00 4 SPECIALTY TOILET $80.D0 $320.00 2 SPECIALTY PARTY EQUIP $60.00 $120.00 2- TWO STATION HAND WASHING SINK 60 CHAIR, SAMS WHITE $1.00 $60.00 >>> STAGE AREA «« MUST BE INSTALLED ON LEVEL GROUND ALI. CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 260LBS 3 MIRROR, WARDROBE NATURAL WOOD - $5.00 $15.00 1 CLOTHES RACK $16,85 $18.65 30 SPECIALTY PARTY EQUIP $0.00 $0100 30-HANGERS ELECTRICAL / POWER 1 GENERATOR, 125KVA SILENT $600,00 $600.00 1 GENERATOR, 70KVA3PHSILENT $60000 $600.00 1 SPECIALTY PARTY EQUIP $600.00 $600.00 »> 1 - 70KVA GENIIS «< e ELEC 20AMP OUTLET $35.00 $260.00 8- 20 AMP OUTLETS ( DISNEY) 1 ELECTRICAL DISTRIBUTION SYSTEM $3,600.00 $3,600.00 »> 136.20 AMP OUTLETS «< »> STAGE POWER HOOKUPS ea >>> 40 AMPS PER FOOD BOOTH «< 100 CABLE RAMP 6CHANNEL $12.00 $1,200.00 30 SPECIALTY PARTY EQUIP $33.00 $990.00 r 30 - WALKIE TALKIES W/ HEADSETS & BATTERIES & CHARGER-,, 4 LABOR $700.00 $2,800.00 »> (2) Al MEIN SAT SAM - GPM NEED MULE «< »> (2) Al MEN SUN BAM - 8PM NEED MULE «< 2 ELEC 50AMPTWSTLOCK W /50AMP OUTLET 2' $80,00 $160.00 -- FOR MANNY Al USE 80 PENCE, CHAIN LINK 6'H X 10'W $1.00 $80,00 >» 80' OF 6'111011 FENCE «< Store Hou re Mon Fd 9: 00a-5:000 Sat 10:00a -2:00p Prin* en Mon 416120161:a0:20PM ea(Iwnre by Pold- 0- Rental 8yeleme www.polnMOLrenl =rn 251 -14 Modlfcatlon$ 5 Conhad -Pmrnm It (14) Quota 8: 86678 CITY OF SANTA ANA PARKS & REC Page 4 of 6 Qty .Items Rented � - Dlso Arm /Disc% Disc% M mm Each Price CHECK IN 4th & BROADWAY 1 CANOPY, 1U'X10'PAGODA WHT $80.00 $80,00 >s> 101x10'X8' <4< MUST BE INSTALLED ON LEVEL GROUND. 4 CANOPY, BASE STEEL $2.00 $8,00 1 TABLE, 8'X $0" $8,70 $8.70 MUST BE INSTALLED ON LEVEL GROUND, 4 CHAIR, SAMS IVORY $100 $400 MUST BE INSTALLED ON LEVEL GROUND, 8000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAMEAREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS 1 LABOR $1,200,00 $1;ao9.00 FRIDAY NIGHT INSTALLATION &SUNDAY PICKUP _ STAGE- CITY COUNCIL 40 CHAIR, SAMS WHITE $1.0 $40.00 IN FRONT OF STAGE DROP OFF ONLY MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS &TABLES MUST BE STACKED IN THE SAME AREA A& DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 260LBS BEER GARDEN 1 CANOPY, 40'X40' REDiWHITE KWIK BXP, $880,00 $880.00 40'X 40'X WIRED & WHITE CANOPY 4 LIGHT, HI BAYS 400WATT $50,00 $200.00 8 CANOPY, WATER BARREL 550AL $16.00 $120.x0 8 CANOPY, WATER BARREL COVER 55GAL $5.00 $40.00 MAIN STREET - - NORTH OF 4TH -- WEST SIDE OF STREET -- NEXT TO WELLS FARGO 4 CANOPY, IUXIOPAGODAWHT $80.00 $320.00 1= 10'X 40'X 8' WHITE PAGODA MUST BE INSTALLED ON LEVEL GROUND, 16 CANOPY, BASE STEEL $2,00 $32.00 6 TABLE, O'X SO" $8,70 $69.60 MUST BE INSTALLED ON LEVEL GROUND, 32 CHAIR, SAMS WHITE $1.00 $32.00 MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS &TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR W'EIGHTLIMIT IS 250LBS 2 CANOPY, 10'X10'PAGODA WHT $80.00 $160.00 1. 10' X 20' X e' WHITE PAGODA ---EAST SIDE OF STREET MUST BE INSTALLED ON LEVEL GROUND, 8 CANOPY, BASE STEEL $16.00 COMMAND POST 3 TABLE, V 30" $8,70 $26.10 MUST U5 INSTALLED ON LEVEL GROUND. -- OFFICE -- 1 CANOPY, 15'X15' WHITE KWIK $17000 $170.00 1- 15'X 16'X & WHITE CANOPY 4 CANOPY, BASE STEEL $2.00 $800 - 3 SIDEWALL, 8'X20' WHITE $20.00 $60.00 4 LIGHT, LED PAR -CAN "$.00 $140.00 2 ELEC CORD 50'MULTI BLACK $0.00 $0.00 2 CHAIR, POLIWOOD WHITE $Z60 $5,20 225 ASTRO TURF, BLACK SO. FT, $0,48 $108.00 1- 15' X 15' TURF 1 TABLE, 6'X 30" $6.40 $8,40 1 BLACK, 6' TABLEDRAPE $19,25 $19,25 1 COOLER, EVAPORATIVE OSCILLATING $250OU $250.00 1 ELBC CORD BY $0.00 $0.00 1 WATER HOSE 100' $000 $0.00 Stole HOURS Mon - Frl 91UUa -S:00p Sal 10:00a -2:00p Pftt¢3 on Mon 41612016 313820PM Sonwam by Point- ofAenlsl eyslsms www,polnbo4renlel,com 251 -15 Modlficetlon s 5 00*40bPaWlwapl(14) Quote #: g6675 CITY Or SANTA ANA PARKS & REC Page 6 of 6 Qty Items Rented _ � Disc A_mtl Dlsce% Dien% M..- Each Price 2 LOUNGE, LOVESE4 WHITE LEATHERETTE 13137.50 - TMMTM �~ $278.00 ' 1 TABLE, COFFEE WHITE fIWX22" $38.50 $38.50 1 TABLE, SIDE WHITE 22"X22" $30.0 $30,00 -- GREEN ROOM -- 1 CANOPY, 16'X15'Wi.ITE KWIK $170.00 $170,00 1- 15' X 15' X B' WHITE CANOPY 4 CANOPY, BASE STEEL $2.00 $8,00 3 SIDEWALL, B'X20' WHITE $1 $60.00 4 LIGHT, LED PAR -CAN $35,00 $140.00 2 ELEC CORD 50'MULTI BLACK Sul) $0,00 1 LOUNGE, SECTIONAL, WHITE LEATHERTT. 5PC $300.00 $$00,00 1 LOUNGE, SOFA, WHITE I.EATHERETT, CORNR RT $0.00 $0,00 1 LOUNGE, SOFA, WHITE LEATHERETT, MID $0.00 $00 1 LOUNGE, SOFA, WHITE LEATHERETT, CORNR LF - $0,00 $0.00 i LOUNGE, SOFA, WHITE LEATHERETT, END RT $0,00 $0,00 1 LOUNGE, SOFA, WHITE LEATHERETT, END LT $0.0c $0,00 1 TABLE, COFFEE WHITE 35X22" $26.00 $25,00 225 ASTROTURF, BLACK SQ. FT, $0.48 $108.00 1 -15'X 151 TURF 1 COOLER, EVAPORATIVE OSCILLATING $250.00 $250.00 1 ELEC CORD 50' - $0.00 $0.00 1 WATER HOSE 100' $0.00 $0.00 2 TABLE, ROUND 30" $9,3E $18.70 MUST BE INSTALLED ON LEVEL GROUND, 2 TABLE, CKTL,30 "LEG $0.00 $0.00 2 BLACK, 90" GARDEN $10.75 $21.50 B CHAIR, POLIWOOD WHITE $2.60 $20.80 4 TREE T PALM TREE, ARECAARTIFICIAL $0.00 $0.00 80 KWIK COVER /8'WHITE $3.95 $237.00 COVERS FOR VENDOR TABLES 1 DELIVERY /PICKUP $600100 $600,00 DELIVERY / PICKUP FOR RESTROOMS & SINKS 20 KWIK COVER /6'WHITE $2.00 $40.00 DRESSING ROOM TABLES 1 LADDER 6' $0.00 $0,00 t FUEL FOR GENERATORS $2,500.00 $2,500.00 »> COST TO REFUEL GENERATORS< rNAL T.B.D. 1 KWIKCOVER18'WHITE $2.00 $2.00 CHECK IN 225 ASTRO TURF, LABOR INSTALL SQIFT $0,18 $36.00 225 ASTROTURF, LABORINSTALL SQ /FT $0,16 $36.00 1 pellvary/Pickup__.._ $600.00 $600.00 This is a Quote Only, Thank you for the opportunity to assist you on your special event we greatly appreciate your business. To confirm and reserve the equipment quoted a signature and a 50% deposit is required. All equipment is subject to availability and quotes will only be reserved upon receiving the signature and Deposit(s). Balance of the order is due 3 days prior to delivery date along with a refundable security deposit ( amount of security deposit varies based on equipment). Revisions can still be made after the order has been reserved. Quotes are valid for up to 30 days, price are subject to change at any time. Thank you Store Hours Mon - Fri 9:00a -6:00p Sat 10:00a -2:00P Modification 5 Prlse,d On WA 4/ 3@016 3:3829PM soawere by Palnkf.Rentel Systems www.pointmf -ravel com Contrec4Pnrem5.rp1(14) 251 -16 Quote S: (ISG76 CITY OF SANTA ANA PARKS & REC Signature: CITY OF SANTA ANA PARKS &REC a[ore pours Mon - rn e:uua -n:uup sat iu:uua- 2:uup Pnntod On Men 4l 612015 3o6 29PM Ser,e,e by POln4o6Rental5yslems wwa pnInI- o6renlel com 251 -17 Pape S of 6 Rental: CA BUS: Sales: Delivery Charge: $40,243,00 $2,727.33 $3,461.00 $600.00 Subtotal: �4 $47,021.33 Sales Tax: $304.11 Total $47,325.44 L7AM.tlnt Paid $o.00 Aue: $47,825.44 Modification R 5 Conlnan- Params.Ilt(14) 251 -18 CONSULTANT AGREEMENT WITH BOBBY NAVA ADVERTISING AND ENTERTAINMENT AGENCY THIS AGREEMENT is made and entered into this 1" day of April, 2015 by and between Bobby Nava Advertising and Entertainment Agency, ( "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing wider the Constitution and laws of the State of California ('City"), RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing advertising and entertainment 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 per %nned by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting finn 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 provide advertising and entertainment services for the Cinco de Mayo event ( "Event ") to be held in downtown Santa Ana with performers on Saturday, May 2 and Sunday, May 3, 2015 with the names of the performer (Graciela Beltran) and timeframes for service as set forth in the Consultant's schedule, attached hereto and incorporated herein as Exhibit A. 2. DELIVERY OF WORD 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 forn compatible with City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable wider 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. 251 -19 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 A. The total sum to be expended under this Agreement shall not exceed Fifteen Thousand Dollars ($15,000.00) during the tern of this Agreement. b. City shall pay half of the compensation upon full execution of this Agreement ($7,500.00) and the other half ($7,500.00) shall be paid on the day after performance (May 3, 2015), 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 stated above and terminate on May 30, 2015, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney, 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 widertaking performance of work under this Agreement, Consultant shalt 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 by hinted 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 $2,000,000 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. 2 251 -20 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. The following requirements apply to the insurance to be provided by Consultant pursuant to this section; (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. c. 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 terminate thus 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 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, "cla.hns "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement eement (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 251 -21 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 (his 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 rightfiil 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 perfonnance of services specified cinder this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other comma nication 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 251 -22 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: Bobby Nava Advertising & Entertainment Agency Attn: Bobby Nava 4959 Palo Verde St,, Bldg. 203B, Montclair CA 91763 Mailing Address: P,O, Box 828, Pomona, CA 91769 Phone: 909 - 629 -5252/ FAX: 909 - 629 -1818 A party may change its address by giving notice in writing to the other party. Thereafter, any comrmmication 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 asset 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 regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a corrflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any tens 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 or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by airy party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which. are the subject to this Agreement performed. by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of ternnination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant 251 -23 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 perfonnance 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, perfonnaxce, and enforcement of any of the clauses of this Agreement shall be detennined 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 below has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indennnify 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 witbdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. - -- signature page follows - -- 251 -24 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. CARVAI,HO City Attorney By. John . Funk Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: Bobby Nava Advertising & Entertaimnent Bobby Nava RECOMMENDED FOR APPROVAL: Owner Gerardo Monet, Executive Director Parks, Recreation & Community Services Agency 251 -25 EXHIBIT "A" 13NA Advertising and Entertainment 4959 Palo Verde St Build, 203E Montclair Ca 91763 Mailing Address: P.0 Box 828, Pomona CA 91769 Office: (909)629.5252/ Fax (909)629 -1818 Specializing in Spanish and English Radio and T,V, Advertising Talent Contract D1te: March 13 2015 T Contact: �^ GernaR,amirez Contraco: 115154 Phone: (714) 514-4251 _ Address: City of Santa Ana Parks, Recreation and Community Services Agency 20 Civic Center Plaza P.0, Box 1988 Santa Ana, CA 92702 Name of Artist : Graciela 3cltran Date & Time of Presentation Sat May 2" 2015 from 7pm -8pm Location Yi'ljere: 4th St. Downtomi Santa Ana, CA Date: Saturday, Inlay 2,2015 Time: 71mi -8pin Graciela Beltran $15,000 Due upon execution of this Agreement $7,500,00 Due on the day after the performance May 3, 2015, $7,500.00 251 -26 AGREEMENT WITH STAGE PLUS EVENT STAGING SERVICES FOR PROVISION, INSTALLATION AND REMOVAL OF STAGE EQUIPMENT FOR CINCO DE MAYO 2015 EVENT THIS AGREEMENT is made and entered into this 7th day of April, 2015 by and between Stage Plus Event Staging Services ("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 ('City"), RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing stage equipment for the Cinco de Mayo event that the City is conducting on May 1, 2, and 3, 2015 ( "Event "). B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in this 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 fern 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: I. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove rented stage, ground support systems, audio, lighting, scaffolding, barricade and ramps (collectively the "Equipment ") at 4"' Street and 5"' Street and Broadway Avenue for the Event, as set forth in Exhibit A to this Agreement. Contractor shall deliver the Equipment on May 1, 2015, and start set -up immediately after the closure of the streets. Contractor will clean up and remove the Equipment Sunday evening, May 3, and have it completely removed and cleaned up by 6:00 AM, Monday, May 4, 2015. Contractor will also provide stage manager services on May 2 and 3. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Twenty -Three Thousand, One Hundred Dollars ($23,100.00), which, includes a 10% contingency for any additional services, which must be requested and approved by City. b. Payment 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 perfonnance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall continence on the date first written above and terminate on May 31, 2015, unless terminated earlier in accordance with Section 12 below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 251 -27 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 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 $2,000,000 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 insured's provisions. b. Business automobile liability insurance, or equivalent forrn, 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, hr accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. 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.. 251 -28 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City, (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 To the fullest extent permitted by law, Contractor 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 relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Contractor's presence or activities conducted while performing the work (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, 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 Contractor 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 Contractor. 7. 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. S. 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. NO'T'ICE 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 251 -29 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 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 copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 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 Contractor: Stage Plus Event Staging Services 2330 S. Susan Street Santa Ana, California 92704 Facsimile: (71.4) 241 -0185 Phone: (714) 390 -4563 A party may change its address by giving notice in writing to the other party. 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 tune 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 with respect to the subject matter herein, 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 attactunents hereto, the terms of thus Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition . to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 251 -30 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 ire the subject to this Agreement performed by City personnel or by other consultants retained by City. 11 TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 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. 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 indenuufy 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. -- signature page follows- 251-31 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Fluizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALI -10 City Attorney 13y: John . Funk Assis aut City Attorney RECOMMEND FOR APPROVAL: Gerardo Mouet, Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Stage Plus Event Staging Services [Name] Tax ID# 251 -32 1 *41 Moll A 251 -33 5 � ti ' Ilt3 er p;3.11i' �tft�..lthlln' ?rQSIFXb/n2L`:1Liu' 2330 S. Susan St, Santa Ana, CA 92704 (714)241 -0184 (714) 528 -3891 (714) 241 -0185 PAX BILL 7'O. Colunit) Moaet Coma Ramirez Parks, Recreation, and Commnuity Servim Agency Chy of Santa Ana 714-571-4204 Tel 714-571-4227 Tel 714 - 4M -4732 Cel SOUND (MAIN SCAOE) I Sand Craft Sit 12 Ch Cunwla (polo 1 rm" Book 1 Snake tvf tnnnhue xplh i 12 EV tklbrn nine Array Wd /high) 12 EV Cobra Dual IS' subs I I Monitor pkg (frS mix) 1 Sound Craft Sr W. Cnnvnlr (Monitmv) 6 Four Alonhor i Drum Fill Monitor 2 Sida Pill I Wor6. Box 4 Sure UR Whelecs Was i hlic pkq 1 tabling pkg 1 DI pkg I CD player 2 En Incur 1 'rein Who 51uy0 1 40%. x S Stage 2 Stnir unh I Skirting front or stage I Stago mile loft, right & tear 1 Vim Extinguisher Pky 1 40 x 72 x Vh Self Climbing a>f (4 tovref) I ,p) x 32 Mesh Cow (Black) I I Anchor Pkg 14 - ADM ]bs balm) lSlaga I.Igbtiug I og Pnmta 8 5C tb75 wahm (rB End) 8 575 spas (Hi End) 1 Diblo Pkg I Dlxlro 24 Source 4 par 1 Dimmer 14, I Cola Cei Pkg Ilt.wkline Instruments I Yomalm Stage Cusunu Drum Set I Feralor lI Vin Guitar Amp I GKOOO *U)) Baas Amp SHIP TO Flesu Patflous Downtown Santa Ana, CA _7BD _ pup+ I of 3 251 -34 RVEV�r �Jcr 2330 S. Susan St, Santa Ana, CA 92704 (714)241-0184 (714) 528-3891 (714) 241-0185 PAX 26535-L-SANTA ANA—May ,rrEm NO. QTY. -T ON deo 1 12 Pawl LEI) Virtual 8MM. SOW WrJl I C)AMDrd I DVD Ilayback I Video switch I Ugbg Rg I Distfo I DulimySct-up Nflick-up I Duddiug & safety Permit (No Few pg. 2 of I 251-35 lty. RYKE/jE C-ICf —6V - 1 2310 S. Susan St, Santa Ana, CA 92704 (714)241-0I84 (714) 528-3891 (714) 241-0185 PAX 265815-L. SANTA AN"ay [writ CITY Witt, AN VATR %p pwr_. hIllaml IN;III. pro YOU PAY 1'O Ahpuvr; 251-36 $ UOTOIN I AGREEMENT WITH JOSE L. ROMO FOR EVENT PRODUCTION SERVICES THIS AGREEMENT made and entered into this _ day of April, 2015 by and between Jose L. Romo, a sole proprietorship (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. The City desires to retain a Promoter having special skill and knowledge in the field of providing event production services. B. Promoter represents that Promoter is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from aprofessional 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 Promoter shall provide event production services and cleaning service for the Cinco de Mayo event ( "Event ") to be held in downtown Santa Ana from Friday, May I through Monday, May 4, 2015, as set forth in the Promoter's Scope of Work, attached hereto and incorporated herein as Exhibit A. 2. DELIVERY OF WORK PRODUCT Promoter 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 Promoter. 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, Promoter 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 Promoter, 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 Promoter agrees to accept as total payment for his services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement 251 -37 shall not exceed Eleven Thousand One Hundred Thirty Two Dollars ($11,132.00) ( "Total Compensation ") during the Term of this Agreement. b. Total Compensation includes a 10% contingency of $1,012.00 ( "Contingency ") which can only be billed against by Promoter with specific detail to the Executive Director for its necessity. c. City shall pay Five Thousand Dollars ($5,000) of the Total Compensation upon execution of this Agreement and receipt of an invoice from Promoter. The remaining Compensation of Five Thousand One Hundred Twenty Dollars ($5,120.00) shall be paid within thirty (30) days after the Event and receipt of a final invoice from Promoter, subject to City accounting procedures. Payment of the Contingency shall only be permitted upon proof of its necessity in the discretion of the Executive Director. Payment need not be made for work which fails to meet the standards of perfonnance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date stated above and terminate on May 31, 2015, unless terminated earlier in accordance with Section 13, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 5. INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter 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 perfonnance of work under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Promoter 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 Promoter'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 $2,000,000 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. 251 -38 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, Promoter, if Promoter 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, Promoter 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 Promoter pursuant to this section: (i) Promoter 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 Promoter 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 Promoter's right to be paid for its time and materials expended prior to notification of termination. Promoter 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, Promoter 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, darnages, 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 Promoter's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Promoter, 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 Promoter 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. 251 -39 The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Promoter. 8. CONFIDENTIALITY If Promoter receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Promoter 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 till 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 Promoter disclosed in a publicly available source; (c) is in rightful possession of the Promoter without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Promoter without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Promoter covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax 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 Fax: 714-647-6956 Copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -75) Santa Ana, California 92702 Fax: 714 -571 -4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) 4 251 -40 P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6515 To Promoter: Mr. ;lose Romo 1191 La Limonar Road Santa Ana, CA 92705 Phone: 714 -612 -9227 Email: romo66 @yahoo.com 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 Promoter, 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 Promoter. 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 Promoter nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any patty, 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 Promoter, Promoter 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 Promoters retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Promoter shall be entitled to receive and the City shall pay Promoter compensation for all services performed by Promoter prior to receipt of such notice of termination, subject to the following conditions: 251 -41 a. As a condition of such payment, the Executive Director may require Promoter 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 Promoter 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 Promoter 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. Promoter 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 Promoter 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. Promoter 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 tike 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. 251 -42 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZ,OS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �, �z� C PROMOTER: Lisa torck Assistant City Attorney Jose L. Romo RECOMMENDED FOR APPROVAL: Gerardo Mouet, Executive Director Parks, Recreation & Community Services Agency 251 -43 EXHIBIT A Scope of Services: Jose Romo ( "Promoter ") Professional services to help with the production of Cinco de Mayo event May 1 -4, 2015 ( "Event ") Jose Romo brings 20 years of experience coordinating the Downtown Santa Ana street festivals. He will be able to provide valuable technical assistance to City staff in planning the 2015 Cinco de Mayo Downtown Santa Ana street festival. Promoter will coordinate the logistics of the Event including ordering all equipment needed, establishing early communication with all participants to understand their planned activity, prepare event layouts, supervise and coordinate activities of all subcontractors, provide guidance and information pertaining to the Event to participants and ensure that all contractual obligations are met. Promoter will act as liaison between City staff, Event participants, Orange County Health Care Agency, Orange County Fire Authority, Downtown Santa Ana business community and residents. He will work closely with City staff to ensure event location meets all building, health and safety requirements and with sales team to ensure participants meet their goals and objectives. Other responsibilities will include resolving and mitigating all issues during the Event and contracting all personnel needed to provide adequate trash pickup services during and after the Cinco de Mayo Event. Trash Pick -U Staf: Saturday 8 am to 4 pm: Saturday 4 pm to 12 mid: Sunday 10 am to 6 pm: Sunday 6 pm to 2 am; Monday 6 am to 2 pm: 11 staff and 1 supervisor 13 staff and 1 supervisor 13 staff and 1 supervisor 17 staff and 1 supervisor 4 staff The cost to provide this coverage will be $5,120 at the following rates: 58 staff at $10 per hour for a total of 464 hours = $4,640 1 supervisor at $15 per hour for a total of 32 hours = $480 Litter maintenance personnel for the event: Promoter's services include trash pick -up for Event area on 4th Street, Plaza Santa Ana, backstage area and food areas on French, Bush and Main Street. Carnival operator provides trash pick -up services for the carnival area during the 3 day festival and after they vacate the carnival area. Event trash boxes and liners will be provided by Waste Management. In the event there is a stage at the Artist Village, Promoter proposes to add a litter maintenance crew member from the moment entertainment begins each day until 2 hours after entertainment ends to completely clean the area. For example, if entertainment starts 251 -44 Jose Romo - Scope of Services Page Two at 12 noon and ends at 9 pm, there should be a litter maintenance crew member there from 12 noon until 11 pm. The cost is $10.00 per hour. o -St : $ 5,000.00 Professional event production services* $ 5,120.00 Trash Pick -up Staff services (as detailed above) $ 1,012.0010% Contingency $11,132.00 *Payment: $5,000 of the overall professional Event production service fee should be paid to Promoter after he submits an invoice and after the agreement is executed, but before the actual Event. Proposed tasks for Promote : • Vendors - City Staff ( "Staff ") will receive applications and screen applications for approval. Staff will collect all required documents and payments. Upon receiving this, staff will approve the vendor and forward to Promoter. Promoter will be responsible for determining the best location for vendors and will assign booths. Promoter will be the point person for any logistical requirements for vendors, in order to ensure that vendors are placed at sites that are not in direct competition with existing businesses. Promoter is responsible for assignment of spaces to sponsors as well. • Logistics /Security - Promoter will be responsible for bringing to the attention of Staff any concerns regarding damage prevention to existing buildings. Promoter's location in the downtown area will allow him to be accessible to businesses and serve as a liaison to Staff. Staff will procure the stages and canopies, Staff will process the agreements and coordinate all payments. Promoter will coordinate delivery and placement of the stages and canopies, Staff will coordinate street closures for these deliveries. • Meetings - As part of the production team for this Event, Promoter will attend various meetings regarding logistics, security and street closures. • Event Layout - Assist City Event Coordinator in developing Event layout. • Permits - Secure permit for all food participants (commercial and non - profit) with OC Health Care Agency. • Event Notification Letter - Distribute Event and street closure notification letter to all impacted businesses and residents in Event area. • Downtown Merchant Participation - Secure desired location for businesses on 4th Street who wish to participate. • Steam Cleaning - Coordinate steam cleaning the week following Event. • Parking passes - Distribute parking passes to impacted businesses. • OCHCA - Secure OCHCA event permit for Event. • Secure Orange County Fire Authority event permit for Event. • Mitigation of issues - Assist Event Coordinator in resolving and mitigating all issues reported by staff, members of the public, event participants, business owners and residents before, during and following the 3 -day Event 251 -45 251 -46 AGREEMENT WITH INSURE PROTECTIVE SECURITY FOR SECURITY SERVICES FOR CINCO DE MAYO FESTIVAL THIS AGREEMENT is made and entered into this 21" day of April, 2015 by and between Insure Protective Security (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 security guard services for the Cinco De Mayo Festival that the City is hosting from May I to May 3, 2015. ("Event ") B, Consultant represents that Contractor is able and willing to provide such services to the City. C. 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: 11 SCOPE OF SERVICES Contractor shall provide security guard services for the Cinco de Mayo Festival ( "Event ") to be held in downtown Santa Ana from Friday, May 1 through Sunday, May 3, 2015, with the number of security guards and timeframes for service as set forth in the Contractor's schedule, attached hereto and incorporated herein as Exhibit A. 2. DELIVERY OF WORK PRODUCT Contractor 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 Contractor. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Seventeen Thousand Three Hundred and Eighty Five Dollars and Twenty Two Cents ($17,385.22) during the term of this Agreement. 251 -47 b. Said compensation includes a 10% contingency added onto the base price of Fifteen Thousand Eight Hundred Four Dollars and Seventy Five Cents ($15, 804.75). In order to access said contingency amount, Contractor shall provide clear documentation to evidence the need for extra services which is subject to approval by the Director of Parks, Recreation & Community Services Agency, c. Payment by City shall be made within thirty (30) days following the Event, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of perfornance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on May 1, 2015 and terminate on May 31, 2015, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 5. 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, 6. INSURANCE Prior to widertaking 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. Cormnercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees 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 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 $2,000,000 in the aggregate. Contractor shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City of Santa Ana. 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 251 -48 respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's 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 ally employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in frill 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. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If 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 terminate ibis Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall defend, 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 death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. 251 -49 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. S. 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. 9. 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. 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 fax or other telegraphic cornmmurication 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 Fax: 714- 647 -6956 251 -50 Copies to: Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -75) Santa Ana, California 92702 Fax: 714 -571 -4221 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P,O, Box 1988 Santa Ana, California 92702 Fax: 714 -647 -6515 To Consultant: Insure Protective Security Attn: David Sayed 6 Hutton Centre, Suite 600 Santa Ana, California 92707 Phone: 888 -315 -3319 Fax: 888- 778 -4463 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 fax, communication shall be effective or deerned 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 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 251 -51 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of 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 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, 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. Asa condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 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 cormection with or by reason of this Agreement. 16. 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 6 251 -52 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 herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: J Y Fmik Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet, Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager INSURE PROTECTIVE SECURITY David Sayed President 251 -53 EXHIBIT GeA" Private Securitv Requirements/Deployment Cinco de Mayo Security guards are not to carry weapons, batons, or tear gas. Se5 urity guards are to report only to the Santa Ana Police Department Sgt. in charge of the event. Carnival security: James Johnson, President, Jon J Security. Services, (619- 754- 1203), PPO 15522, 601 -C East Palomar St., Chula Vista, CA 91911, johnsoii@jonjsectirity.com Festival Private Security: IPS George Cassitas (562) 794 -7420. Security Guard Reuuirernents: Security Company must be approved and certified by Santa. Ana Police Department, and all guards must be properly trained and with a certified guard card. Guard cards must be turned in to the Police Department a week prior to the event. Friday, May 1: Carnival o 4:30 pm to 11:30 pm, 1 Guard Third/French, 1 Guard Spurgeon /Fourth, 1 Guard Bush/Fourth, 1 Guard Main/Third, 1 Guard Third /Bush. Full fencing to be provided at Bush and Fourth and Spurgeon and Fourth Friday night starting at 7 p.m. Friday, May I 0 8:00 pm to 11:45 am, 1 Guard for Beer Garden. Beer Gardens at4ll' /French 0 11:59 pm to 8:00 am, 3 Guards total - 2 rovers, I at stage to protect stage and insure the integrity of the street closures. Saturday, May 2 0 8:00 am, Roll call at stage.- Fourth and French o 8:00 am to 12 :30 am, 1 guard each: Maintain integrity of barricades, vehicles only enter at Main and Fifth. Vehicles exit at Bush and Fifth and Third and French. 251 -54 11:30 am all vehicles off of streets. 11 total guards street closures • Fourth and Sycamore • Alley at Sycamore and parking structure. Allow church staff access to alley. No vehicle access. • Fifth and Main: Main entry • Fifth and Bush: Vendor Exit • Fifth and French - No Food vendor entry, • Fourth and Mortimer - north of stage - No pedestrian standing or vehicles allowed on Mortimer adjacent to the stage VIP Parking only City Council- Bilingual Guard required • Fourth and Minter - at barricades and to escort garage repair facility traffic in and out. • 'Third and French: vendor exit only, Exceptions allowed to park or enter: Robert Escalante Packard cars, Carmen Travel Agency, Ray Rangel, Fire volunteers, City Council, security staff, Parks and Rec staff must have placard. • 'Third and Bush: To monitor lofts to insure no illegal activity, monitor DGWB parking lot barricades - only DGWB employees and Loft residents allowed to park. • Second and Main :monitor Rite aid driveway and First and Main: No vehicle entry, Monitor Second and Sycamore • 'Third and Main to monitor lofts. Guards are to stay positioned fit. thg locations a. day • 11:00 am to 1.0:30 pm,2 Guards - south walkway adjacent to stage at Fourth and Mortimer 1 at each end to keep pedestrians moving. 2 guards north walkway to keep sidewalk clear. • 11:00 am to 12:00 am, 1 Guard middle of street on Bush mid -way between First and Third, l Guard middle of street on Spurgeon north of shopping center driveway to allow only Loft residents to park. North of road closed signage. Loft residents to have placard. 251 -55 o 11:00 am to 10:30 pm, 4 guards at stage. 2 front, 1 rear entry, 1 catwalk • No impromptu autograph sessions, no tossing of items from stage - notify Police Command post if occurs Rovers: 1 1:00 am to 12:30 am, I Supervisor, 4 Rovers. Supervisor to have radio ** *Watch for gang members especially in the carnival area • Monitor booth activity - lines from wheel of fortune blocking pedestrian paths, amplified sound, illegal vendors. Monitor alley barricades • Once each hour to patrol adjacent parking garages at ThirdBiroh, Third/Broadway, Fiftb/Main, Fiesta marketplace 11:45 am to 2 p.m. Beer Garden: 2 Guards 2 p.m. to 10:O0pm, Beer Garden: 5 guards (1 each entry, 2 along fence, 1 rover) Fourth/French 12:00 am to 8:00 am: 3 rovers, I stage guard. 1 Guard for the Beer Garden. Sunday, May 3 o 8:00 am to 10:30 pm, I guard each: Maintain integrity of barricades, vehicles only enter at 5m and Main. Vehicles exit at Bush and Fifth and Third and French. 11:30 am all vehicles off of streets. 11 total guards street closures • Fourth and Sycamore: • Alley at Sycamore and parking structure. Allow church staff access to alley. No vehicle stopping to drop off equipment. • Fifth and Main: Main entry • Fifth and Bush: Vendor Exit • Fifth and French - No Food vendor entry, • Fourth and Mortimer - north of stage - No pedestrian standing or vehicles allowed on Mortimer adjacent to the stage VIP Parking only City Council - Bilingual Guard • Fourth and Minter - at barricades and to escort garage repair facility traffic in and out. Third and French: vendor exit only, Exceptions allowed to park or enter: Robert Escalante Packard 251 -56 cars, Carmen Travel Agency, Ray Rangel, Fire volunteers, City Council, security staff, Parks and Rec staff must have placard. Bilingual Guard Third and Bush: To monitor lofts to insure no illegal activity, monitor DGWB parking lot barricades - only DGWB employees and Loft residents allowed to park. Bilingual Guard Second and Main: monitor Rite aid driveway and First and Main: No vehicle envy, Monitor Second and Sycamore. Third and Main to monitor lofts. wwwwrXISM . }• •s • • o 11:00 am to 10:00 pm, 1 Guard middle of street on Bush mid-way between First and Third, 1 Guard middle of street on Spurgeon north of shopping center driveway, to allow only Loft residents to park north of road closed signage. Loft residents to have placard. o 11:00 am to 10:00 pm, 2 Guards - south walkway adjacent to stage at Fourth and Mortimer 1 at each end to keep pedestrians moving. 2 guards north walkway to keep sidewalk clear. o 11:00 am to 10:00 pm, 4 guards at stage. 2 in front, 1 rear entrance, 1 at Cat Walk No impromptu autograph sessions, no tossing of items from stage. Notify Police Command post if observed o 1.1:45 am to 9:00 pm: Beer Garden - 5 guards ( 1 each entry, 2 along fence, 1 rover) Fourth/French o Rovers: 11:00 am to 11:30 pm, 1 Supervisor, 4 Rovers. Supervisor to have radio, Monitor booth activity - lines from wheel of fortune blocking pedestrian paths, amplified sound, illegal vendors and monitor alley barricades. Once each hour to patrol adjacent parking garages at Third /Birch, Third/Broadway, Fifth/Main, Fiesta marketplace ** *Watch for gang members especially in the carnival area 251 -57 11 :45 am to 2 p.m. Beer Garden: 2 Guards, 2 p.m. to 9: 00 pm, Beer Garden: 5 guards (1 each entry, 2 along fence, l rover) Fourth/French Additional duties: o Each Night rovers will assist Police and Fire Departments with shutting down cooking booths. Sat. 9:00 pm, Sun 8:00pm o Assist Police Department with. closing down the festival nightly and assisting with sweep - Sat. 11:45 pin, Sun, 9:45 pm meet at Fourth and Main. 251 -58 E J16 y! F# y This pricing proposal covers ALL security personnel INCLUDING supervisors and patrol: 7':888 -31S -3319 www.irisui•eDrotective.com F:888- 778 -4463 info @insure ru atective_com 251 -59 Dear Mr. Sandoval, Insure Protective Security would like to thank you for taking the time to review our proposal. We take pride in providing you with the maximum standard of service in the security and protection industry. We look forward to the opportunity to work together to accomplish your security and protection goals. Thank you again for reviewing the Insure Protective Security proposal. Sincerely, David Sayed President Sp: -.:.mow BdY a18i. L � wi.:2dA. ll A K{ pp T:888- 315 -3319 www.insureprptective.com P; II88- 778 -4463 info insurep ot_ective.com 251 -60 Insure Protective Security is currently operating in both Northern and Southern California. IPS is licensed with the Bureau of Security and Investigative Services, bonded, and fully insured. IPS can be described in two words: Honor and Integrity. They serve as guidance for all of our employees. It's at the core of our company and the reason why we're able to build trust with our clients. It's on the patch, which lies on the shoulders of every one of our officers. At IPS we run our operations on a client- centered model that allows us to deliver responsive and reliable security services to our clients. This model is focused around quality personnel, real time reporting, and customer service. In the next few pages we will go more in depth into each of these areas. IPS implements a strict recruiting and hiring process. Our step -by -step process not only screens out unqualified candidates but also goes well beyond the industry norm to focus on selecting only the best possible applicants. Our process identifies candidates who posses important traits we believe are critical to both IPS and our client such as honesty, integrity, and a strong customer service orientation suited to the culture and operating environment of your establishment. Our selection process includes: - Experience - Initial Interview - Drug Screening - Background Check - Guard Card License Verification T:888- 315 -3319 www.insuref�rotectiv_e.coni 8:888- 778 -4463 inWinsureprotective_con 251 -61 TRAINING Our commitment to employee training and development is the foundation that the quality of our security officers is based on. Our personnel go through extensive training at Basset Private Security Training Academy, an accredited training academy. All training is certified by the Bureau of Security and Investigative Services and the California Association of Licensed Security Agencies. Every new hire is required to complete the IPS training program. Our professionally designed training classes help motivate employees, which results in lower turnover, less absenteeism, and higher standards of performance. The curriculum includes the following subjects: • Administrative and Security Orientation Legal Authority • Authority of the Security Officer • Conflict Resolution • Company Policy and Procedures Report Writing • First Aid • CPR Certified (if required by contract) Hazardous Material Recognition & Procedures • Public Relations • Communications • Protection of the Crime Scene. • Method of Patrol /Defensive Driving • Fire Prevention • Recognizing Safety Hazards • Bomb Threat Recognition • Rules of Evidence • Uniforms and Equipment T: 888 -315 -3319 www.insureorotective.com F:888- 778 -4463 info @insureprotective.com 251 -62 Insure Protective Security is committed to using the most up to date technology to better serve our clients. At IPS we use a custom real -time information gathering and incident Reporting /Monitoring System Software that allows us to monitor and respond to real - time issues, tasks, and incidents. We have essentially gone paperless. This means our clients enjoy the benefits of receiving reports and updates about their establishment in a fast and easy way in real time! REAL. TIME REPORTING We provide our clients with the following reports: Daily Activity Reports, Incident Reports, and Field Inspection Reports. Each of these reports Is sent to you in real -time via email using our Reporting /Monitoring System Software that is integrated with our network and with smart phones which enhance these features with supporting audio, video, and photos. Daily Activity Report: This report is taken by the on -site security officer and shows the activity occurring at your establishment throughout each shift and has a focus on proactive site management. Proactive site management includes for example, making recommendations on maintenance related issues such as a burned out light, which may generate an email to the maintenance staff. Incident Report: Different incidents trigger the on -site officer to write an incident report after all of the facts and information is collected. This information potentially becomes very helpful in legal disputes and usually is the difference between winning and losing a court case. The information collected in this report details the WHO, WHAT, WHERE, WHY, WHEN, and HOW of the incident. When needed the report also includes audio, video, or photos. Field Inspection Report: This report is taken by the Field Supervisor who makes unannounced visits and conducts an inspection report of both the on -site officer and the site. The inspection report ensures that the on -site officer is in proper uniform, has the proper equipment, is well groomed, is aware of the standard operating procedures for your establishment, etc. A photo is also taken of the on -site officer and is included in the report. T:888- 315 -3319 www.insureprotective.coni F:888- 778 -9463 info @insureprotective.com 251 -63 Fos III Information pmntaFnrm Name: site check Folm6paae Uame; Feld Operations Submitter Name: Security SUpervisoi FCC Submission Date: lul 23, 2012 6:26:53 PM PDT ReFation: Number. S25E9055 Lacatipn: 6016 Main 6016 Hain 5t, Guard W 23, 2012 6:26:0.9 PM PDT [ lew a j Region. NorCal Facial Hair FCC. Name Bodv Oda, Na Door Site Ptame Gams Stop Attitude Sveathsl Goad f Clear No ],sad wem Guard On Bost Shirt fit Pictare fmm a d�.tance Pants Elk 6DU Pasta Fit Good fit Star Badge Pinned on At Duty Felt Yen Guard Name Guard Card No 10 Card tie. 919690 Facial Hair Good Bodv Oda, Na Door Alertness Fully Alert Attitude Excellelit Nat No ],sad wem Shirt Slk SOU Shirt fit Good Fit Pants Elk 6DU Pasta Fit Good fit Star Badge Pinned on At Duty Felt Yen Socks Not Vmble Shoe$ 51k Mditory Boats Ilnifmrm Condition Clean SAMPLE FIELD INSPECTION REPORT Site Pesx Stondmy Post doors Tim¢ Fha A:aiiabfs No p4P ;Availit able Dxtax [n:,talled N. Nc Detu Do::nloadd No .IY ACE05 ^ib [ NO Otli2r }nipr'nYbY On Other InfOrrn6C tM1P 9n UI ills remaws trmn th d ient A,lmd his m to conti,iva prm•idlny Lire cnma leuaf m excellent servtee. Ladge alb, IIfn ld -new 1 111, ba<19e Ooltlnr hex a nP m rrye (IIncLQ` b-d, CU4tOnief vmert. C ,,Rt No Able to urtet Nn T:888- 315 -3319 www.insurepretective.com P:888- 778 -h463 info win sure protective.com 251 -64 i ,410111 ON I 111111F.11" 9 CITY COUNCIL MEETING DATE: APRIL 21, 2015 CLERK OF COUNCIL USE ONLY: TITLE: I APPROVED RECEIVE AND FILE THE MEDICAL MARIJUANA 0 As Recommended As DISPENSARY ENFORCEMENT PLAN UPDATE E3 OrAmended REPORT [] Ordinance on 9" Reading � Ordinance on 2nd Reading (STRATEGIC PLAN NO, 1, 1) 0 Implementing Resolution C7 Set Public Hearing For Receive and file the Medical Marijuana Dispensary Enforcement Plan update report. D Si CUSSION On November 4; 2014, the voters of the City of Santa Ana approved Measure BB (Ordinance No. NS -2884) to regulate the establishment, operation and taxation of Medical Marijuana Collectives and Cooperatives. On November 18, 2014 and in response to the voter approved measure, the City Council approved the Medical Marijuana Dispensaries (MMD) Enforcement Plan to effectively provide for the closure of illegal medical marijuana dispensaries and to ensure the monitoring of permitted collectives /cooperatives operating legally under Measure BB. Since the adoption of Ordinance NS -2884, the City's Planning and Building Agency, Police Department, and the City Attorney's Office have been working collectively on the implementation and enforcement policies of Measure BB, As adopted last November, the various forms of enforcement include the investigation of illegal medical marijuana dispensaries, the regulation of permitted medical marijuana collectives /cooperatives, the imposition of administrative fines when appropriate, and the disconnection of utilities when warranted. In addition to issuing citations for violations of the law, the Santa Ana Police Department has participated in the implementation of Measure BB and will complete undercover Investigations related to illegal medical marijuana collectives and cooperatives, seek the apprehension of criminals, and sere illegal contraband. Since February 2015, the Santa Ana Police Department's medical marijuana task force, in collaboration with the Community Preservation Division, has investigated and closed six illegal marijuana grow operations and seized an estimated $8 million of marijuana. 29A -1 Medical Marijuana Dispensary Enforcement Plan April 21, 2015 Page 2 Over the past six months, as a follow -up to Community Preservation initiated enforcement efforts, the City Attorney's Office has negotiated the closure of various illegal medical marijuana dispensaries and gained the cooperation of property owners to evict dispensaries. As a result of these efforts, the City has recouped enforcement costs of over $50,000. The City Attorney's Office will continue its efforts of filing criminal prosecutions and civil lawsuits to obtain compliance with the law and seek fines, civil penalties, and attorneys' fees to recoup costs as allowed by law. City staff has worked diligently, cooperatively, and effectively to implement and enforce the voter approved measure and the enforcement plan and will continue Its efforts to close illegal medical marijuana dispensaries. STRATEGIC PLAN ALIGN EN This item supports the City's efforts to meet Goal #1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic/ pedestrian /bicycle safety). FISCAL IMPACT There is no fiscal impact associated with this item. Carlos Rojas Chief of Police Santa Ana Police Department Sonia R. Carvalho City Attorney Vince Fregoso, A4P Interim ExeCUtiVdUF06t0r Planning & Building Agency 29A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE; APRIL 21, 2015 TITLE; RESOLUTION SUPPORTING DEVELOPERS' SUBMITTAL OF AN APPLICATION FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM, AND IF AWARDED, AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH DEVELOPER UTILIZING THE GRANT FUNDS (STRATEGIC PLAN NO. 5, 3; 6) s; CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ,0 r ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 "Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution supporting Grange Housing Development Corporation and C &C Development Corporation Co., LLC submittal of a funding application for the Affordable Housing and Sustainable Communities Grant Program in the amount not to exceed $3,926,000 for the Depot at Santiago Project, and If awarded, authorizing the City of Santa Ana to enter into a contract with the Developers utilizing grant funds to construct the transportation related infrastructure for the Depot at Santiago Project, subject to non- substantive changes approved by the City Manager and City Attorney. -_. i_ On January 26, 2015, the Department of Housing and Community Development (HOD) announced availability of approximately $120 million In funding for the Affordable Housing and Sustainable Communities Program (AHSC), also known as the Cap & Trade Program, The AHSC Program funds are offered through the Notice of Funding Availability (NiOFA) application that provides funding for projects that reduce GHG emissions by supporting more compact, infill development patterns, encouraging active transportation and transit usage, and protecting agricultural land from sprawl development. Funding for the AHSC Program Is provided from the Greenhouse Gas Reduction Fund, an account established to receive Cap- and -Trade auction proceeds. The Orange Housing Development Corporation and C &C Development (Developer,$) successfully submitted a concept proposal in February 2015 and was invited to submit a full application by April 20, 2015. The Depot at Santiago project will develop a mixed -use, multi- family, new construction affordable housing community consisting of 70 residential units, approximately 9, 317 square feet of ground 55A -1 Resolution —AHSC Program April 21, 2015 Page 2 level commercial space and a community center on 1.47 acres. The development's Transportation Related Infrastructure Project comprised of crossing treatments at the intersections of Santa Ana Boulevard /Lady Street and Santa Ana Boulevard /Garfield Street to increase the visibility of pedestrians at the intersection, decrease the crossing distance for pedestrians, and notify motorists of the presence of pedestrians crossing, The Transportation Related Infrasturture Project and location is part of the Downtown Transit Zone Complete Streets Plan. The project proposal is consistent with the goals set forth in the Southern California Association of Government's (SCAG) 2012 -2035 Regional Transportation Plan /Sustainable Communities Strategy (RTP /SCS), which places great importance on sustainable and smart growth, as well as the interconnectivity of land use and transportation planning. The Depot at Santiago Housing Project was previously approved by City Council on June 17, 2014 with approval for Site Plan Review No. 2014 -01 and Tentative Parcel Map No. 2014 -01, In May 2013, the City Council approved a loan agreement for the Depot at Santiago Housing Project with affordable housing restrictions in place for fifty -five years. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective ##6 (Focus projects and programs on improving the health and wellness of all residents), FISCAL IMPACT There is no fiscal impact associated with this action, K 1y Ree r. Executive Director Community Development Agency KR /NV Exhibit; 1. Resolution 55A -2 ROH — 04/21 /15 RESOLUTION NO, 2015 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING DEVELOPERS' SUBMITTAL OF AN APPLICATION FOR FUNDING UNDER THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM, AND, IF AWARDED, AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH DEVELOPERS UTILIZING THE GRANT FUNDS TO CONSTRUCT THE TRANSPORTATION RELATED INFRASTRUCTURE FOR THE DEPOT AT SANTIAGO PROJECT 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 Strategic Growth Council's ( "SGC ") Affordable Housing and Sustainable Communities ( "AHSC ") Program funds land -use, housing, transportation, and land preservation projects to support infill and compact development that reduces greenhouse gas ( "GHG ") emissions. These projects facilitate the reduction of the emissions of GHG's by improving mobility options and increasing infill development, which decrease vehicle miles traveled and associated greenhouse gas and other emissions, and by reducing land conversion, which would result in emissions of greenhouse gases. B. On January 26, 2015, the Department of Housing and Community Development ( "HCD ") announced availability of approximately $120 million in funding for the AHSC Program, also known as the Cap & Trade Program. C. The State of California, SGC, and HCD issued a Notice of Funding Availability ( "NOFA ") dated January 30, 2015, and amended as of March 19, 2015, under the AHSC Program, established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200. Funding for the AHSC Program is provided from the Greenhouse Gas Reduction Fund, an account established to receive Cap- and -Trade auction proceeds. D. SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. FICD is authorized to administer the approved funding allocations of the AHSC Program. Resolution No. 2015 -xxx EXHIBIT 1 Page 1 of 55A -3 E. The City of Santa Ana wishes to support Orange Housing Development Corporation and C &C Development Co., LLC's ( "Developers ") application to receive an allocation of $3,925,000 in grant and loan funds through the AHSC Program as joint applicants of the Depot at Santiago project, a mixed -use, multi - family, new construction affordable housing development. F. The City of Santa Ana provided the Developer with a residual receipts loan in the amount of $3,000,000 in support of the development. Section 2. The City Manager, or his designee, is authorized and empowered to execute in the name of the City of Santa Ana all necessary applications, contracts, payment requests, agreements, amendments or any other documents related to, and in furtherance of, the Developers' application for the purposes of securing funds and to carry out the purposes specified in the AHSC application and agreement. Section 3. If the application for funding is approved, and the Developers are awarded grant funds for Transportation Related Infrastructure, the City of Santa Ana will enter into a contract with the Developers to utilize those AHSC grant funds in an amount up to $400,000 to develop the Transportation Related Infrastructure component of the project, which involves the installation of crossing treatments at the Lacy Street and Garfield Street intersections of Santa Ana Boulevard to increase the visibility of, and decrease the crossing distance for, pedestrians and to notify motorists of the presence of pedestrians crossing. Section 4. 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 April, 2015. AS TO FORM: Sonia City � Ryan C Assista Miguel A. Pulido Mayor 55A -4 Resolution No. 2015 -xxx Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D, HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2015- to be the original resolution adopted by the City Council of the City of Santa Ana on April , 2015. Date: Clerk of Council City of Santa Ana 55A -5 Resolution No. 2015 -xxx Pege 3 of 3 'P�PM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2015 TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF TWO PORTABLE CLASSROOMS AT CENTENNIAL PARK FROM RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT (STRATEGIC PLAN GOAL NO. 1, 5) CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED HAs Recommended i] As Amended El Ordinance on 1" Reading 0 Ordinance on 2n° Reading 0 Implementing Resolution ® Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution accepting the donation of two portable classrooms at Centennial Park from the Rancho Santiago Community College District for regional law enforcement and fire service training use. • The Rancho Santiago Community College District ( RSCCD) is willing to donate two portable classrooms currently located at the Centennial Park Training Facility. The City has enjoyed the use of these facilities for several years and appreciates the partnership we have shared with the District, RSCCD has valued each of the portable classrooms at $2,500 based on condition for auction. RSCCD will transfer the portable classrooms to the City In "as -is" condition with no liability or maintenance being assumed by the District following the transfer. The portable are in good condition, with the exception of the roofs, which will cost approximately $33,000 to replace. See attached photos (Attachment 1), STRATEGIC PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Goal # 1 Community Safety, Objective #a, (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana), 55B -1 Resolution Accepting Portable Classrooms from RSCCD April 21, 2015 Page 2 FISCAL IMPACT There is no fiscal Impact associated with this action. Carlos Rojas Chief of Police Santa Ana Police Department 55B -2 n�p 11 ,may ry y i 55B -4 LAR/4 /21 /15 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF TWO PORTABLE CLASSROOMS AT CENTENNIAL PARK FROM RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT 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. WHEREAS, the City of Santa Ana and Rancho Santiago Community College District have had a long- standing relationship and joint use of educational training facilities at Cenntennial Park in the City of Santa Ana including the use of two portable classrooms for Santa Ana Police Department and fire services training classes; B. WHEREAS, Rancho Santiago Community College District no longer has a need for two portable classrooms locted at Centennial Park and the classrooms have an estimated value of $2,500 each; C. WHEREAS, the City of Santa Ana can continue to use the two portable classrooms for training classes and will not have to procure alternative space to conduct training courses or purchase portable buildings to maintain a training location at Centennial Park moving forward; Section 2. The City Council of the City of Santa Ana hereby accepts Rancho Santiago Community College District's donation of two portable classrooms at Centennial Park in "as -is" condition. Section 3. If any surcharge or fee, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Resolution No. 2015 -XXX Page 1 of 2 55B -5 Section 4. 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 April, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By &wyo" k. Laura A. Rossini, Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers 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. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Resolution No. 2015 -XXX Page 2 of 2 Clerk of the Council City of Santa Ana 55B -6 0 0- r CITY COUNCIL MEETING DATE, APRIL 219 2015 TITLE: PUBLIC HEARING — DEVELOPMENT AGREEMENT NO. 2016-01, SITE PLAN REVIEW NO. 2016-02 AND ADDENDUM TO MITIGATED NEGATIVE DECLARATION NO. 2011.46 FOR THE LEGADO AT THE MET RESIDENTIAL PROJECT AT 200 EAST FIRST AMERICAN WAY, LEGADO COMPANIES — APPLICANT (STRATEGIC PLAN NOS. 3, 5; 5, 3; 6, 4) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Development Agreement No. 2015-01, Adopt a resolution approving Site Plan Review No, 2015 -02 as conditioned. 3. Approve and adopt an addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46. PLANNING COMMISSION ACTION At its regular meeting on March 23, 2015, by a vote of 6;0 (pacerra absent), the Planning Commission held a public hearing and recommended that the City Council direct the City Manager to authorize the assignment and amendment of Development Agreement No. 2012 -01 (DA No. 2015 -01) to Legado at The Met; LLC with such non - substantive changes as may be approved by the City Manager and City Attorney; adopt a resolution approving Site Plan Review No. 2015 -02 as conditioned; and approve and adopt an addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46, The Planning Commission made no changes to the terms of the agreement as outlined in the attached staff report (Exhibit A), Legado Companies is requesting approval to amend an existing development agreement and site plan review to allow the construction of a 284 -unit multi- family apartment community consisting of six five -story buildings over a podium parking garage on a 3,1 -core site at 200 East First American Way, Further, pursuant to the California Environmental (duality Act (GEOA), an addendum was 75A -1 Public Hearing — Legado at the Met DA No. 2015 -01, SPR Na, 2015 -02 & Mitigated Negative Declaration Addendum April 21, 2015 Page 2 prepared to address any potential environmental impacts as a result of minor changes to the previously approved Mitigated Negative Declaration (IS /MND) adopted in 2012. The scope of design modifications would not result in any new impacts that are not already covered in the IS /MNIO. Full sized site plans are available for public viewing in the Clerk of the Council Office, §I88I9Ql9 ELAN A61GNMENI Approval of this Item supports the City's efforts to meet Goal No, 3 Economic Development, Objective No. 5 (leverage private investment that results in tax base expansion and Job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No, 5 Community Health, Livability, Engagement &r Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No, 4 (support neighborhood vitality and livability), FISCAL IMPACT There is no fiscal impact associated with this action. -- Vino. Fregcs , AICP ector Interim Execute e- Dir Planning & Building Agency VF: kg VMreparWDA%01 ZPR16Q hegadoAkTheMotaa Exhibits; A. Planning Commission Staff Report 75A -2 REQUEST FUR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 23, 2015 TITLE: PUBLIC HEARING — FILED BY LEGADO COMPANIES TO AMEND AND ASSIGN DEVELOPMENT AGREEMENT NO. 2012-01 (DA NO. 2015-01), SITE PLAN REVIEW NO. 2015.02 AND ADDENDUM TO MITIGATED NEGATIVE DECLARATION NO. 2011 -46 FOR THE LEGADO AT THE MET RESIDENTIAL PROJECT AT 200 EAST FIRST AMERICAN WAY (STRATEGIC PLAN NOS. 3, 5; 5, 3; 5, 4) Prepared by Verny Carvajal Interim Exec ive ' ector Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED 0 As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED 0 Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting Planning Hager Direct the City Manager to authorize the assignment and amendment of Development Agreement No. 2012 -01 (DA No. 2015 -01) to Legado at The Met, LLC, development entity for Legado Companies, with such non - substantive changes as may be approved by the City Manager and City Attorney. 2. Adopt a resolution approving Site Plan Review No. 2015 -02 as conditioned. 3. Approve and adopt an addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46. Request of the Applicant Legado Companies is requesting approval of an amendment to an existing development agreement and site plan review to allow the construction of a 284 -unit multi - family residential project at 200 East First American Way. Specifically, the applicant is requesting approval of a change in ownership for the development project previously known as The Met and site plan review approval to reconfigure the previously approved development plan. Project Location and Site Description The project site lies within the boundaries of Specific Development No. 43 (SD -43), also known as the MacArthur Place District Center, a master planned, 62 -acre mixed -use project located on the north side of MacArthur Boulevard between Main Street and the Newport -Costa Mesa (SR -55) Freeway. EXHIBIT A 75A -3 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 2 The site is a vacant, 3.1 -acre rectangular shaped parcel situated at the northeast comer of MacArthur Boulevard and MacArthur Place. Most of the properties in the MacArthur Place District Center have been fully developed with a mix of office, retail, residential and hotel uses. The MacArthur Place District Center contains the headquarters of First American Title, a DoubleTree Hotel, Class A office towers, the Pinnacle Apartments and Vantage Townhomes, and a small commercial development along MacArthur Crescent. Surrounding land uses include office buildings to the north, The Skyline by Essex residential towers, Hutton Center retail and office development to the south, a parking structure to the east for First American Title Company, and the Pinnacle Apartments, a mixed use retail /residential project to the west (Exhibits 1 and 2). Figure 1: MacArthur Place District Center (SD -43) Proiect Description The proposed project is a 284 -unit multi- family development consisting of six five -story buildings over a podium parking garage on the entire 3.1 -acre site. The applicant proposes to operate the entire project as an apartment community with all units available for rent. The proposed development will include 630 parking stalls and provide a total of 72,830 square feet of recreation and open space areas. Primary access to the proposed project's parking garage will be shared with the existing parking structure to the east. The project's access and egress from the shared driveway will be controlled by a right -in, right -out movement from First American Way. Due to the complex nature of the project, a detailed description of each project component is summarized in the following subsections (Exhibits 3 through 11). 75A -4 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 3 Unit Mix — The project is proposed to consist of a combination of studio, one, two and three - bedroom units. The units will range In size from 580 square feet for the smallest studio unit to 1,400 square feet for a three - bedroom unit. The Met's proposed unit mix is comprised of approximately 50 percent studio and one - bedroom units, and 50 percent two and three - bedroom units with an average unit size of 879 square foot per unit (Exhibits 12 and 13). Table 1 provides a breakdown of the unit mix within the project. Table I. Unit Summary The Met Unit Summary Unit Type Units Proposed Percent of total Square Footage Studio 14 5% 580 One - Bedroom 129 45% 688 -754 2 bedroom 136 48% 850 -1;266 3 bedroom 5 2% 1,400 Total 284 100% 580 -1,400 Parking — Parking for the project is proposed to be provided within a parking structure, which will consist of one level above grade and two levels below with some variation in the amount of structure exposed above grade clue to differences in site elevation. The overall parking ratio was calculated at 2.22 spaces per unit for a total of 630 spaces. The applicant proposes to provide this parking in a combination of standard single -car stalls and tandem stalls. A total of 41 percent of parking provided will comprise of assigned tandem parking stalls. The Met Proposed Parking Summary A artment unit parking_ 2.0 spaces/unit 568 spaces Guest parking 0.2 spaces/unit 57 spaces Total Parking Required 2.2 s aces /unit 625 Additional Guest parking _ 5 spaces Total Parking Provided 2.22 spaces/unit 630 spaces Proposed Parking Stall Type Standard single -car parking _ 370 spaces (59% Tandem _parking_ 260 spaces 41 %) 75A -5 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 4 Architecture — The architectural character of the building is contemporary and utilizes a "perimeter block" typology where buildings generally face interior courtyard areas. The buildings will feature multiple colors, stucco, cement board, aluminum storefront systems, metal railings, varied skyline massing components and different parapet heights on all facades, with specific emphasis on street - facing elevations. In addition, residential units will be grouped along building facades between stairwells that establish smaller building clusters as part of the overall building design (Exhibits 14 and 15). Amenities — The project will contain both exterior and interior amenities. Exterior amenities include a water wall feature at the intersection of Macarthur Place and Macarthur Boulevard, and additional water elements at First American Way and Macarthur Place. The podium level will contain additional amenities including a passive courtyard that complements an active pool court, two rooftop garden decks, a community room and fitness center. Interior amenities within the common areas Will include granite counter tops, hardwood flooring and gas fireplaces. Residential units will feature granite (or equivalent) countertops, hardwood flooring, tiled bathroom and shower stalls, stain grade cabinetry, appliances and washer -dryer units (Exhibits 16 through 19). Open Space — The project will contain 72,830 square feet of open space, including 22,402 square feet of private open space in the form of a private balcony or deck area space with an average of 256 square feet of open space per unit. An additional 50,428 square feet of common open space will be distributed within the overlook terrace at Level No. 1, raised podium pool deck on Level 2, and two roof decks on Level 5. Moreover, each unit will contain private open space in the form of a deck or patio, Landscaping— The project proposes to provide a 30 -foot setback along MacArthur Boulevard featuring a combination of landscape berms and decorative hardscape areas and 15 feet along MacArthur Place and First American Way. The project interior also includes landscaping within the courtyard areas. The 0.8 -acre portion of the development located at the northeast corner of the site will be incorporated into the project development and will feature additional landscaping along the project's shared point of access (Exhibit 20), Protect Background The proposed development site is part of the larger MacArthur Place District Center master plan, a mixed use development plan that was approved by the City Council via a Specific Development (SD- 43) on January 4, 1988, In 2005, the Geneva Commons Development was approved on the subject site to allow an eight -story and 18 -story tower with 278 residential condominium units. Although the project was entitled, permits were never obtained for its construction due to changes in market conditions. 75A -6 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 5 In January and February 2012, the Planning Commission held public hearings on a proposed 284 - unit multi - family residential condominium project proposed by Vineyard Development. At these meetings, the Planning Commission expressed concerns with the unit mix, percentage of tandem parking spaces, parking management, future plans for the vacant parcel and the level of amenities for the proposed project. At the conclusion of the February meeting, the Commission voted 3:3 on the proposed project. Pursuant the Planning Commission's bylaws, the applicant requested that the project be denied by the Commission and be forwarded to the City Council for their decision. Prior to the City Council meeting for the project, the applicant requested a continuance to address concerns raised by the Planning Commission. Asa result, the applicant agreed to amend the project to reduce the total unit count from 284 to 278 units, increase the number of two and three- bedroom units, increase the average unit size from 855 to 915 square feet, reduce the amount of tandem parking spaces from 344 to 257, and increase the total open space from 58,150 square feet to 70,976 square feet (255 square feet per unit). On March 19, 2012, the City Council approved a modified project with the following attributes: 278 residential units in five -story buildings • 51 % one - bedroom units • 49 % two and three - bedroom units • Average unit size of 915 square feet • A minimum of 255 square feet of open space per unit 42% tandem parking • Contemporary architectural style with exterior finishes to include stucco, fiber cement panels, wood laminate panels, ceramic tile, metal awnings and rails, and aluminum windows 2.22 parking spaces per unit * 10 -year term for Development Agreement • Park In -Lieu fee • Public Art requirement • Inclusionary Housing fee Subdivision for condominium purposes • An area equal to 0.8 acres of land, instead of 0.6 acres, for future development of a residential tower. In 2014, the property was acquired by the Legado Companies, which is proposing to construct the 284 -unit apartment development on the full 3.1 -acre project site that is the subject of this application. 75A -7 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 6 The General Plan land use designation for the site is District Center (DC), which allows for major development projects such as the proposed multi - family residential development. District Centers are designed to serve as anchors to the City's commercial corridors and to accommodate major development activity. The project site is consistent with this General Plan land use designation. The zoning for the site is MacArthur Place District CenterlSpecific Development No. 43 (SD -43). This zone allows for a mix of uses including residential, office, restaurant, retail, and hospitality land uses. Previous amendments to SD -43 have resulted in an increase in the total number of units permitted within the zone and allowance for tandem parking while also reducing the amount of open space required per unit and the overall parking ratio for the project. The proposed project is consistent with this designation as well as the design and development standards for the site. Project Analysis Development Agreement Amend ment/Assignment Following the City Council's approval of the project in 2012, the City authorized the assignment and amendment of Development Agreement No. 2012 -01 for The Met development project to First Rock Santa Ana, LLC, the development entity for Genesis Real Estate Group, subject to the finalization of the sale of the subject property to First Rock. No other changes to the original development agreement were made. Although the assignment and amendment was completed, First Rock never submitted a development proposal and the property was subsequently acquired by Legado Companies. Legado now proposes to establish a new development agreement which would serve to replace the 2012 agreement. Development Agreement No. 2015 -01 will recognize Legado Companies as the primary developer and owner of the property and include revisions related to the project description, the removal of the provision requiring a subdivision map and Covenants, Conditions and Restrictions (CC &R's), and compliance with the City's Housing Opportunity Ordinance (HOO). All other elements of the development agreement will remain (Exhibit 21). The development agreement is a legal contract between the developer and the City that defines the terms and nature of development proposed for the project site. This agreement establishes development intensity, permitted uses and standards for the term of the agreement. In exchange for the City vesting the proposed project, the development agreement requires certain improvements and public benefits. The primary components of the agreement include: 1. Ten Year Term: The right to build out the project as entitled for a period of ten (10) years, with one two -year extension. 75A -8 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 7 2. Public Art: Committing one -half of one percent (0.5 %) of the value of the project, as determined by standard building permit valuation, for the installation on the site, at a prime location visible to the public, of permanent work(s) of public art. The work(s) of public art shall be in place no later than the first certificate of occupancy for the project and shall be maintained in perpetuity by the property owner(s). In the event the project is not constructed, the developer shall donate an amount equal to the one -half of one percent (0.5 %) public art commitment to the City for acquisition and installation of public art at a City designated location no later than the end of the term of the agreement. 1 Park In -Lieu Fee: Paying the City a fee of $35.50 per square foot for parkland dedication in lieu of the dedication of parkland as required in the City's Subdivision Ordinance (Section 34 -204 et seq. of the Santa Ana Municipal Code). Additionally, the fee may be increased yearly by the average rate of increase in land costs in the City of Santa Ana, as that increase is established by an independent trade publication or source specified in the Agreement. The fee shall be paid prior to issuance of a building permit. Based on the development proposed, this is expected to amount to a fee of approximately $2.1 million. 4. Inclusionant Housing Fee: The proposed project is subject to the requirements of the Housing Opportunity Ordinance (HOO), which contains incluslonary unit requirements for projects that consist of the construction of five or more dwelling units (SAMC Sections 41- 1900 et al.). Site Plan Review Section 41- 593.5(c) of the Santa Ana Municipal Code requires review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the plan's development standards. As previously discussed, the proposed project lies within the MacArthur Place District Center /Specific Development (SD -43). In 2012, various amendments to Specific Development No. 43 (ZOA No. 2012 -01) resulted in changes to the maximum number of permitted units, reduction in the parking requirements for multi - family dwellings from 2.26 to 2.22 spaces per unit, and .allowance for tandem parking. These changes to the SD -43 zoning district resulted from the previous development project filed by Vineyards Development Corporation. Legado Companies proposes to proceed with a project of similar scale and overall appearance as originally contemplated by Vineyards Development with a few exceptions. Most notably, previous approvals resulted in an unimproved 0.8 -acre remnant property at the northeast corner of the property bed set aside for future high -rise development. In addition, the applicant is requesting changes to the overall site plan layout, proposed number of dwelling units and removal of the provision requiring a subdivision map. 75A -9 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 8 The project remains a multi - family development which is now proposed over the entire 3.1 -acre site. In order to adequately evaluate the proposed project, a comparison of the proposed project with the previously approved project in 2012 has been prepared. Conditions of approval related to specific project features such as architecture, landscaping, amenities, public improvements and building materials have been retained to ensure that the project remains consistent with the level of quality contemplated and approved by the City Council. The proposed project by Legado Companies will maintain consistency with past entitlements and will develop the project site in a single phase. In addition, the applicant has evaluated the economic feasibility of a mid to high rise tower on the site originally intended for future development. The applicant's studies concluded that, based on present market conditions, this type of building is not feasible. Table 3 below provides a comparison of the project's elements with the previously approved project. Table 3-- Project Comparison Table Project Comparison Table Developer Vineyard Development (2012) Legado at the Met (2015) Development Area 2.3 acres (.8 acres vacant) 3.1 acres Number of Buildings 3 6 Stories /Height 55 feet, 5 stories a® 55 feet, 5 stories Average Unit Size 1915 879 1- Bedroom /Studio Units 142(51%) 143 (50 %) 2 /3- Bedroom Units 136(49%) 141 (50 %) Total Units 278 284 Parking Required 2.22 /unit 2.22 /unit Tandem Parking 257(42%) 260(41%) Total Parkin 625 spaces 630 spaces Total Open Space 70,976 72,830 Open Space per Unit 255 square feet 256 square feet 75A -10 Development Agreement No. 2015 -01 Site Plan Review No, 2015 -02 March 23, 2015 Page 9 Based on the analysis, and as conditioned, the Legado at The Met will remain consistent with Specific Development No. 43 and complies with the established number of units and all applicable development standards as amended in 2012. Although the current proposal involves the development of a previously vacant 0.8 -acre portion of the site originally slated for future development, the project's density, height, and overall quality remains in keeping with previous entitlements. Legado at The Met will serve to strengthen MacArthur Place as a major development area by incorporating the same level of quality architectural and urban design, materials and rich array of amenities when compared to the previous project originally entitled in 2012. The project also improves existing pedestrian connections and urban design within MacArthur Place; the facade along MacArthur is a significant improvement over the three -level parking garage proposed as part of the Geneva Commons project, and the generously - scaled public plaza as part of the Met's main corner on MacArthur will help form pedestrian connections to link the north and south sides of MacArthur Place. Public Notification and Outreach The project site is located adjacent to the boundaries of the Sandpolnte Neighborhood Association. The president of the Neighborhood Association was notified by phone and mail 10 days prior to this public hearing. Further, the site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site, as well as entities listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from the neighborhood presidents or any members of the public. Airport Land Use Commission Review In accordance with State law, the zoning ordinance amendment and the project's close proximity to John Wayne Airport requires the project to be submitted to the Airport Land Use Commission (ALUC) for a determination of consistency with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. In order to ensure compliance with this mandate, the City was provided with electronic correspondence dated November 11, 2014 which stated that the project was found to remain consistent by the ALUC as a result of previous entitlements. CEQA Analysis A Mitigated Negative Declaration (MND) was prepared for The Met development and was adopted in March 2012, which analyzed a 284 -unit multi - family apartment complex on the 3.1 acre site. A 0.8- acre portion of the site located on the northeast corner was identified to remain undeveloped and vacant. As part of the revised project the inclusion of the 0.8 -acre area warranted a review of the 75A -11 Development Agreement No. 2015 -01 Site Plan Review No. 2015 -02 March 23, 2015 Page 10 previous environmental documentation prepared for the project site. Based on the Environmental Checklist and supporting environmental analysis, the changes to the project would not result in any new significant impacts that were not previously addressed in The Met IS /MND. The scope of design modifications would not result in any new impacts that are not already covered in the IS /MND. Staff recommends the approval and adoption of the addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46 (Exhibit 22). Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 5 (leverage private investment that results in tax base expansion and job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No. 4 (support neighborhood vitality and livability). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve the amendment to Development Agreement No. 2012- 01 (DA No. 2015 -01) and Site Plan Review No. 2015 -02 as conditioned. Vern Carvajal Acting Planning Manager VC.jm v6eports=15- 0 1.SPR1"2 LegadeAtTheMetpc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibits 4 -11 — Building Plans Exhibits 12 -13 — Unit Plans Exhibits 14 -15 — Elevations Exhibits 16 -19 — Podium /Plaza Plans Exhibit 20 — Landscape Plan Exhibit 21 — Development Agreement Exhibit 22 — Mitigated Negative Declaration Addendum 75A -12 1 {W Mt iii All Ml -F— M Ml - -132111 l 50&3 r SD -12 �. C2 M1 MIT !' rs: nr I f. DYER AD. _ II _II 11 �$ ' 11 Ml C II L_, ^il -il NCR Mi M7 MI M2 P � I I g CR Mt M1 g S ttti g, �aR;. uaaucrc,.. s p `D-43 u € SD -43 JR1 R7 . R7 R7 5D h At cs SD 43 PROJECf5t1E — — — — MAC AR NUR BL vl AD SD- 76 — -�. �'✓ 5D -7G\ .. 1 Rtl. —. I Ri, D SD -76 nl.nnu � SD -76 � C nl Rl .0.1 qRl ylq C i f y of T u s t i n n a xt � R1 u nt R R7 M1 Es- � GUNFLOWER AV. cz AT GENERAL AGRICULTURALt OR COMMERCIAI. RESIDENTIAL Rt SINGLE FAMILY RESIDENTIAL •B PARKING MODIFICATION GC GOVERNMENT CATER RY TWO FAMILY RESIDENCE C•SM COMMERCIAL SOUTH MAIN MI LIG NDUSTRIAL AS MULTIPLE DENSIP /MULTIPLE CI COMMUNITYCOMMERCIAL M3 HEAVYINDUSTIUAL FAMILYRERDENCE CWO COMM. COMMERCIAVMUSfUM DOT T O MO MdLNARYOPERATItMIS AT SUBURBAN APARTMENTS CS GENERAL COMMERCIAL 0 OPEN SPACE RE RESIDENTIALESTATE C3 CENTRAL BUSINESS P PROFESSIONAL SD SPEOFICDEVELOPMENT C3-A CIiN'fRAI. BUSINESS-ARTISTVILLAGE PCD PLANNED COMMUNRY DEVELOPMENT SP SPECIPICPLAN Ch PLANNEDSHOPPINGCENTER PAD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIALCOMA IAL DA 2015 -01 /SPR 2015 -02 LEGADO ATTHE MET __ G =SOOFEET 1'= 1000FEET 200 EAST FIRST AMERICAN WAY P L A N N I N G A N D B U I L D 1 N G A G_ E N_ C Y EXHIBIT 1 75A -13 I N D U S T R I A L O MOU.LIAI O A INDUSTBIAL ¢ INDUSTRIAL d I N DU 5 Tn I AL COLUMBINE AV. OPfICE z R E 5 1 0 E N T I A L Lj 9FFICE DDRUStlLE PRlOJJECf Ii01'EL SITE MAC ARTHUR BLVD. NOiEI ri� CtiMMERCAL NI RESIDENTIAL OFFICE C 4 W 6 `L 0 INDUSTRIAL PARKING 2LEVEL PARKING STgpCflig1" // l� 1 N D U 5 T N 1 A L ISI INDUSTRIAL AMERICAN / N4 yhA � 5ia DA 2015 -01 /SPR 2015 -02 LEGADO ATTHE META 200 EAST FIRST AMERICAN WAY P L A N N I N G A N 0 B U I L D I N G A G E N C P EXHIBIT 2 75A -14 i r, I i I- { " qW G Q U . . LL F 9. 2 a y I I i 1 I 1 s �3 vx R A 0 yym�ya `VI �N Eli 5 n': EXHIBIT S 75A -15 E ( a EXHIBIT 75A.16 �} / %} \y }, fl \\ 22\ \,m 7�6 \ G= L k Q c� w a �8 LL a I 2 e nv (j V 4 (emu •� Y h Z m, I I ?�da OgUr S i i /(Jwf/LA �' G!SG� 4CPIGiS'.vh M �- 3.✓b°Y� r � I rem, I]II �r I N7 EXHIBITT 5 0 75A -17 FM1F 1 N. T —' 1 S t �8 2 b J g s ,u J e B h� I E Q♦ of o f,i G� Y �'�1r1 � 1 � � 1 (l ►� � � � 1 l � 1 1�1 �I I I I � N7 EXHIBITT 5 0 75A -17 FM1F 1 N. T —' 1 S t �8 2 b J g s ,u J e B h� I E Q♦ of o f,i G� 91 EXHIBIT 6 75A-1 8 2 , I I z 21 O�i- yW Rw 5' EXHIBIT 7 nn Ire 75A -19 0a, ADM 07 4 75A-20 t Iml.' I 75A-21 _/\ oi U EXHIBIT 10 75A-22 11 W ti 97 81 0a pi \ � N! EXHIBIT 11 75A-23 L z /V N �Lal OM 0, ---------- ---- 11--4-44 --- 4-- my IF \/ \ \ \ � � � |' � \ \ 14i IS, 13 7m, \ � N! EXHIBIT 11 75A-23 L z /V N �Lal OM 0, 75A-24 Yj z m � j LU I| \\ \\ 75A-25 z ul ZH oz LLI �l \ j / ( ( § 75AVOITk ( § ! ( X *& x 2 ! «., r + 9± yƒ /}\ 9 \` yy /«� � R Y 3 a W a U zz 2 EXHIBIT 16 ■ LL a c 0 I l„ d d °z g a��$cc«YYYY u � m ANN O JN �d U Q !L W U Q 2 d W QJO 4 D gU 2 a ui 'L O ¢ Tom ro R rc 4u L Ing! Hp L �L- lid / 1 70 --- EXHIBIT 98 §�\ ) \\ / EXHIBIT # 75A-31 F R! \ � ! � . � \ \ �{ � Q z}} d a W R H fll a 1 �1 aovid ani- L,I.UvOVA EXHIBIT 20 75A -32 Q 4" aE23 91.1{ i, JAN i M> Pill, AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VDG LEGADO AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY This AMENDED DEVELOPMENT AGREEMENT ( "Agreement ") is entered into between THE CITY OF SANTA ANA; a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California (referred to herein as "City ") on the one hand, and VW LEGADO AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (referred to herein as "Owner" or "property Owner") on the other hand. I. RECITALS. The Amended Agreement is entered into with reference to the following facts: I.1 Purpose. (1) The purpose of this Agreement is to facilitate the development of a small portion of the real property which was the subject of a Development Agreement entered into on January 4, 1988 and recorded as Document 88- 260709 in the Office of the Recorder of the Cormtyof Orange (the "Original Agreement"). The Original Agreement was subsequently amended on or about June 4, 2001, by Document No. 20010429519 the Office of the Recorder of the County of Orange. The real property which was the subject of the Original Agreement is zoned by the City as Specific Zoning District No. 43 ( "SD -43 "). On April 4, 2005, the City entered into a Development Agreement (the "2005 Agreement ") with Coastal Rim Properties, Inc. and Geneva Commons, LLC (collectively referred to herein as "Coastal Rim "). Ordinance No. NS- 2831. On September 3, 2013. the City tentatively approved a Second Rock, However, the Droperty was never sold to First Rock, but rather was purchased by Owner. (2) A portion of the real property covered by the Original Agreement was subsequently acquired by Coastal Rim, who applied to the City to amend SD -43 and approve a new tentative map, and other entitlements. (3) The City and Owner agree that the changes Owner seeks in the 2V0& 2012 Agreement substantiate the need to amend the Original Agreement with the instant Agreement, rendering the Original Agreement, and -the 2005 Agreement, the 2012 Agreement and any amendments thereto, null and void as applied to Owner's Property (as the word "Property" is defined in Section 2.3 herein). (4) As more particularly set forth in Section 2.4 of this Agreement, Owner has proposed developing the northeast confer of MacArthur Boulevard and lraperial Pfoxaenade MacArthur Place with a 5 -story; multi- family apartment community consisting of 24 284 residential units, with 2 levels of subterranean parking, and 'a level of podium deck parking in 2 6 separate buildings (the "Project", as fw ther defined in Section 2.4 herein). EXHIBIT 21 75A1 -33 L2 Code Authorization. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into Development Agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Owner in the development process. City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies, The parties acknowledge: (1) This Agreement is intended to assure adequate public facilities at the time of development. (Z) This Agreement is intended to assure development in accordance with City's General Plan, applicable Specific Plans and Specific Development District No. 43. (3) This Agreement will permit achievement of goals and objectives as reflected in Government Code Sections 65864 through 65869.5, the City's General Plan, all applicable Specific Plans and Specific Development District No. 43. (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. (5) This Agreement will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. 1.3 Owner. Owner represents and warrants that it bras a legal or equitable interest in the real property' located in City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein. The Property is currently vacant. 1.4 Interest of Owner. Owner hereby represents that it has an equitable and legal interest in the Property, Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.5 Planning Comntissamr - Coiiticll Ileacfngs, Lin Pdeveier�L?999 tlxe lrlattri3rng- CoMnrissiotro' �'rrg- Ue3suarissior " , r gtng tine prrsuan# to 3Elsieirrl3eai -ccic °- c' o' ctm" rsv{ �nzo- anfl- 61} eld.- a- ptkliliEl1G4417.tY- fSBtlr1<-1@r cc.icstul DcYrr""r's app}icatiosrfar lle?9(1 C A tgraernefllt. T-ji lantiin9 "s; _ o ende& -City Cetieeil- a€Cn}rr,,- �h;�- ik- e�;c -i-i1 �q� zb- �� °���- rhpril -4; X08-5; the- City -C��ho C t} �fSanta 'a e�iaer ° , ovvtdr rg r p c° aTregtiireel key taw, hold a F„rxkriie-laearing -to eorns i+f er- Ceastal- P�irm- '.riper' isat- ir}irffx� lie-= 2983- Agtt�etnt��}-ri elrthe- CoLrnsil- a}?1yr- ove�by 75 A?34 :,, ng® n. �n ,ie� rr c rytiQn n r , oy 7nn4 The Owner has submitted a new and modified site plan review package to the City amending the previously approved plan. On March 23.2015, the Planning Cormnission of the City, after duly giving notice pursuant to Goverrunent Code sections 65096 and 65091, held a public hearing to consider the Owner's application for this Agreement, 14haki =ne, the Plam4ig Cei mission- eenfi- mied4he On April-14,-4044, April 21; 2015, the Council, after providing notice as required by law, duly held a public hearing to consider the Owner's application for this Agreement. 1.6 Council Findings. The Council finds that this Agreement and its purposes are consistent with Government Code Sections 65864 through 65869.5, and with the objectives; policies, general land uses, and program specified in the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. Among other things, this Agreement will reduce uncertainty in planning for and securing the orderly development of the Property, assure progressive installation of necessary improvements, provide public services appropriate to each stage of development of the Property, ensure attaimnent of the maximum effective utilization of resources within the City at the least cost to its citizens, expand the availability of high-quality, affordable housing stack to the City's citizens, contribute to the economic stability and revitalization of the community, enhance the City's property tax revenues, and otherwise achieve the goals and purposes for which Government Code Sections 65864 through 65869.5 were enacted. 1.7 City Ordinance, On AV --1.6; 204-2 April 2,1„ 2015; the Council adopted Ordinance No. NS- approving this Amended Agreement. The ordinance becomes effective thirty (30) days thereafter. 2. DEFINITIONS. hi the Agreement, unless the context otherwise' requires: 2,1 "Final Design" means the final design documents for work of public art, which is set forth in greater detail in Section 5.8 of this Agreement. 21 "Property Owner" or "Owner" means collectively V-DG Legado at the Met, LLC, a California Limited Liability Company, and its successors or assigns who or which may acquire Owner's equitable and legal interest in the Property, being the person, persons, or entity having legal or equitable interest in the Property. 2.3 "Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.4 "Project" is the development of the Property as generally set forth in Section I.1(4) of this Agrecment, Environmental Review No. , Terrtetive Traet -Map Rio — CuntyMepl GonttitiortalJUseRer+xr "R:imse-e}e orritOrElinaraeAersdrnet7t PFo ;acn ^'� 43} and Site Plan Review No. 75A -35 2.5 "Public Art Plan" means the conceptual Plan attached hereto as Exhibit C. The parties recognize that the Plan does not set forth Certain elements of the Public Art to be installed in conjunction with this Project, including the location of the Public Art, and is therefore subject to refinement prior to the time of installation, by agreement of the Owner and the City's Executive Director of Planning and Building. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement and are identified as follows; Exhibit Referred to Desi nation Description in Section A. Property Legal Description 1.3 B Property Graphical Description (Site Plan) 1.3 C Public Art Plan 2.5 D Cooperative Agreement for Off -Site haprovements 5.1.1 E Remaining Offsite Mitigation Measures 5.1.2 4. GENERAL PROVISIONS. 4.1 Property Subject to the Agreement. Until released pursuant to the provisions of Section 8.3 below, no property shall be released from this Agreement until Property Owner has fully performed its obligations arising out of the Agreement. 4.2 Duration of Agreement. The term of this Agreement shall be for ten, (10) years from the date that the Council adopts its ordinance approving this Agreement ( "Effective Date "); provided, however that the Owner may request one two -year extension from the Executive Director of the ;Planning and Building Agency, which request shall not be unreasonably denied. 4- 3-- P� *ehlbi#iurlrrs# i�ssigtxtueca€- or-- �- r» casfer- aarl- Irleutlfy-- o €9�aarer= Qwau ==-a2;ca:,wie es-en"graos4lint -tl.0 El*a4fi6ativrsa rc -ilky of-t'a�ie-ant- V- ineyaar -& Devel- .et -.+" and- D€,, -e pe FkYan 9gulr ielc (e x�r of ineyartis Be la} rn ni of pelt -tiuulat- inrprrrtaaioe- atifl- sari: eexi-- tu�ity- 8wtitir•�trr- Hier- aelaiowkedges- ariFl- agrees -tlta« �" relieel -an is relyitrg on d e6ifie qia dli€tczttsns �d id�itit�e�tlic aPplisan�(ti�tneytxfls Develeptr }and Develep�er tt Ogulnislc ( wtte ef- Vaeyards t ment-}in- entering i.t, hi n t.,. , is but n _4 a mcrnirszrb^re° vividca- ui�d- i-- 'xc�dvi�caccziin- ran` v 'i�rc'v��'Ht8- tl33�ACgrweFn<�k] ,�'cztzcmcnsvp3Cm'r.c c}uali�zsatist�s; ieient�a�td- re�intatis{is�t= tke- �ptilieant ,c- �a�irc- Is- Bcvelepn�it) -argil Develepe Pan 9goli�ieIF (o is e r a dsDw el p it} wti r reprs. nks ctrl Wat3artts ta- Git°�aat- 9��rter- has- nt�t- ii}taafle- anxl-- agitc+s -that �7�wierwiA- remit- erc�te -f7i= pea- n�i4- to- ts�acle -ar 75A436 e. s 1T,'RSG�L7"lTlR1 lAS LT. .. :... i...�n..M.,ME...7 ..141= TI.+..- r....r this ARxectnent. the rights of OWIler Under this Agreement may not' be. transferred or assiLqied unless the written consent of the Council is first obtained and auy transfer or assigment of the rights of the Owner hereunder shall not be subject to assitnunent by attachment, execution or from the Coancit.:5ucli transfer or assimnent shall not relieve Owner of any duty, oblittation or liability to City without the consent of the City. During the term of this Agreement, any approved assiggice or transferee of the rights under this A - eement shall observe and perform all of the ditties and obligations of Owner contained in this 75W -37 43.1 Permitted Assignments. The prohibition against transfer of ownership of the Property as defined in section 4.3 above shall not apply to, and the City hereby consents to, the following: a. T''hepartiesz' ri` n°- rivpw°- cc`y`= ve=mm601:3/'0yC'lt i3 to-a'r'rericL�ities, criny '- "c'v"- ivaiu- .- [v- in.^ -aic' «n ,. e . eiress as eon de .nlop.. enter eaac' °° - Balled - .eh�estaus I I agagej of- E) norghily -mi4 eleveler : � ^ clot "T+ Jeo. n" n ^�ioa -set-fart hereittabove- x�- s®ctien .avt ,• '^7.. + a. ,.F '.i Fi"rtai' raaicrS-% °G vr. +mi'w °O'r� -: `:I':• �s 4 3 dies me si�tgl� �r s�� plskteat�t gds Revel ,` ^ , n ^.ktiek, have, an may °,. �ffihi , d- eeritFE& �FilCiya Bkvnr�- c�a- =cr�ar�a�gs� , v� ur�-crxay -vre , rn"e "un Associations, including limited Dartnershibs, limited liability companies, or joint ventures with other entities for the Durnose ofperforrning Owner's obligations under this Agreement, provided. Owner retains sole operational and managerial conhol. b. Easements or temporary pen-nits to facilitate development of the Property. c: Deeds of trust or other financing documents executed for the purpose of securing loans to Owner made to finance the development of the Property, and transfers to any person or entity pursuant to a foreclosure or deed in lieu of foreclosure of Stich deed of trust or other, Similar, financing documents and any subsequent transfer by any such person or entity. 4.4 Amendment or Cancellation of Agreement. This Agreement may be amended foal time to time or cancelled by the mutual consent of the parties, but only in the same manner as its adoption by ordinance as set forth in Government Code Section 65868, The term "Agreement„ or "Development Agreement" as used herein shall include any amendment properly approved and executed. 4.5 Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is enforceable by any party to the Agreement in any nianner provided by law. The City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Agreement. 4.6 Hold Harmless. Property Owner agrees to and shall hold City, its officers, agents, employees, consultants, special counsel, and representatives ( "City Parties ", 75A-"38 collectively) harmless fiom liability: (1) for darnages, 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 Property Owner or their contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the Project; and (2) from any claim that 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 Property Owner's negligent acts, omissions or willful misconduct in the performance of this Agrecm.ent, This 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 due by reason of the terns of, or effects, arising from this Agreen -tent or any approval or certification by the City relating to the Project, regardless of whether or not the City prepared, supplied or approved this Agreement, plans or specifications, or both, for the Project. The Property Owner further agrees to indenmrify, 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 any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of or effects arising from Property Owner's negligent acts, omissions or willful misconduct in the performance of this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 4.7 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.3 of this Agreement, the burdens of the Agreement bind, and the benefits of the Agreement inure; to the parties' successors in interest, transferees and assigns. 4.8 Relationship of the Parties. The contractual relationship between City and owner arising out of the Agreement is one of independent contractor and not agency or partnership. This Agreement does not create any third party beneficiary rights. 4.9 Notices. Any notice, tender, demand, delivery, or other, communication pursuant to this Agreement shall be in writing and shall be deerned to be properly given if delivered in person or trailed 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: If to City, to: and, City Manager City of Santa Ana 20 Civic Center Plaza M -31. P.O. Box 1988 Santa Ant, California 92702 telefacsimile (714) 647 -6954 75A -39 City Attorney City of Santa Ana 20 Civic Center Plaza M -29 P.O. Box 1988 Santa Ana, California 92702 telefacsirnile (714) 647 -6515 If to Owner, to: �en 91 W-4 Owner Address Contact telefacsimile A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address or facshnile number. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends federal, state, County, or city holidays shall be excluded. 5. DEVELOPMENT OIL THE PROPERTY. 5.1 Existing Rules, Regulations and Policies. In accordance with the terns of Government Code section 65866, the City and the Owner agree that the rules, regulations and official ,policies governing the permitted use(s) of the Property, with respect to and only with respect to the permitted use(s) zoning, design, setbacks, density, height, size of structures, permitted uses, and intensity of use of the Property (collectively, the "Existing Development. Regulations "), shall be those rules, regulations, and policies applicable to the Property as of the effective date of this Agreement. 5.'1.1 Cooperative Agreement for Off-Site Improvements. Coastal Rim and the City, together with other parties, executed a Cooperative Agreement for Off-Site Improvements concurrently with the Original Agreement, a true and correct copy of which is 75A-'40 attached hereto as Exhibit D and incorporated herein by this reference. Owner agrees to comply in all respects with its obligations under said Agreement, and agrees and acknowledges that a material breach of said agreement shall constitute a material breach of this Agreement. Despite anything to the contrary, Owner is not required to construct any off -site improvements other than as expressly required in this Agreement, in any environmental documentation related to this Project, or in any condition of approval in any discretionary action related to this Project. 5. 1.2 Remaining Olfsite Mitigation. Measures. The additional offsite mitigation measures, beyond those set forth in the agreement referenced in section 5.1.1 of this Agreement, which must be constructed by Owner are as set forth in Exhibit E to this Agreement. All funds or costs for offsite mitigation measures required pursuant to the approvals set forth in section 2.4 of this Agreement shall be pain the earlier of (1) the time called for in the said approvals, or (2) hdi steer -(3) issuance of certificates of occupancy, whichever comes first. 5.2 Exclusion from Existing Rules, Regulations and Policies. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, 208 Cal.Rptr. 228, 690 P.2d 701, City retains the right to enact police power regulations on matters not covered by section 5.1 of this Agreement, including without limitation: a. Regulation of the rate and amount of growth is not abrogated by the City, in that the parties agree and acknowledge that the City Hereby retains the police power to provide for change in regulations, ordinances, policies, and plans relating to moratoria, building permit allocations, timing, and sequencing of development and the financing and provision of adequate public facilities at the time of development. b. Municipal laws and regulations winch do not interfere with Owner's vested rights to develop and use the Property in accordance with section 5,1 of this Agreement. As used herein, "Existing Development Regulations" shall not include municipal laws and regulations that do not con$ict with Owner's vested rights to develop and use the Property in accordance with this Agreement. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non - conflicting taws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non- conflicting laws and regulations include the following: (1) Taxes, assessments, tees and charges, except as otherwise specifically provided in this Development Agreement, (2) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Anna Municipal. Code; (3) Laws, including zoning code provisions, which regulate the manner in which business activities maybe conducted or which prohibit any particular type of business activity on a city -wide basis; and 75A -41 (4) Procedural rules of general City -wide application. c. In recobraition of the need for City services, including but not limited to police; fire and park, to meet the demand generated by new, cumulative residential development in the City, District, Owner will not object to participation in a community facilities district, assessment district, or other similar funiding mechanism, to provide funds for such services, should any such a mechanism be established. d. No vested rights as to any requirements in this section either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 53 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, including without limitation the facilities set forth in the Public Art Plan, shall be subject to applicable design standards and guidelines in effect at the time that any development approval shall be sought for the Project or any urtit or structure contained within the Project. 5.4 FAA Approval. Owner shall obtain and maintain, during the term of the agreement, any and all necessary approvals from the FAA for the Project. Should such approvals lapse, and not be reinstated or reapproved prior to the issuance of the first building permit, the City shall have the right to terminate the agreement. 5.4.1, Avigation Easement. The Owner shall, prior to issuance of the first building permit for the Project, execute an avigation casement in a form approved by the City Attorney, which shall be recorded with the Recorder of the County of Orange. The avigation easement shall prohibit any and all claims, actions or lawsuits of any kind or type for nuisance or interference with use and enjoyment of the underlying Property or the Project including but not limited to noise, sound, vibration, fames, fuel particles, dust, discomfort or other environmental effects incident to aircraft operations as well as any inconvenience or annoyances caused by the operations of the John Wayne Airport (SNA). The avigation easement shall grant the right to enter or penetrate into err transmit through the airspace above, on or in the vicinity of the Property for the unobstructed use, passage or operation of all types of aircraft and the right to create or generate atl things and consequences to the Property that inay'be, or may be alleged to be, incident to or resulting from the use of said Airspace and any and all related aircraft and airport operation. The City shall be the benefited party in the avigation easement, but said easement shall be assignable by the City to a third party, including but not limited to John Wayne Airport (SNA), without consent of Owner. 5.5 Future Discretionary Approvals, This Agreement shall not prevent the City, when considering requests for discretionary approvals not covered by Section 5.1 of this Agreement subsequent to the effective date of this Agreement, from applying new rules, regulations, and policies which are applicable to the Property, including but not limited to, changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent applications for land use entitlements based on such existing or new rules, regulations, and/or policies; provided, however, that such new rules, regulations, and official policies are of general 75A"42 application to all development within the City and are not imposed solely with respect to the subject property. In addition, this Agreement shall not prevent the City from exercising its police power to protect the health, safety, and welfare of the public. This police power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any tights or obligations created or existing between the parties. 5.6 Processing Fees. All fees and charges intended to cover City costs associated with processing development of the Property, including but not limited to fees and charges for applications„ processing; inspections, plan review, plan processing, acid /or environmental review, which are existing or may be revised or adopted during the term of this Agreement, shall apply to the development of the Property. 5.7 Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees ") adopted by the City after the effective date of this Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, and (3) are not imposed to either (a) mitigate; offset or compensate for Project impacts which were analyzed in the negative declaration prepared for the Project, or (b) duplicate any project design features conditions of approval, Agreements, or mitigation measures contained in the Development Plan or this Agreement. The current entitlement fees shall be locked in as of the elate of this Agreement, and there shall be no additional entitlement fees for the Project. however, building permit fees, including fees for new new permits required after the date of this Agreement, will not be locked in at any rate, but rather will be the amount at the time of pulling building permits. Atiydefsrra f.,°R°r-dd'7rxl -�mlj 8-ail9iTf8C'1• kl• °£I�EFII EIa ^sv �� �' ;t. ,'�..,d.-�if€112ifk .. 1`n "—�L.Q :'; ..depte"� 5.8 Development, Construction and Completion of Work of Public Art. hi consideration for the extraordinary and significant benefits set forth in this Section, the Owner has been legally vested under Section 5.1 with regard to the zoning, perntitted uses, density, height, setback; design, size of structure and intensity of use of the Property. Owner shall include within the Project at a prime location visible to the public, a single or grouped permanent work of public art (the "Public Art "), The Public Ar shall conform in all respects to Exhibit C of this Agreement. Facilities specified in Section 5.ti.1 below must be designed and /or constructed prior to the triggering event. In the event that Owner foils to meet either of the triggering events set forth in Section 5.8.1., below, Owner shall pay the City an amount equivalent to one -half of one percent (0.5 %) of the estimated value of its Project, as conclusively specified by the Executive Director of the City's Planning and Building Agency, to be used by the City to acquire other public all for other locations within the City, in which case, Owner will not be considered in default tinder this Agreement. 75AL43 5.8.1 Work of Public Art. Items to Be Completed Triggering Event vent (E.z., New Use or New Areal 1, Submit Final. Design of Public Art. Prior to issuance of first Building Permit or five Final design must conform to Public Art (5) years from the effective date of this Agreement, Plait, whichever comes first. 2. Install Public Art. Prior to City's issuance of the first Certificate of Occupancy for any building or stLacture, or the expiration of the term of this Agreement, whichever comes first. With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this Agreement within the times specified above. During periods of construction of work of public art encompassed in the Public Art Plan, Owner shall submit to the City a written report of the progress of the construction when and as reasonably requested by the City. The report shall be in such fonn and detail as may be reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance may be subject to revision from time to time if first mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. 5.8.2. Inclusionary Housing tee. Owner sliall C4y `he- r bea3sed -btk y fctr pining(inslttdrig bu�no imd to prepartLtien of ene -sr rnooree eletxreitls -o€tts genes �plau or ffrt + a L lu ertt s- -oeptaal- design fur °aosi d prep aratisn, award Of=t pr�pe"p kjal prepsrty-aequ it :^ e�tien l�rst geedwill itentattvel3wn®r- Wray warty titrto ease- ralrirtgsueh }3ayrnor. s F �� %tea a -tY Lgrveutttt ecs�ten egtti e' Ia�w- itielttsiena ieustrtg- nits- totrtlirt m_ r�ertt (�5 %)4 #hc�ertsir�ru3 #s- pr-epesesl- feu•- tlte- PrA}�tae�- p.<:r;�le �'��a"h- fst3+- (ede- seetien �Eb ) ? and�er (b} previcle for up -to si ty}iereent{(f�° of these- in�tisroi}ary tuts to rria4erate4noor &—ro idorrts at i reJee+ ^ 'leaEtlt &- �Str€ety Cello sestien -3-34 - 3kb)(2) comply ly with the terins and regulations of Article XVI11.1 of Chanter 41 of the Santa Ana Municipal Code. 5.8.3 No Redevelopment Subsidy. The Owner shall not be entitled to request or accept any agreement with the Santa Ana Community Redevelopment Developineat Agency for economic, debt service payments, or other assistance for the development of the Project. Failure to comply with this provision shall be deemed in and of itself to constitute a failure to in good faith comply with terms or conditions of this Agreement pursuant to the teens of Government Code section 65865.1. 75A1 -244 5.8.4. In -Lieu Park Development Fee. The Owner shall pay an in -lieu park development fee amount equivalent to the Park Dedication requirement. The fee shall be assessed at the value of $35.50 per square foot of area to be dedicated pursuant to the standard established by section 34 -204 et seq. of the Santa Ana Municipal Code, as specified in said City's site plan review letter; provided, however that the fee may he increased yearly beginning twelve months following the effective date of this agreement, by the average rate of increase in land costs in the City of Santa Ana, as that increase is established by the "Construction Cost Index -Los Angeles," published by Engineering News- Record, or substitute index chosen by the Executive Director of Planning and Building should that Index be discontinued. The fee shall be paid prior to issuance of each building permit. The City shall use said fees for new parkland, capital improvements at existing parks, and deferred maintenance at existing parks (up to a maximum of fifty percent of amount of the fee), and seventy five percent (75 %) of said fees shall be utilized by the City in the Quadrant of the City (as set forth in the City's Park A &D Fee program) in which the Project is located. If not used or appropriated this fee shall be returned to Owner, consistent with the provisions of (and subject to the exceptions contained within) the California Mitigation Fee Act, Government Code § 66000 et serf. F. IN F= x* l ■ 3 l•r- 1?i's-niid-C-iar "icGkntf s4---- iiir' p=- tirvp' EISS� 'l�- ttitittl-�3C- atlf3in5-t$ -ti• Y "Y* D D > ' 11 {1.H3i'�` a{�pr�valb iT Bury r eetitiWO9ireetei- 75AI45 o a� Co}r �'YVtkita'AI, tYtYti1� {i i a1 4'1CIV' en - alse..., peiT4ic[[Lngtorest-et'[Cw rn + n• r r, r nn 'EH@LSi °jv.:� ,�L'`ivi-co- ~roc ^oc;auam-rse�up. 5.9 Responsibility for Costs of Work of Public Art. The City and Owner agree that Owner shall be responsible for all costs associated with the design, construction, maintenance and repair of the work of public art provided for in the Public Art Plan. 5.10 Moratoria. Moratoria enacted by the City for the public health, safety, and welfare, which are imposed on the Property or Project, shall toll the time periods set forth in this Agreement. 5.11. City to Receive Contract Documents, Owner shall furnish City, upon written request, copies of contracts and supporting documents relating to the work of public art. 5.12 Conditions of Discretionary Approvals, The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Agreement. 5.13 Compliance with Governmental Requirements. Subject to and as otherwise provided by the terns of Section 5.1 above, Owner shall carryout the design, construction, and operation of the Project in substantial confomrity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property; including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City peritits and approvals, building, .plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 1.2101 et seq., Govermnent Code § 4450 et serf., and the Unruh Civil Rights Act, Civil Code § 51 et seq. ("Governmental Requirements "), 75A' -446 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. City shall; at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section 65865. 1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terns of the Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the Agreement after anneal review, City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter ") stating that based upon information known or made known to the City Council, the City Planning Commission and/or the City Planning Director, the Agreement remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 63 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7, DEFAULT. 7.1 Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (1) If a warranty, representation, or statement made or famished by Property Owner to the City in conjunction with the Project is false or proves to have been false in any material respect when it was made; (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Corte Section 65865.1 that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the terms or conditions of this Agreement; (3) Failure to comply with Governmental regulations; (4) Any other event, condition, act, or omission of Owner, or of its officers, agents, employees, consultants, special counsel,, or representatives, which materially interferes with the intent and objectives of this Agreement. 72 Procedure upon Default. (1) Upon the occurrence of an alleged default, City shall give Property Owner (the "defaulting party") thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default tnay be satisfactorily cured. After proper notice and expiration of said thirty (30) clay cure period without cure, City may terminate or amend this Agreement in accordance with the procedure adopted by the City as to 75A -47 all defaults that may be eared within said thirty (30) day cure period. For defaults that cannot be cured within said thirty (30) day cure period, City way terminate or amend this Agreement in accordance with the procedure adopted by the City should at any time Owner fail to diligently proceed in curing the defatilt. Failure or delay in giving notice of default shrill not constitute a waiver of any default, nor shall it change the time of default. (2) City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this Agreement. (3) Non - performance shall not be excused because of a failure of a third person. (4) An express repudiation, refusal, or renunciation of the contract, if the saute is in writing and signed by the Property Owner, shall be sufficient to terminate this Agreement and a bearing on the matter shall not be required. (5) Adoption of a law or other governmental activity making performance by the Owner unprof table or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner, unless such an activity constitutes a breach of this Agreement by the City, or the City undertakes such an activity which renders impossible Owner's performance of its obligations or exercise of any of its rights vested under this Agreement. (G) All other remedies at law or in equity which are not inconsistent with the provisions of this Agreement are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against City upon lawful termination of this Agreement. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 8. ENCUMBRANCES AND RELEASES ON PROPERTY. 31 Discretion to Encumber, Thus Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device securing financing with respect to the Property or its improvement. 75A148 8.2 Entitlement to Written Notice of Default. The mortgagee of amortgage or beneficiary of a deed of trust encumbering the Property or any part thereof and their successors and assigns shall, upon written request to City, be entitled to receive from City written notification of any default by Owner of the performance of Owner's obligations under the Agreement which has not been cured within thirty (30) days following the date of default. City may modify or add to the provisions of this Section 8.2 at the request of any institutional lender or pension trust providing financing so long as such requested modifications or additions pertain only to the rights of a Mortgagee hereunder and are not otherwise inconsistent with the terms of this Agreement. 83 Releases. City agrees that upon written request of Property Owner and payment of all fees and performance of dre requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, City may execute and deliver to Owner appropriate release(s) of further obligations imposed by this Agreement in form and substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect the release. 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this Agreement; their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements between the parties respecting this Agreement. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate authorities of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the effective date of this Agreement, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Change County, California. 9.3 Project as a Private Undertalcing. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement. 9.4 Incorporation of Recitals. The Recitals set 'forth in Section I of this Agreement are part of this Agreement. 75A7-49 9,5 Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 9.6 Consent. Where the consent or approval of a party is required in or necessary under this Agreement; the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 9,8 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this Agreement have been entered into or the action or inaction of any other affected governmental jurisdiction prevents or precludes compliance with one or more provisions of this Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a- statement of conflict with the provisions of this Agreement. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an Agreement on the effect of such federal or state law or regulation upon the Agreement, the matter shall be scheduled for hearing before the City Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5: The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 Severability. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any patty or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument; or the application of such term, provision, condition or covenants or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent peiruitted by law. 9.11 Counterparts, This Agreement has been executed in one or snore counterparts, each of which has been deemed an original, but all of which constitute one and the same instrument. 9.12 Recording, The City Cleric shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this Agreement. 75 tO 9.1.3 Estoppel Certificate. Either party may, at anytime, and from time to time, deliver written notice to the other party requesting such patty to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or, if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof,. The City Manager of the City shall have the right to execute any certificate requested by Owner. hereunder. The City acknowledges that a certificate hereunder may be rei.ied upon by transfers, Mortgagees, or other parties. 751'51 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. CAP VALHO City Attqr,67. I n By: . Ryan FOR APPROVAL.,: VINCE FREGOSO Interim Executive Director - PBA CITY OF SANTA ANA DAVID CAVAZOS City Manager LEGADO AT THE MET, LLC 75Az$2 STATE OF CALIFORNIA } ) ss. COUNTY OF ORANGE On this day of 200. before me, a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the City Manager of THE CITY OF SANTA ANA, the charter city that executed the within instrument, known to me to be the persotr who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to ire that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE } On this day of 200, before me, a. Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ of _., the that executed the within instlunrent, known to the to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant: to its bylaws or a resolution of its Board. WITNESS my hand and official seal. NOTARY PUBLIC 75A -53 EX141BIT "A" Property Legal Description REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: LOT I AS SHOWN ON EXHIBIT `B" OF LOT LINE ADJUSTMENT NO. 98.001 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED APRIL 9, 1998, AS INSTRUMENT NO. 19980210009 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: A NON - EXCLUSIVE RECIPROCAL EASEMENT FOR VEHICULAR INGRESS, EGRESS AND ACCESS, AS SET FORTH IN THAT CERTAIN DECLARATION AND GRANT OF EASEMENTS RECORDED APRIL 9, 1998, AS INSTRUMENT NO, 19980210011 AND IN THAT CERTAIN AMENDED AND RESTATED DECLARATION AND GRANT OF EASEMENTS RECORDED APRIL 15, 1998, AS INSTRUMENT NO, 19980222444, AND IN THAT CERTAIN AMENDED AND FULLY RESTATED RECIPROCAL EASEMENT AGREEMENT RECORDED NOVEMBER 11, 2004, AS INSTRUMENT NO. 2004001056213, ALL OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL A HEREINABOVE DESCRIBED, PARCEL C: AN EASEMENT FOR THE CONSRUCTION, INSTALLATION, MAINTENANCE AND REPAIR OF A STORM DRAIN AND RELATED LPROVEMENTS, AS SET FORTH IN THAT CERTAIN STORM DRAIN EASEMENT AND MAINTENANCE AGREEMENT RECORDED APRIL 18, 2005, AS INSTRUMENT NO. 2005000291720 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. 75A -54 EXHIBIT "B" Property Site Plan To be inserted 75A -55 EXHIBIT "C" Public Art Plan Public art valued at one -half of one percent (0.5 %) of the total Project building permit valuation is required. Public art shall be comprised of a single art piece or grouped ail pieces to be placed at a final location to be determined as specified in section 2.5 of this Agreement. The public all should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and/or capture or reinforce the unique character of the new place. A comprehensive Public Art Plan indicating compliance with this requirement, and which proposes specific pieces of art for specific locations or applications, shall be submitted to the Planning Commission prior to the completion of the project's first phase. All public art approved by the Planning Commission in the Public Art Plan shall be completely installed as provided in section 5.8.1 of this Agreement. 2. Art should be sited to complement features such as plaza or architectural components so that the art is an integral pail of the development site. 3. Public art should be constructed using durable materials and finishes including but not limited to stone or metal. 4. No art piece provided pursuant to the public art requirement shall include advertising of any type, including but not limited to products, services or businesses. 5. All public art provided pursuant to the public art requirement shall be properly maintained at all times, be free of any graffiti and shall not incorporate any flashing or distracting form of illumination. 6. All art pieces approved and installed prursuant to the Public Art Plan shall remain on the project site and may not be removed without the approval of the Planning Commission. Expenses Not Allowed from Art Allocation i. Expenses to locate the artist (e.g., airfare for artist interviews, etc.) ii, Architect and Landscape Architect fees. [ii. Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. iv. Utility fees associated with activating electronic or water generated artwork. 75A -56 V. Lighting elements not integral to the illumination of the art piece. vi. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. vii. Dedication ceremonies, including sculpture unveilings or grand openings, 75A -57 EXHIBIT "D" Cooperative Agreement for Off- -Site Improvements 75A -58 EXHIBIT "E" Remaining Offsite Mitigation Measures The Met at South Coast Public Improvements Lmpovement New sidewalk New driveway ( "pan" style) Dedication for 25' x 25' comer cut -off Sidewalk easement Street dedication 4" depressed curb Triple -left traffic mitigation measure, including sign bridge, signal modification, updated detection, and signing and striping on both streets Pavement Rehabilitation (minimum 2°" grind and overlay) Installation of new public fire hydrants Location Property frontage on First American Way First American Way NIE corner of MacArthur & Imperial Promenade 10' along property frontage of MacArthur Blvd, 60' from street centerline along MacArthur Blvd. Emergency access on MacArthur Blvd, Southbound Imperial Promenade at MacArthur Blvd On Imperial Promenade and First American Way along property frontage from curb to street centerline Along MacArthur Blvd. and First American Way 75A -59 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.0, Box 1988 Santa Ana, California 92702 EXEMPT FROM RECORDING FEES GOVERNMENT CODE § 6103 AMENDED DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and LEGADO AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Dared: April 21, 2015 75A-60 ADDENDUM TO THE MET AT SOUTH COAST MULTI - FAMILY RESIDENTIAL PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (SCH NO. 201111.1.041) PREPARED FOR: City of Santa Ana Planning Division 20 Civic Center Plaza, M -20 Santa Ana, CA 92702 Contact: Verny Carvajal 714- 647 -5899 PREPARED BY: ICF International 1 Ada, Suite 100 Irvine, CA 92618 Contact: Tanya Jones 949- 333 -6600 March 2015 EXHIBIT 22 75A -61 ICI" International, 2015. Addendum to The Met at South Coast Multi- Family Residential Project Initial Study /Mitigated Negative Declaration (SCI1 No. 2011111041). March, (ICF 25.15,) Irvine, CA. Prepared for City of Santa Ana, Santa Ana, CA. 75A -62 Contents Listof Tables and Figures .. ... .... ....... .:.. ................................................ .. ........ .: ....... : ....... .... ___ ............ .. ii List of Acronyms and Abbreviations ....................................................................... ............................... ill Chapter 1 Introduction and Summary .................................................. ............................... ....1 -1 1.1 Purpose of Addendurn ................................................................................ ............................1 -1 1.2 Use of an Addendum to a Previously Adopted Negative Declaration ..................... --- ...... 1 -1 1.3 Evaluation of Environmental Impacts ........................................................ .............:..............1.2 1.5 Summary of Findings.... ........................................................... l .............................................. 1-3 Chapter 2 Project Description ............................................................................ ............................... 2 -1 2.1 Overview, ............ — ............................................................... .......... l ...................................... 2.1 2.2 Project Location .......................................................................................... ............................2.1 2.3 Existing Setting and Surrounding Land Uses ........ . ....... . ................ ... ..... .. .... . .......... ................ 2 -1 2.4 Description of Previously Approved Project .... .............. ..................................................... ...2 -1 2.5 Description of Changes to the Proposed Project... .......... ..... l ............ l .... l ........................ l .... 2-3 Chapter 3 Environmental Impact Analysis ....................................... ... ...... .... .................. .............. . .... 3 -1 3.1 Environmental Resources Found to Have No Impacts or Less - than - Significant Impacts..... . .............. .. ................................................................... ..... .. ... .......... . ................... ..3 -1 3.2 Environmental Resources Found to Have Less - than - Significant Impacts with MitigationIncorporated ....... . .................. . .................. . ............ . ................ .. .......... . ................. 3 -2 3.11 Air Quality .................................................. ............................... ........................ 3 -2 3.2.2 Biological Resources ... . ............................ ................. ...... .... . .... -- ....... .... ..... ...... 3 -3 3.23 Geology and Solis ...... ... .......................................... . .............. ........ . ....... .... ........ ..3 -5 12.4 Greenhouse Gas Emissions .......................... . ..... - ....... ,. ........... .... . ...... ...... ..... . .... 3 -6 32.5 Noise.—. .......... -- ...... l ................... l ............................. l ........................ l ........... ., 3-7 3.2.6 Public Services ... ............ . ............................. . ............... ---- .... .... ......... .... . ...... 3-8 3.2.6 Traffic .... ..... ................... .. .............................. — ......... .: ...... . ......... . ...... .... ............ .3 -9 Chapter4 References ......................................................................................... ............................... 4 -1 Appendix A Environmental Checklist The Met at Addendum 75A -63 March 2015 Tables and Figures Table 2.1 Summary of Project Features Analyzed in The Met IS/ MND ................. ....... ......... — ...... -- ................... ,2 -2 2 -2 Summary of the Differences between the Proposed Project and The Met IS /MND ..... ................. 2 -3 Figure Follows Page 2.1 Project Location Map... ... ....... ................ -- ....... ................. .............. ..................... .................. — 2-2 2.2 Aerial of the Existing Project Site.... ............... - ....... ....................... ........ - ........................... -- ....... --.2-2 2 -3 Original Site Plan for The Met IS/ MND . ...................................... ........................... .......................................... 2 -2 2 -4 Proposed Project Site Plan ... -- ..................... ....................... ..................... ............ „...,............... ........... ......... ...... 2 -3 2 -5 Proposed Project Grading and Drainage Plan ............ .. ..................................... ........................................... .2 -3 2 -6 Proposed Project South and West Elevations ... ............ ............................. ........................................ ........... 2 -3 2-7 Proposed Project North and East Elevations .......... — ............... .................... ......... ........................................ 2 -3 Coast addendum 75A -64 Acronyms and Abbreviations Basin South Coast Air Basin CEQA California Environmental Quality Act CNEL community noise equivalent level dBA A- weighted decibels GfIG greenhouse gas 1 -IVAC heating, ventilation, and air conditioning IS /MND Initial Study, /Mitigated Negative Declaration MUTCD Manual on Uniform Traffic Control Device SR -55 State Route 55 The Met at South Coast ,_ March 2oi5 Addendum 1° 75A -65 Chapter 1 Introduction and Summary 1.1 Purpose of Addendum Pursuant to the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., this Addendum is prepared to address potential environmental impacts as result of minor changes to The Met at South Coast Multifamily Residential Project located at 200 East First American Way within the southeastern portion of the City of Santa Ana, In April 2012, the City of Santa Ana adopted the Initial Study /Mitigated Negative Declaration (IS /MND) for The Metat South Coast residential development project (SCH No. 2011111041), which analyzed the impacts of the development of 284 multi- fannily residential units on a 3.1 -arse parcel, Modifications to the previous project design constitute the "proposed project" for the purpose of this document, and include: • an increase in the total number of acres developed; • an increase in the number of buildings constructed; • an increase in the total amount of open space; • an increase in the total number of parking stalls; • a decrease in the amount of grading; • a decrease In the construction duration; and • a change in project site access. This document, together with the other documents incorporated by reference herein, serve as the environmental review of the proposed project, as required pursuant to the provisions of CEQA, the State CEQA Guidelines at 14 California Code of Regulations Section 15000 et seq., and the City of Santa .Ana procedures for CEQA implementation 1.2 Use of an Addendum to a Previously Adopted Negative Declaration To ensure that impacts are within the scope of the previously certified IS /MND and no new significant impacts would result, the City reviews each application in accordance with Sections 15162 and 15164 of the State CEQA Guidelines, When necessary, additional environmental analysis is completed consistent with Section 15162, including Negative Declaration Addendums or Subsequent Negative Declarations, State CEQA Guidelines Section 15164 states: "Art addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIRor negative declaration have occurred,- Pursuant to Section 15162 of the State CEQA Guidelines, when a negative declaration has been adopted for a project, no subsequent EIR (or negative declaration) may be The Met at South Coast _ 1 March 2015 Addendum 75A -66 City of Santa Are Chapter 1. Introduction and Summary required for a project unless the City determines, on the basis of substantial evidence, that one or more of the following conditions are met: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR [or negative declaration] shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances tinder which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of newsignifieantenvironmental effects or substantial increase in the severity of previously identified significant effects; or (3) New information of substantlal importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will hive one or more significant effects riot discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 1.3 Evaluation of Environmental Impacts This document, prepared pursuant to CEQA, constitutes an Addendum to The Met IS /MND and is prepared pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City of Santa Ana procedures for CEQA implementation. This Addendum relies on use of an Environmental Checklist Form, as suggested in Section 15063(d)(3) of the State CEQA Guidelines, The form includes a checklist to indicate whether the conditions set forth in Section 15162 of the State CEQA Guidelines that Would require a subsequent or, supplemental Negative Declaration are met, and whether there are new significant impacts resulting from the proposed project. The Environmental Checklist Form is used to review the potential environmental effects of the proposed project for each of the following areas: 1'he Mei at Addendum 1 -2 75A -67 March 2015 City of Santa Ana • Aesthetics • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • 'Transportation /Traffic • Utilities and Service Systems chapter L IntrodvCtlon and 5UMMary The Environmental Checklist Form prepared for this project is found in Appendix A of this Addendum. It contains a series of questions about the project for each of the Impact categories. There are six possible responses to each of the questions included on the Environmental Checklist Form, as follows: 1. Substantial Change in Project Requiring Major IS /MND Revisions 2. Substantial Change in Circumstances Requiring Major IS /MND Revisions 3. New Information Resulting in New Significant Impacts 4. New Information Resulting in More Severe impacts 5. New Information Identifying New Mitigation Measures Available to Reduce Significant Impacts 6. Less Than Significant Impact/No Substantial Change From Previous Analysis 1.5 Summary of Findings Based on the Environmental Checklist and supporting environmental analysis, the changes to the proposed project would not result in any new significant impacts that were not previously addressed in The Met IS /MND. The scope of design modifications would not result in any new impacts that are not alreadycovered in The Met IS /MND, and none of the conditions set forth in Section ] 5162 of the State CEQA Guidelines that would otherwise require preparation of a subsequent Negative Declaration are met in this instance. The MeC at South coast 3 March 2015 Addendum 75A -68 Chapter 2 Project Description 2.1 Overview The project considered in this Addendum is largely unchanged from that evaluated in The Met IS /MND. The proposed project continues to Involve construction of a 284 -unit multi- ramll'y residential apartment complex oil a 3.1 -acre parcel in the MacArthur Place District Center in the City of Santa Ana, This chapter provides information regarding the proposed development, the project location, and existing conditions In the project area, with an emphasis on changes since preparation and approval of The Met IS /MND. 2.2 Project Location The project location would remain the same as previously analyzed in The Met IS /MND. The project site is a 3.1 -acre parcel located at 200 East First American Way in the southeastern portion of the City of Santa Ana. This site is on the northeast corner of MacArthur Boulevard and MacArthur, Place. Regional access is generally provided. by the MacArthur Boulevard exit for State Route 55 (SR -55). Figures 2 -1 and 2 -2 show tire project location and local vicinity. 2.3 Existing Setting and Surrounding Land Uses The project site remains vacant and undeveloped land. It is within an urban and developed area and is surrounded by roadways on three sides and a parking garage on the fourth. Land uses in the project vicinity include a combination of commercial, office, hotel, and multi- family residential uses. Adjacent land uses include: • First American Way followed by commercial office buildings to the north. • MacArthur Place followed by multi- family residential to the nortlTwesL • MacArthur Place followed by hotel uses (Doubtetree Hotel) to the west. • MacArthur Boulevard followed by residential and hotel uses (The Marke Apartments and Courtyard by Marriott) to the southwest. • MacArthur Boulevard followed by restaurantand commercial uses to the south. • Parking garage adjacent to the east. 2.4 Description of Previously Approved Project The Met IS /MND was adopted by the city or Santa Ana City Council on April 16, 2012. Previous approvals included a subdivision map to create condominium units, a Zoning Ordinance Amendment to Specific Development Plan 43 (SD -43) to increase the number of residential units The Met at South Coast z 1 March 2015 Addendum 75A -69 City of Santa Ana chapter 2. Project Description allowed for the site, an amendment to the Development Agreement, a variance to allow for tandem parking and a parking reduction, and approval of the site plan, The Met IS /MND analyzed the impacts of constructing podium -style apartment complex consisting of up to 284 multi- family residential units on approximately 2.5 acres of the 3,1 -acre project site. The remaining 0.6 acre was to remain vacant land as the site fora future building, with the previously proposed apartment buildings being located toward the western portion of the property. Figure 2.3 shows the original site plan far The Met IS /HIND. The previous project included five stories of multi- family rental units in three buildings, all of which would be constructed over a subterranean parking structure that spanned all three buildings. The maximum height of the buildings was to be approximately 55 feet. Approximately 56,800 square feet of open space courtyard areas would he developed between the buildings over the parking structure. The project would provide 284 residential units that would consist of 192 one - bedroom units, 82 two- bedroon units, and 10 three - bedroom units and would range in size from 744 to 1,383 square feet. The parking structure would provide 625 parking spaces in two subterranean levels of parking, In addition to parking on the streetlevel'. Vehicular access to the project site and parking garage would be provided from Bast FirstAmerican Way, Because Bast First American Way is a median- divided roadway, the ingress /egress would be provided by a right-in, right -out circulation pattern. In addition, construction of the previous project was anticipated to take approximately 22 months to complete and require excavation to a depth of 20 feet resulting in approximately 144,895 cubic yards of export soil material. Table 2 -1 summarizes the features of the previous project. Table 2 -1, Summary of Project Features Analysed in The Met ISJMND Project Feature Number Square Feet Percentage of Total One Bedroom + One Bath Apartments 1.92 744 -804 68% Two Bedroom+ Two Bath Apartments 82 1,021 -1,144 29% Three Bedroom +Two Bath Apartments 10 1,383 3% Total Apartments 284 1O0% Handicapped Parking Spaces 10 - 2% Tandem Parking Spaces 330 52% Full Size Parking Spaces 285 46% TotalParinng 625 100% Courtyard Recreation 31,550 56% Rooftop Recreation 12,400 22% Indoor Private Fitness Center 12,850 22% Total Recreation 56,800 100 Total Impervious Surface Area 111,017 The architectural style of the project would be contemporary /modern, incorporating concrete, cement boards, decorative panels, wood, and glass. Some units would have private outdoor balconies. The project would include the following amenities on the podium level: leasing office, business center, community room, theater, recreation and fitness center, pool, and spa. In addition, outdoor fire pits, outdoor harbeques, covered seating areas, a yoga area, and a putting green would be provided on the rooftop. Tile project would also provide a water feature at tire corner of The Met at South Coast Z Z March Addendum 75A -70 E In a 1 1 1 1 , 1 1 1 1 1 1 1 1 ea as son Qiin` lsnta,� antury High Scholl 1 on air L -T EdInge Mater at High f MID Ele many c, .0 tt r L- Th m sA oi- ne Ra; 1. S R 7aa r-a aAnalmel �esrnraha at. igh ch 0 rn r wrge a f 7 Ema+f Esq.ada Elemantary Sc, ool Wpr er 7' met Mon cg a 17!8chaol- I (30murnin 0 a oil I 13 Santa Ana 'y, Dyer yer addlebactiflph Sch I L -.:4 -J T orps Sta Nit, "Tq pdr� a r1h r on amen a nt SO f-T 7- 11 F-I tq.,d W e dark }N�illiam Tfl Elem S 0 1 , 1 � 4 Jman Coast l,,za 1C 1 1-7 rv, r 0 1,000 2,000 Feet Source: me Nor-.h America (2008) / ! 11 Figure 2-1 to Project Location Map Addendum to The Met at South Coast IS/MND 75A-71 !�« �y2 IDA2 9 . I E � \ ?� { Ams < ©� \` �\ � \� 2 ele , \\ aw. rrI V rl - -rte -- � -- -_ m � A �Jrf _ Mow 0 m R 11 1- Vfir 4L Cc 2w T .1. 0 Vim. 0 I 0 75A-73 T lz a ry Z Z tL q1 40 0 CL 0 IM. -1: E O3 V G 0 V V Cc City of Santa Ana Chapter2. Protect Description MacArthur Place and MacArthur Boulevard and a water feature at the leasing office located at the corner of MacArthur Place and First American Way, 2.5 Description of Changes to the Proposed Project The proposed project consists of developing 284 mild - family residential units, which is unchanged from the project previously analyzed in the 2012 IS /MND. However, the units would be spread among six 5 -story buildings on the full 3.1 -acre site. The maximum height of the buildings would remain 55 feet. The proposed project would also increase the number of parking stalls within the subterranean garage to 630 and provide a total of 72,830 Square feet of recreation and open space. Access to the proposed project's parking garage would be via the driveway shared with the parking structure to the east. The circulation pattern in and out of the shared driveway would still be controlled by a right -in, right -out ingress /egress from Bast First American way. The construction phase would shorten to 12 months and require excavation to a depth of 22 feet, resulting in only approximately 34,000 cubic yards of export soil material. The architectural style of the proposed project would remain the same with a contemporary /modern design and would incorporate concrete, cement boards, decorative panels, wood, and glass elements. Discretionary approvals would Include site plan review, amendment to the Development Agreement, and adoption of the Addendum. Table 2.2 summarizes the features of the proposed project and the differences from The Met IS /MND, and Figures 2 -4 through 2 -7 show the engineeringand architectural plans for the proposed project. Table 2.2. Summary of the Differences between the Proposed Project and The Met IS /MND The Met Feature Development Area 3.1 acres Z.5 acres +0.6 acre Number ofHadldings 6 3 +3 Studio Apartments 14 - 414 One-Bedroom Apartments 129 192 -63 Two - Bedroom Apartments 136 82 454 Three-Bedromn Apartments 5 10 +5 Total Apartments 284 284 0 Handicapped Parking Spaces 14 10 +4 Tandem Parking Spaces 260 330 -70 Full Size Parking Spaces 356 285 +71 Total Parking 630 625 +5 Total Recreation & Open Space 72,830squarefeet 56,800squarefeet +16,030squarefeet Total Impervious Surface Area 97,121 squarefeet 111,017squarefeet - 13,896squarefeet Excavation 34,000cubicyards 144,895cubicyards - 110,895cubicyards Construction Duration 12 months 22 months -10 months The Met of SoUth Coast 2-3 March 2015 Addendum 75A -74 -------- - - ------ - --- 14 aUv f6 UC)H.Luvuvn 75A-75 cp Z IL .1m iz v m 0 tA 0 CL V c W V "a Cc 01 a Z 5 q tltu L E (z I I g9�(•G" S5® ��bg� ¢� jRFFy'F 21 Yyy�i i §G LjE� q ��E .i i'a � 33 F 1 1 I I 1 �� amunmenmuva wuwxn I �/. (I q&ff gg rFfi� pQ$ 1 � 1 - -ti L_•,___ I ( 5 y 4 M r 1 f 1 Ig' { 3 � O a¢ {; 1 1 p j F I I I e L I. AJ g I i 75A -76 va c p rrvaZ � Im tl C R i `O 00 IQ a l7 L` a v L a O C 6 i b � O "aa CL Q szex1E :« � Ea g) §(§)(§ ezm<»xz» ! ) es d ( § \ ! § ) § /.j? � 75A-78 � -c �0§ kk AA 7§ \� }� _S \k §k �) �2 IAL > , ! ) szex1E :« � Ea g) §(§)(§ ezm<»xz» ! ) es d ( § \ ! § ) § /.j? � 75A-78 � -c �0§ kk AA 7§ \� }� _S \k §k �) �2 IAL Chapter 3 Environmental Impact Analysis This chapter summarizes the environmental impacts analyzed in The Met IS /MND, and evaluates additional or new potential environmental impacts that would occur as a result of changes in project features. It also identifies appropriate mitigation measures, as necessary, that would reduce the significance of additional or new potential environmental impacts. 3.1 Environmental Resources Found to Have No Impacts or Less- than - Significant Impacts The following resources were found to have eitherno impacts or less- than - significant Impacts in The Met IS /MND: • Aesthetics • Agricultural and Forestry Resources • Cultural Resources • Hazards and Hazardous Materials • Hydrology /Water Quality • Land Use /Planning • Mineral Resources • Population /Housing • Recreation • Utilities /Service Systems The proposed project would continue to develop 284 multi- family residential units with minor modifications to the following project elements: • an increase in the total number of acres developed; • an increase in the number of buildings constructed; • an increase in the total amount of open space; • an increase in the total number of parldng stalls; • a decrease in the amount of grading; • a decrease in the construction duration; and • a change in project site access. Based on the minor changes, it is expected that impacts would remain relatively the same for the resources mentioned above and project changes would not result in additional or new significant impacts that were not previously addressed in The Met IS /MND. Impacts resulting from the proposed project for the resources mentioned above would continue to either have no impacts or, less - than - significant Impacts and would not represent a substantial change from the previous conclusions in The Met IS /MND. The Met at south Coast 3-1 March 2(7L5 Addendum 75A -79 City of Santa Ana Chapter 3. Environmental Impact Analysis 3,2 Environmental Resources Found to Have Less- than - Significant Impacts with Mitigation Incorporated The following resources were found to have Less- thamsignificant impacts after implementation of mitigation in The Met IS /MND: • Air Quality . Noise • Biological e PublicServices • GeologyandSoiis . Traffic • Greenhouse Gas Emissions Because the proposed project would restiltin minor development modifications to the previous project, it is expected that impacts would remain relatively the same for the resources mentioned above. A summary of The Met I3 /MND findings is provided, followed by a qualitative discussion of the impacts associated with the proposed. project modifications and significance of the impacts for each of these resources below. Mitigation measures as published in The Met IS /MND are included and have been modified slightly to correct errors in the original document. These corrections do not affect the impact conclusions or change the effectiveness of mitigation. These minor changes are shown in underline and test. 3.2.1 Air Quality The Met IS /MND found that the previous project would result in less- than - significant impacts after implementation of mitigation related to the violation of air quality standards. Less-than-significant impacts were found to occur related to conflicts with an applicable air quality plan, a cumulatively considerable increase of criteria pollutants, sensitive receptors, and objectionable odors. The project site is within the South Coast Air Basin (Basin), where state and federal air quality standards are occasionally exceeded. Similar to the previous project analyzed in The Met IS /MND, the proposed projectwould continue to contribute to regional air pollutant emissions during construction and operation; however, emissions would be reduced during construction because of the shortened construction schedule (from 22 months to 12 months) and the decreased In the amount of excavation required (front 144,£395 cubic yards to 34,000 cubicyards). Therefore, the proposed project's contribution to existing or projected air quality violations would be lower compared with the previous projectanalyzed in The Met IS /MND. Furthermore, the proposed project would be required to Implement all mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met 1S /MND have been identified, and the proposed project would not represent a substantial change from the previous conclusions In The Met IS /MND. Applicable Mitigation Measures Mitigation Measure AQ -1: Prior to the issuance of grading permits, the City of Santa Ana Planning and Building Agency will ensure that Phase 1. of construction of the proposed project will be extended front 19 weeks to a minimum of 21 weeks, and that the maximum number of truck trips The Met at South Coast 3-2 March 2015 Addendum 75A -80 City of Santa Ana Chapter 3. Environmental Impact Analysis for export of soil /excavation material be reduced to a maximum of 60 trips per day, thereby reducing the daily intensity and NOx emissions of Phase 1. Mitigation Measure AQ -2: The City of Santa Ana Planning and. Building Agency will require by contract specifications that construction- related equipment, including heavy -duty equipment, motor vehicles; and portable equipment, will be turned off when not in use for more than 5 minutes. Contract specification language will be reviewed prior to issuance of a grading permit, 3.2.2 Biological Resources The Met IS /MND found that the previous project would result in less- than - significant impacts after implementation of mitigation related to habitat modifications, riparian habitat, federally protected wetlands, and wildlife corridors. No impacts were found to occur related to local policies or ordinances protecting biological resources or habitat conservation plans. The project site consists of an undeveloped but disturbed parcel that appears to have been graded . and routinely mowed. The project site is mostly composed of ruderal (weedy) vegetation consisting of normative grasses and ornamental trees and shrubs. However, during investigations performed as part of the Biological Resources and jurisdictional Delineation Report (1CF' International 2011) for the previous project, approximately 16 individuals of southern tarplant were observed and mapped within the central portion of the project situp The California Native Plant Society designates southern tarplant as a t,ist 18.1 plant, indicating that the plant is considered to be "rare throughout their range and seriously threatened in California (over 80 percent of occurrences being threatened or in high degree and immediacy of threat)" (CNPS 2011). Furthermore, vernal barley is known to occur in mesic grasslands, vernal pools, and alkali flats or depressions, While not observed on the project site, because, of relatively moist conditions, vernal barley is considered to have a moderate potential to occur, Additionally, vernal barley is also known to co -occur with southern tarplant; which was observed on site. The site visits were conducted outside of the known blooming period for vernal barley, which is from March through )une, As such, If this plant occurs on site, it would not have been detectable during the site visits, Vernal barley is classified as sensitive plant species (CNPS 12). In addition, two small wetland areas totaling 0.021 acre (832 feet) were Identified and delineated in the western portion of the project site and are considered to have the ability to support riparian vegetation. However, because the wetlands are so small and not adjacent to one another, they provide limited benefits and potential riparian habitat areas. Furthermore, although the Biological Resources Report determined that no special- status wildlife occurs on the site, the trees within the project site provide potentially suitable nesting habitat forvarioius bird species. Potential impacts on nesting birds may occur if removal ofthe existing ornamental trees occurs during the breeding season (February 15 through September 31). The proposed project would not result in new or additional impacts beyond those previously analyzed in The Met 1S /MND. The locations of biological resources discussed above were within the footprint of the previous project; therefore, even with the increase in development area, impacts are not expected to be greater than those originally analyzed for the previous project. Furthermore, the proposed project would be required to implement at] mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met IS /MND have been identified, and the proposed project would not represent a substantial change from the previous conclusions in The Met IS /MND. The Met at South Coast March 2015 Addendum 3-3 75A -81 City of Santa Ana Applicable Mitigation Measures Chapter 3. Environmental Impact Analysis Mitigation Measure Bi0-1: Prior to Issuance of grading and building permits, the project applicant will retain a qualified biologist to prepare and implement a restoration plan For the impacts on 16 individuals of southern tarplant. The mitigation plan will be subject to the approval of the 'C-1 California Department of Fish and Will illFe. The mitigation plan will Include measures to mitigate the loss of southern tarplant and will outline the location and ownership of the mitigation area, transplanting and/or seed collection, and propagation methodology as well as addressing any contingency plans to be used. Methods used may include, but not be limited to, the following methods. The plants will be counted and retained in place until they die back and the seed can be collected. The plant seed will be stored in brown paper bags in a cool location until they have fully dried out and the seeds dehisced. The seeds will not be stored longer than 'L years because the viability of the seed dramatically drops. A qualified biologist will identify an appropriate offsite conservation area within the local watershed that will accept the seed for broadcasting within a suitable and comparablye- sized receptor site until a 1:1 ratio (of the number of individuals to the habitat impacted) is met. The qualified biologist will be responsible for locating the offsite conservation area and ensuring the restoration of the impacted southern tarplant at the offsite Conservation area. Mitigation Measure Bi0-2: Prior to issuance of grading and building permits, the project applicant will retain a qualified biologist to conduct a preconstruction survey of the project site for vernal barley during its booming season (March through )une). The results of the vernal barley survey will be provided to the City of Santa Ana Planning Manager, prior to issuance of grading permits. If vernal bape4,barlev is identified on the project site during the plant survey, the following measures will be required: The project applicant will retain a qualified biologist to prepare and Implement restoration plan for the vernal barley, The mitigation plan will be subject to the approval of the GWC- California Department of Fish and Wildlife. The mitigation plan will include measures to mitigate the loss of vernal barley and will outline the location and ownership of the mitigation area, transplanting and /or seed collection, and propagation methodology as well as addressing any contingency plans to be used. Methods used may include, but not be Limited to, the fallowing methods. The vernal barley seed wifl be collected prior to project commencement for use in the seed mix for coastal sage scrub /native grassland restoration areas. The receiver sites will support clay soils and other conditions suitable for vernal barley. In addition, where feasible, clay soils will be salvaged from the project site and appropriately transported to restoration areas to provide a seed bank. A qualified biologistwill identify an appropriate offsite conservation area within the local watershed that will accept the seed for broadcasting within a suitable and comparablye sized receptor site until a 1:1 ratio is met, The qualified biologist will be responsible for locating the offsite conservation area and ensuring the restoration of the impacted vernal barley at the offsite conservation area. Mitigation Measure BIO -3: Prior to Issuance of grading and building permits, the applicantwiU retain a qualified biologist to conduct preconstruction nesting bird surveys prior to removal, trimming, or any othertree ^^ li related activities that will occur within breeding /nesting season (February 15 through September IS). Prior to commencement of tree related activities during this timefr•arrte, a qualified biologist will perform a preconstruction survey to determine whether nests are present in or around the proposed project area. If a nest is found, an appropriate bufferwill be established by the qualified biologist. No construction or other activities will be allowed to occur within the buffer until the young have fledged or the nest becomes inactive. The The Met at South Coast 3-4 March 2015 Addendum 75A -82 City of Santa Ana Chapter 3. Environmental Impact Analysis results of the preconstruction nesting bird survey will be provided to the City of Santa Ana Planning Manager, prior to issuance of grading permits. Mitigation Measure T3T0.4: Prior to issuance of grading and building permits, the project applicant will retain a qualified biologist to prepare a wetland mitigation plan, The mitigation plan will be subject to the approval of the Santa Ana 4` QGB Regional Water Quality Control Board. The mitigation plan will include measures to mitigate the loss of 0;021 acre of wetland, which may include creation of new wetland areas or enhancement of existing wetland or non - wetland jurisdictional waters at minimum 2:1 ratio. Creation or enhancement maybe conducted through an approved in -lieu fee program, such as those provided by the Santa Ana Watershed Association, The applicant will process requests foe applicable permits from the appropriate jurisdictional agencies. All permit requirements and conditions of permit approval will be implemented as part of the project. 3.2.3 Geology and Soils The Met TS /MND found that the previous project would result in less - than - significant impacts after implementation of mitigation related to seismic ground shaking, seismic - related ground failure, unstable soils, and expansive soils. No impacts or less - than - significant Impacts were found to occur related to earthquake fault rupture, landslides, erosion, and septic tanks, The major geologic constraints on the project site Include its location within a seismically active region and fairly close to several major active faults, and its susceptibility to ground failure as a result of liquefaction and unstable and expansive soils. Changes to project features, such as increasing the total number of acres developed and buildings' constructed and decreasing the amount of grading required, would not increase the severity of these impacts. Furthermore, the proposed project would be required to implement all mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met IS /MND have been identified, and the proposed project would not represent a substantial change from the previous conclusions in The Met IS /MND. Applicable Mitigation Measures Mitigation Measure G130 -1: Prior to the issuance of grading or building permits, a design -level geotechnical investigation will be prepared by the project applicant and submitted to the City of Santa Ana Planning and Building Agency for review and confirmation that the proposed development fully complies with the California Building Code. The report will address potential seismic hazards such as groundshaking and liquefaction. The report will identify building techniques appropriate to minimize seismic damage. All design criteria and specifications set forth In the geotechnical report will be implemented as a condition of project approval. At a minimum, the design level geotechnical report will include the following: • Project design capable of withstanding seismic hazards associated with sarong ground motions, liquefaction, seismicaliy induced settlement, and expansive soils. • Earthwork procedures to address subsurface conditions (e.g., high groundwater conditions, soil composition, expansive and corrosive soils) including removal, moisture conditioning, and compaction. Tile Met at 50ntn Coast March 2615 Addendum 75A -83 City of Santa Ana Chapter 3. Environmental Impact Analysis • Procedures and engineered designs related to site grading, densification of subsurface soils, shallow and deep foundations, retaining walls, lateral loads, flexible pavements, and drainage. • Foundations, soils preparations, and slabs design to resist the effects of the expansive soils. • Where the project extends below the groundwater level, a mat foundation designed to resist hydrostatic pressures will be used to support tine building. The mat foundation and exterior walls will be water proofed and designed to resist hydrostatic uplift forces date to shallow groundwater and settlement of soils due to groundwater or seismic related movement. • Recommendations regarding appropriate foundation design, including type arid depth of foundation footings, bearing pressure, and lateral loads. 3.2.4 Greenhouse Gas Emissions The Met IS /MND found that the previous project would result in less- than- siginificantimpacts after implementation of rriitigation related to the generation. of greenhouse gas [GHG) emissions. Less- than-significant impacts were found to occur related to conflicts with all applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions. As discussed in The Met IS /MND, construction of the previous projectwould generate GHG emissions through the use of on -site heavy -duty construction equipment and off -site vehicle trips generated byconstruction workers as well as haul /delivery trucks that travel to and from the project site. Mobile source emissions would result from the use of construction equipment such as graders, scrapers, bulldozers, wheeled loaders, and cranes. Operational emissions would be generated by mobile, energy, waste, andwater consumption sources. The proposed projectwould also generate construction and operational GHG emissions that are expected to be similar, if not lower, as a result of shortening the construction phase from 22 months to 12 months and decreasing the amount of excavation required from 144,895 cubic yards to 34,000 cubic, yards. Therefore, the proposed project's contribution to GHG emissions would not exceed the amount previously analyzed and disclosed in The Met IS /MND. Furthermore, the proposed projectwould be required to implement all mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met IS /MND have been identified, and the proposed projectwould not representa substantial change from the previous conclusions in The Met IS /MND. Mitigation Measure GHG -1; Prior to the issuance of building permits, the project applicant will prepare a recycling /solid waste reduction plan that includes equal provisions for both recyclinge and solid waste facilities and provides recycliIIge and solid waste disposal services that are consistent with Municipal Code Section 1.6 -37. This plan is subject to review and approval by the City of Santa Ana Public Works Agency. The City will ensure that the proposed project includes a recycling /solid waste reduction program that can achieve a minimum reduction of 50 percent by volume. Mitigation Measure GHG -2: Prior to the issuance of building permits, the City of Santa Ana Planning and Building Agency will ensure that the proposed project incorporates energy conservation measures in Title 24's 2008 Building Energy Efficiency Standards into the design of the The Meta[ South Coast 36 Addendum 75A -84 City of Santa Ana Chapter 3. Environmental Impact Analysis proposed project that exceed mandatory requirements, and may include, but will not be limited to, the following: • Building form and orientation will maximize use of natural lighting. • Indoor /outdoor lighting will apply energy etfieiertttechnolo,gles, • Insulation and window glazing will minimize heat transfers to regulate internal temperatures. Building envelope and internal layout will be designed for efficient insulation, headng, and cooling of space. Hot water systems will Incorporate the latest technologies, s installation of efficient heating, ventilation, and air conditioning (FIVAC) units will minimize energy demands. Mitigation Measure GHG -3: Prior to the issuance of building permits, the City of Santa Ana Planning and Building Agency will ensure that the proposed project incorporates water conservation measures that may include, but will not be limited to, the following: • Use water- efficient landscaping, including drought tolerant, native, and appropriate climate zone species. Incorporate efficient irrigation systems, including drip, micrornisters, and smart irrigation controls. o Minimize the use of turf grass, and limit it to the athletic fields and smaller portions of the passive park areas. • Reduce potable water demands by installing water - conserving fixtures (low -flow faucets, toilets, urinals, etc.). 3.2.5 Noise The Met IS /MND found that the previous project would result in less - than - significant impacts after mplementation of mitigation related to generation of noise levels in excess of established standards and substantial temporary or periodic increases in ambient noise levels in the project vicinity, No impacts or less- than - significant Impacts were found to occur related to groundborne vibration, permanent increases in ambient noise levels, and being located within an airport land use plan or in the vicinity of a private airstrip. As a result of the proposed project's minor modifications to project elements, such as an increase in the numberof buildings constructed and a decrease in the amount of grading and construction duration, impacts are expected to be similar to those analyzed and disclosed in The Met IS /MND• Furtheranore, the proposed project would be required to implement all mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met iS /MND have been identified, and the proposed project would not represent a substantial change from the previous conclusions in The Met IS /MND. Applicable Mitigation Measures Mitigation Measure N01 -1: To reduce construction noise generated by the proposed project, the City will ensure that the contractor will implement the following measures: The Mee at south Coast March 2015 Addendum 3.7 75A -85 City of Santa Ana Chapter 3. Environmental Impact Analysis • All mobile or fixed noise- producing equipment used on the project that is regulated for noise output by a local, state, or federal agency will comply with such regulation while in the course of project activity, • Electrically powered equipment will be used instead of pneumatic or internal combustion powered equipment, where feasible, • Material stockpiles and mobile equipment staging, parting, and maintenance areas will be located as far as practicable from noise - sensitive receptors. • The use of noise- producing signals, including horns, whistles, alarms, and bells, will be for safety warning purposes only. • The onsite construction supervisor will have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the City will be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor, • Construction signs will be posted at the project site Identifying a contact name and phone - numberto register noise complaints. Mitigation Measure N01 -2: First row residential units within the project that face MacArthur Boulevard with planned exterior uses, such as balconies, will be provided with noise reduction barriers. Such barriers will provide a minimum noise transmission loss of 20 decibels 49. Mitigation Measure NOi -3: Air conditioning systems will be provided for all residential units that face MacArthur Boulevard to ensure that doors and windows can remain closed for prolonged periods of time. Mitigation Measure N01.4: All residential units that face MacArthur Boulevard will be fitted with acoustically rated windows (minimum Sound Transmission Class rating of 35) to reduce exterior /interior noise transmission, Additionally, any residential doors with a direct exposure to MacArthur Boulevard will meet a minimum 5tad Transmissinn Class &TG rating of 35 and be fitted with tight, seats, and vents and ventilation openings will be designed to ensure that the interior noise levels of the habitable rooms do not exceed 45 A- weighted decibels (dBA) community noise, gsluivalent level (level CNEL). Mitigation Measure N01.5: During design all residential units located within the 65 dBA CNEL content, for SR -55 and along MaCArthur$oulevard will be designed with insulation (minimum Sound Transmission Class rating of 35) to reduce traffic noise to the greatest extent practicable. 3.2.6 Public Services The Met IS /MND Found that the previous project would result in less- than - significant impacts after implementation of mitigation related to school services. Less- than - significant impacts were found to occur related to Fire and police protection services, parks, and other public facilities. As the proposed project would not increase the amount of units developed or the number of residents or students generated, impacts would be the same as those previously analyzed and disclosed in 'The Met IS /MND.Furthermore, the proposed project would be required to implement all mitigation measures as proposed in The Met IS /MND, which are listed below. No additional or new significant impacts that were not previously addressed in The Met IS /MND have been The Met at South Coast 8 March 20I5 Addendum 75A -86 City of Santa Ana Chapter 3. Environmental Impact Analysis identified, and the proposed project would not represent a substantial change front the previous conclusions in The Met IS /MND. Applicable Mitigation Measures Mitigation Measure PS -1: Consistent with City, Santa Ana Unified School DiatrlctSAUSD, and California Government Code Section 65995 requirements, the project applicantwill pay statutory school fees prior to issuance of building permits. The school fees paid will be those that are in effect at the time of receipt of building permits. 3.2.6 Traffic The Met IS /MND found that the previous project would result in less- than - significant impacts after Implementation of mitigation related to conflicts with an applicable plan and substantially increasing hazards because of a project design feature. No impacts or less - than - significant impacts were found to occur related to an applicable congestion management program, changes in air traffic patterns, inadequate emergency access, and conflicts with adopted policies regarding public transit, bicycle, or pedestrian facilities. Although the proposed project Includes minor modifications to project elements, such as shortening the construction schedule and moving access to the parking garage to via the shared driveway between the project site and the parking structure to the east, impacts are expected to be similar to those analyzed and disclosed in The Met IS /MND. Furthermore, the proposed projectwould be required to implement all mitigation measures as proposed in The Met IS /MND, which are listed below, No additional or new significant impacts that were not previously addressed in The Met IS /MND have been identified, and the proposed projectwould not representa substantial change from the previous conclusions in The Met IS /MND, Applicable Mitigation Measures Mitigation Measure TR•1: Prior to issuance of construction permits, the project applicant will develop a Construction Management Plan in coordination with the City of Santa Ana Traffic Engineer to address the following issues: • Designate traffic control for any street closure, detour, or other disruption to traffic circulation. • Identify the routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, dies, piping, windows), to access the site, traffic controls and detours, and proposed construction phasing plan for the project. 0 Specify the hours during which transport activities can occur and methods to mitigate construction - related impacts to adjacent streets. • Require the contractor to keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The applicant will clean adjacent streets, as directed by the City Traffic Engineer (ora representative of the City Traffic Engineer), of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Allow hauling or transport of oversize loads between the hours of 9:00 AM and 2:00 PM only, Monday through Friday, unless approved otherwise by the City Traffic Engineer. No hauling or transport will lie allowed during nighttime hours, weekends, or federal holidays. The Met at Somh Coast March 2015 Addendum '3 -g 75A -87 City of Santa Ana • Prohibit use of local streets. Chapter 3. Environmental Impact Analysis • Require haul trucks entering or exiting public streets to yield to public traffic. + Provide a flag person at the intersection of First American Way and First American Way (i.e., first location immediately east of the project site) to ensure that vehicle conflicts between haul trucks and all other vehicles are minimized. • Require that if hauling operations cause any damage to existing pavement, street, curb, and /or gutter along the haul route, the applicant will be fully responsible for repairs. The repairs will be completed to the satisfaction of the City Traffic Engineer. • Require all constructed - related parking and staging of vehicles to be kept out of the adjacent public roadways and instead be kept on site. • Meet the standards established in the current California Manual on Uniform Traffic Control Device (MUTCD) as well as City of Santa Ana requirements. Mitigation Measure TR -2: Prior to issuance of occupancy permits, the project applicant will be responsible for the installation of a stop sign and stop bar (stop line on the pavement) at the project driveway on First American Way. Turning movements will be restricted to "right -turn in /right -turn out' only. The stop sign and stop bar will be Identified in the projects plan check submittal documentation. the Met at South Coast 3 -10 March 2015 Addendum 75A -88 Chapter 4 References Printed References California Native Plant Society (CNPS). 2011. inventory of Rare and Endangered Plants (online edition, v7 -11). Sacramento, CA. Accessed: August 2011., 1CF International. 2011, Biological Resources and Jurisdictional Delineation Report for The Metat South Coast Project Site, City of Santa Ana, Orange County, California. September, Irvine, CA. The Met at South Coast March 2015 Addendurn 75A -89 Appendix A Environmental Checklist 1 AESTHETICS Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views to the area? 2 AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model( t997) prepared by the California Dept. of Conseivatlon as an optional model to use In assessing impacts on agriculture and farmland. In determining whether Imoacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's Inventory of forest land, Including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement molhodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? the Met at South Coast A-1 March 2015 Addendum 75A -90 CFj C CN `p id da C N_ z 3 C M ISSUES: NUn z= z5 zzKN jELL 1 AESTHETICS Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views to the area? 2 AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model( t997) prepared by the California Dept. of Conseivatlon as an optional model to use In assessing impacts on agriculture and farmland. In determining whether Imoacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's Inventory of forest land, Including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement molhodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? the Met at South Coast A-1 March 2015 Addendum 75A -90 City of Santa Ana . Appendix A. Environmental Checklist way C E N a® cZ m N U P eCa ISSUES: y ¢ — c) Conflict with existing zoning far, or cause v2 Lm rezoning of, forest land (as defined In Public CPY^ VI N'Y Resources Code section 12220(8)), timberland (as defined by Public Resources yry,a Code section 4526), or timberland zoned E} Timberland Production (as defined by p Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Result In the loss of forest land or conversion of forest land to non - forest use? Appendix A. Environmental Checklist • 3 AIR QUALITY Where available, the significance critere established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net Increase of any crhorla pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (Including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odor affecting a substantial number of people? 4 BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local e or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The Met at South Coast Addendum A -2 75A -91 way C E N 2 v2 Lm Cy CPY^ VI N'Y M yry,a E} p • 3 AIR QUALITY Where available, the significance critere established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net Increase of any crhorla pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (Including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odor affecting a substantial number of people? 4 BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local e or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The Met at South Coast Addendum A -2 75A -91 City of Santa Ana Appendix A. Environmental Checklist The Metal Scott) Coast A-3 March 2015 . Addendum 75A -92 ISSUES: w ot,S m ink for n,cy s o F K 'Fm IE m 2 inz� InU� 'GC rn c Em c= c�m$ E u EaH ;N 3 a Z 6 N , ZZQ.EnE c c U 8�� w 0 m m E b) Have a substantiat adverse effect on any riparian habitat or other sensitive natural community identified In local or regional plans, policies, and regulations or by the + California Department of Fish and Game or U. 5, Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal + pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other ',.. means? d) '', Interfere substantially with the movement of ".. '.. any native resident or migratory fish or wildlife species or with established native !. resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? a) Conflict with any local policies or ordinances protecting biological. resources, such as a tree preservation policy or + ordinances? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5 CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change In the significance of a historical resource as defined in § 15064.5? a) Cause a substantial adverse change In the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, Including those Interred outside of formal cemeteries? The Metal Scott) Coast A-3 March 2015 . Addendum 75A -92 City of Santa Ana MUM G GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, Including the risk of loss, injury, or death Involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map Issued by the State Geologist for the area or based on other substantial evidence of a known fault? it) Strong seismic ground shaking? fit) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result In substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that Is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18.1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 7 GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Appendix A. Environmental Checklist d rnp m c rn EE aq r�� ar a c °CE °Yi'.a 1 g zec 3§ zzaiiE g mui a s s a The Met at South Coast March 2015 Addendum A-4 75A -93 City of Santa. Ana Appendix A. Environmental Checklist V c9 0.D cud 7$ 5. 'E} vu aF o K E ii our �a9 VN appe 21 L �•C �) N C�� LD N O N RN Oy 2 m r`Ou .P LAS .P r'ziU NON AJG &�' L� 61�Ym N E 4W'N Z Z s ZZC,N y 6 ISSUES: Nrca NUY �6LL 8 HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials Into the environment? G) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within on"uarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a. result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result In a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair Implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 0 The Met at South Coast A-5 March 2015 Addendum 75A -94 City of Santa Ana Appendix A. Environmental checklist The Met at South Coast March NOES Addendum A-6 75A -95 e a e z C $ E g m rnwo e C N 6 Ile Issues: F y z.S zP 2x4¢%n yis2 r'n ii i4 9 HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? ° b) Substantially deplete groundwater supplies or Interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the '... o production rate of pre- existing nearby wells would drop to a level which would not '... support existing land uses or planned uses '.. for which permits have been granted)? c) i Substantially alter the existing drainage pattern of the site or area, including through', the alteration of the course of a stream or river, . in a manner which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage I pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner in which would result in flooding on- or off- site? a) Create or contribute runoff water which would exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff? I) Otherwise substantially degrade water quality? gY Place housing within a 106 -year flood hazard area as mapped on federal Flood Hazard Boundary or Flood Insurance Rate ° Map or other flood hazard delineation map? h) Place within a i 60 -year flood hazard area structures which would Impede or redirect flood flows? 1) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as aresult of the ° failure of a levee or dam? The Met at South Coast March NOES Addendum A-6 75A -95 City of Santa Ana Appendix A. Envlronmemal Checklist 90 LAND USE AND PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, speck plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? �) l Conflict with any applicable habitat conservation plan or natural community conservation plan? II MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 12 NOISE Would the project result In: aj Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? c) A substantially permanent Increase In ambient noise levels in the project vicinity above levels existing without the project? n 0 r a The Met at South Coast A-7 March 2015 Addenduru 75A -96 m a M1Z 1Y ,2 d 0 p > a = a c pcn eaa o0 ov o� a9mtt rv� y a�tt.E Z ainm p.mgm cut3 CGO G1N V! CS' �p 6^�NIC �'Z6 yy 5.42ie� `p2 3i vri' m aE ISSUES: ,a�� K mum Z 1 T) r-- - jj Inundation by selche, tsunami, or mudflow? i 90 LAND USE AND PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, speck plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? �) l Conflict with any applicable habitat conservation plan or natural community conservation plan? II MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 12 NOISE Would the project result In: aj Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? c) A substantially permanent Increase In ambient noise levels in the project vicinity above levels existing without the project? n 0 r a The Met at South Coast A-7 March 2015 Addenduru 75A -96 City of Santa Ana Appendix A. Environmental Checklist 13 POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 14 PUBLIC SERVICES Would the project: a) Result in substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: 1) Fire protection? ii) Police protection? a r The Met at South Coast Addendum AS 75A -97 Sz c Z� E a WWI C O vS eel f7 r e u C p Gg V1C �6 issues: �'n�a yug °zl c a Ew d) 'A substantial temporary or periodic increase' In ambient noise levels in the project vicinity s above levels existing without the project? a) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working In the project area to excessive noise levels? 13 POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 14 PUBLIC SERVICES Would the project: a) Result in substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: 1) Fire protection? ii) Police protection? a r The Met at South Coast Addendum AS 75A -97 City of Santa Ana Appendix A. Environmental Checklist 15 RECREATION Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities . such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 16 TRANSPORTATION Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, Including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change In location that results in substantial safety risks? The Met at South Coast Addendum A -9 75A -98 e y m m a O c Na v� NG .Sgo 6 K� C am 9 ry �!-° , Nc eE C bri°' c�a rte. tmr �} E °mw� m �� pv Lam O wBl a vEy wC. mdb N a Cpl GibN('q EH CO 4y"NW .aCjd Z IS ISSUES:' ill) Schools? iv) Parks ?_. v) Other public facilities? 15 RECREATION Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities . such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 16 TRANSPORTATION Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, Including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change In location that results in substantial safety risks? The Met at South Coast Addendum A -9 75A -98 e City of Santa Ana 17 UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result In the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? n Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The Met at South Coast A -10 Addendurn Appendix A. Environmental Checklist ac cZd z e m Lim CS, U�a o�gg CC2 .P b ISSUES: d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or Incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or 0 0 programs regarding public transit, bicycle, .QN or pedestrian facilities, or otherwise .°. AC decrease the performance or safety of such ''.. N facilities? E n 17 UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result In the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? n Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The Met at South Coast A -10 Addendurn Appendix A. Environmental Checklist 75A -99 r r r M r March 2015 g M C n z e m Lim CS, o�gg 0 0 rAZ .QN S .°. AC �OS N em E n 5syg tia 32 Z }y�#yy m m E 2 C C 2ZatN r1 E W mom 75A -99 r r r M r March 2015 City of Santa Ana Appendix A. Environmental Checklist The Met at South Coast A-11 March 2015 Addendum 75A -100 ISSUES: i❑ c c,n G OrN CG4 '3y a em c�� �0 �ni C4'OF GG u as youm m OY/1 SN 3z z S m'S mCC wy 'SO ;g J og °ao!9 "SSE O'yd� E2gi� ;•_m z z in ¢ m = •� Q,n "m CADS Ly6 ry4 X{ E'o .] 18 MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have Impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the Incremental effects of a project are considerable when viewed In connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or ' Indirectly? The Met at South Coast A-11 March 2015 Addendum 75A -100 ROM - 04/21/15 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LEGADO AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Amended Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on March 23, 2015, recommended approval of this Amended Development Agreement. D. Entering into this Amended Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owner of Legado at The Met to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. E. The project and the use that the owner proposes in connection with the property have been extensively reviewed and considered by the City, and such proposed development and use have been found to accommodate the City's recommendations and suggestions in order to protect the public's interest to enhance the desirability of such proposed development and use. The terms and conditions of this Amended Development Agreement have been found to be fair, just and reasonable, and the City has concluded that the pursuit of the Project will serve the interests of the City. Ordinance No. NS -XXX Page 1 of 3 75A -101 F. The City Council has held a noticed public hearing on this Ordinance and has considered all testimony presented thereto. G. Additionally, an addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46, has been approved and certified by this Council by resolution simultaneously with the introduction of this ordinance. K The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated April 21, 2015, together with all supporting documents, including but not limited to, proposed resolutions, which are incorporated herein by this reference, I. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The Amended Development Agreement, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such non - substantive changes as may be authorized by the City Manager and City Attorney, The Clerk of the Council is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office, Section 3. This ordinance shall not be effective unless and until Resolution No. 2015- is adopted and becomes effective. If said resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS -XXX Page 2 of 3 75A -102 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers U1yNy 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 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 75A -103 Ordinance No. NS -XXX Page 3 of 3 75A -104 Exhibit "A" Development Agreement SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 21 75A -105 75A -106 ROH — 04/21115 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2015 -02 AS CONDITIONED AND APPROVING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, ENVIRONMENTAL REVIEW NO. 2011 -46, FOR THE PROPERTY LOCATED AT 200 EAST FIRST AMERICAN WAY 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. Legado Companies is requesting approval of an amendment to an existing development agreement and site plan review to allow the construction of a multifamily residential project with 284 units at 200 East First American Way. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on March 23, 2015, and voted to recommend that the City Council: T. __..___Appr"ov"e" and adopt the " add to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46; and, 2, Adopt a resolution approving Site Plan Review No. 2015 -02 as conditioned; 3. Adopt an ordinance approving amendment to Development Agreement No. 2012 -01 from The Met Development project to Legado at The Met, LLC (DA No. 2015 -01). C. The Applicant is requesting site plan approval for the project (Site Plan Review No, 2015 -02). The zoning designation for the subject property is Specific Development Plan No. 43 (SD -43). Section 41- 593,5(c) of the Santa Ana Municipal Code requires review of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. The project has been determined to be in compliance with all applicable development standards outlined within the Specific Resolution No. 2015 -xxx 75A -1 07 Page 1 of 4 Development Plan (SD -43), as well as all applicable parking, landscaping and architectural provisions governing the project. D. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The City Council has reviewed and considered the information contained in the addendum to the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2011 -46, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the addendum to the mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council again finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the addendum to the mitigated negative declaration and mitigation monitoring program and directs that any necessary Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3, The City Council of the City of Santa Ana after conducting the public hearing hereby_ app roves: A. Site Plan Review No. 2015 -02 as conditioned in Exhibit "A" attached hereto and incorporated herein; and, B. The addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46, attached as Exhibit "B" hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated April 21, 2015, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Resolution No. 2015 -xxx Page 2 of 4 75A -108 Section 5. These decisions rendered by the City Council of the City of Santa Ana are final and are subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the applicant of the Council's decisions and these findings. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City AttorngW City AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2015 Miguel A. Pulido Mayor 75A -109 Resolution No. 2015 -xxx Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A -110 Resolution No. 2015 -xxx Page 4 of 4 Conditions for Approval for Site Plan Review No. 2015 -02 Site Plan Review No. 2015 -02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply In full with each and every condition listed below prior to exercising the rights conferred by this site plan review approval. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review approval. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2014 -19 and the staff report exhibits unless noted otherwise below. 2. Any amendment to this site plan must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the Site Plan Review must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved 4. A Parking Management Plan documenting how the tandem parking stalls along with other parking operation will function must be submitted and approved prior to submittal into building plan check. The project shall incorporate on -site professional property management for the residential component. Prior to submittal into building plan check, detailed elevations, including revisions to the courtyard /interior elevations, shall be submitted to include exterior finishes, materials, and colors subject to approval of the Planning Division. All parking for the project shall be made available free of charge. Two assigned parking spaces per dwelling unit shall be provided. 8. A Public Art Plan which proposes a specific work(s) of art for a specific location(s) shall be submitted to the Planning Commission for review and approval. All public art approved by the Planning Commission shall be completely installed prior to the issuance of a certificate of occupancy for the project. Exhibit "A" 75A -111 SPR NO. 2015-02 APRIL 21, 2015 PAGE 2 OF 6 9. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscape plan. The exact specifications for these items are subject to the review and approval of the Planning Division. 10. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 11. A detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for all common amenity areas as well as an installation plan. The exact specifications for these items are subject to the review and approval of the Planning Commission. The amenity areas and common courtyards shall be maintained in the same condition as installed at the time of occupancy. 12. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of one water feature within — - -- each - public — plaza, — interior - courtyard /pool- deepand- include elevations, -- hardscape design, lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Division. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. 13. At a minimum, the following items must be included as exterior amenities for the development: bike racks, enhanced paving on the walkways, an outdoor fireplace, barbeque and a pool on the amenity deck. The exact specifications for these items are subject to the review and approval of the Planning Division. 14. An interior building amenity plan of the Community Room must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes and equipment to be provided in these rooms. The exact specifications for these items are subject to the review and approval of the Planning Division. Exhibit "A" 75A -112 SPR NO. 2015-02 APRIL 21, 2015 PAGE 3 OF 6 15. The following items must be included as interior amenities within the common areas: granite counter tops, hardwood flooring or equivalent, and gas fireplaces. The exact specifications for these items are subject to the review and approval of the Planning Division. 16. The following items must be included as interior amenities within each unit: granite counter tops or equivalent, hardwood flooring or equivalent, General Electric Monogram appliances or equivalent, tiled bathroom and shower walls, stain grade hard wood cabinets and individual laundry hook -ups. The exact specifications for these items are subject to the review and approval of the Planning Division. 17. An elevator lobby plan of each lobby must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the finishes and flooring to be provided. The exact specifications for these items are subject to the review and approval of the Planning Division. 18. Pedestrian walkways shall be provided through the project. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters. The materials and design of the walkway is subject to the review and approval of the Planning Division. - --20 Castiron- drain- pipes - shall- be providedfo-r- the- projeet---- - - - - -- 21. Smart wiring, including cable television and high -speed cable for computers, shall be provided for each unit and within the project's common areas. 22. Signage to direct customers and guests to the adjacent parking structure shall be provided, A directional sign plan needs to be submitted and approved by the Planning Division prior to issuance of a certificate of occupancy. 23. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 24. Prior to issuance of building permits, a Waste Management Plan shall be submitted to the Planning Division for approval. The plans shall include information on items such as pick -up, delivery, and types of bins required. The plan shall fully address operational as well as daily management functions and responsibilities. Exhibit "A" 75A -113 SPR NO. 2015-02 APRIL 21, 2015 PAGE 4 OF 6 25. Prior to occupancy of any units, a rental housing execution plan must be submitted to the Planning Division for review and approval. At a minimum, the plan shall identify the location of employee and visitor parking, the location of the rental office, hours of operation for the rental office, and signage affiliated with the Rental Housing Operational Plan. In addition, the rental plan must clearly note that the parking and project amenities must be provided free of charge to the residence. 26, Prior to submittal into building plan check, the design for the courtyard gates shall be submitted to the Planning Division for approval. The fences /gates shall be decorative and ornamental in nature as they are the entries to the interior courtyards. 27. The following best management practices (BMPs) need to be incorporated into the project construction and operation to minimize greenhouse gas impacts: a. Install energy efficient lighting, appliances, heating, and cooling systems. b. Install efficient lighting for street and other outdoor lighting. C. Reduce unnecessary outdoor lighting. d. Provide education on energy efficiency to residents and /or tenants. e. Install water - efficient irrigations systems and devices. f. Design buildings to be water - efficient. Install water - efficient fixtures and Provide education about water conservation. Provide easy and convenient recycling opportunities for residents and tenants. Provide education on recycling waste. 28. Designated outdoor common or residential areas shall provide outdoor signage informing the public of the presence of operating aircraft. 29. Prior to the issuance of any building permit, a storage plan shall be submitted and approved indicating storage areas measuring a minimum of 256 cubic feet per residential unit within the project's garage and assigned to each unit at no additional 31. Prior to submittal into building plan check, provide revised plans reflecting the following changes: a. Minimum 136 (49 %) total units containing two and three bedrooms. b. Average overall project unit size of 915 square feet. C. Smallest unit to be no smaller than 614 square feet for a maximum of nine units. Exhibit "A" 75A -114 SPR NO. 2015-02 APRII- 21, 2015 PAGE 5OF6 d. Minimum 255 square feet per unit of open space. e. Maximum 257 tandem parking stalls (42 %). f. Addition of the following amenities: yoga veranda, business center, game lounge and pet park. g. Minimum 1,900 square foot fitness center. h. Minimum 1,625 square foot pool. 32. Project and amenities shall be consistent in quality, detail and finishes with all graphics, exhibits and other representations submitted by the applicant. 33. Project shall feature clear anodized aluminum windows to match proposed storefront system. B. Police Department I. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including security personnel, surveillance /camera equipment (on each floor of parking structure, stairwells, and elevator lobby /cab) with internet viewing capability for the tenants of the project, and access control hardware. The project will be required to have a minimum of two state licensed uniformed security personnel. One security officer- will - be- r-equir-ed- for - the - residential- buildings- and -one for -the- parking - garage. Entrances /exits to the parking structure must be equipped with rolling overhead gates. Redesign Elevator lobby -- Remove elevator alcove and provide a secure lobby enclosed with fire rated glass partitions. A minimum 12 -inch shatterproof convex mirror shall be installed at each stair landing. All doors leading into stairwells shall be equipped with a minimum 5 -inch by 20 -inch fire rated window. The last flight of stairs shall be fully enclosed at its base. The elevator /stairwells serving the parking structure of the project shall be equipped with card readers at the garage levels to restrict unauthorized access into the residential areas. The elevator lobby shall be designed and constructed of material that allows maximum visibility of the interior of the lobby from the parking decks, Glazing material will be used to its maximum extent. Alternate means and methods can be proposed that mitigate the concerns specified above with Police Department approval. 2. The City of Santa Ana parking structure design standards shall be followed in its entirety. 3. Duress alarms allowing voice communication with security personnel shall be placed in strategic locations, approved by the Police Department, throughout the parking garage. Exhibit "A" 75A -115 SPR NO� 2015 -02 APRIL 21, 2015 PAGE 6OF6 4. All project walkways shall be illuminated to a minimum maintained 1 footcandle of light. A repeater may be required for the project to insure adequate Police and Fire Communications from within the structures. Exhibit "A" 75A -116 Exhibit "B" Mitigated Negative Declaration Addendum SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 22 75A -117 75A -118 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2015 -2016 (STRATEGIC PLAN NO 2,2; 2,4; 5,4; 5,6) CITY RECOMMENDED ACTION 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 APR 2 1 2015 FILE NUMBER 1. Approve the proposed Fiscal Year 2015 -2016 Community Development Block Grant Program; 2. 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, subject to non - substantive changes approved by the City Manager and City Attorney. FINANCE, ECONOMIC DEVELOPMENT, AND TECHNOLOGY COMMITTEE At a Special Meeting on March 18, 2015, the Finance, Economic Development, and Technology (FEDT) Committee received a presentation on the Community Development Block Grant Fiscal Year 2015 -2016 Funding Process and Recommendations. Committee members discussed the need for the Small Business Incentive Program to include businesses that are within the first three years of operation. In response to committee member request for information, the following are statistics for the Santa Ana Police Department Homeless Evaluation /Assessment Response Team (HEART) Program: Since the implementation of HEART in 2012, staff has contacted over 1,100 individuals, enrolled 743 for services, and successfully connected 445 with necessary services. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its Regular Meeting of February 11, 2015, the Community Redevelopment and Housing Commission (CRHC) directed staff to transmit funding recommendations for fiscal year 2015- 2016 Community Development Block Grant public service programs to the City Council by a vote of 4:0 (Leon abstained) for the Public Law Center, and 5:0 for all other nonprofit organizations (Exhibit 1). 75B -1 CDBG Program FY 2015 -2016 April 7, 2015 Page 2 DISCUSSION The City of Santa Ana ( "City ") receives an annual allocation of Community Development Block Grant (CDBG) funds from The United States Department of Housing and Urban Development (HUD) to improve low to 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 /public services, economic development and code enforcement. The City's CDBG allocation for fiscal year 2015- 2016 is $5,434,375, approximately two percent lower than the current year 2014 -2015. A maximum of fifteen percent of the CDBG allocation may be used for public /social services. Since fiscal year 2009 -2010, the entire public service allocation was utilized to fund city administered programs. Direction was given by City Council to release a portion of the available funds to nonprofit organizations for fiscal year 2015 -2016. Applications were developed to award $340,000 of CDBG funds to experienced nonprofit organizations for the provision of public services for the period of July 1, 2015 through June 30, 2016. The established minimum funding amount per grant was set to $30,000. Marketing efforts to reach nonprofit organizations regarding the availability of funding included a dedicated CDBG webpage, Nixle and Facebook announcements and the mailing of a flyer. In addition, CDBG trainings were conducted to inform nonprofit organizations of the federal and local grant requirements. A total of 106 organizations were represented at the trainings and of those organizations, 37 applications for funds were received, of which 35 met the requirements of the grant. The Community Redevelopment and Housing Commission (CRHC) rated the 35 viable applications and heard presentation from representatives of the nonprofit organizations at a public hearing on January 14, 2015. Staff compiled the ratings from the commissioners and ranked the organizations. At its regular meeting on February 11, 2015, CRHC recommended funding of the top ten organizations. The rating results and recommended funding amounts are summarized in Exhibit 1. The recommended funding amounts for the nonprofit organizations equals $340,000, with the exclusion of the Orange County Fair Housing Council, which will be funded out of program administration, as in previous years, and as allowable by CDBG regulations. City administered public service programs will not receive a CDBG allocation equal to current year 2014 -2015 funding, due to the funds that will be granted to nonprofit organizations, and due to the CDBG HUD allocation decrease for fiscal year 2015 -2016. A General Fund allocation of $358,872 will be set aside for the city administered public service programs to supplement the loss of these funds. Two of the programs will receive General Fund and two others will receive a combination of General Fund and CDBG. The proposed fiscal year 2015 -2016 CDBG program and budget (Exhibit 2) consists of the CRHC's funding recommendations for nonprofit public service programs and staff's funding recommendations for program administration, code enforcement, economic development, capital improvements, city administered public services, and housing programs. If this item is approved, 75B -2 CDBG Program FY 2015 -2016 April 7, 2015 Page 3 staff will prepare and execute agreements with nonprofits for the period of July 1, 2015 through June 30, 2016 (Exhibit 3). 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. The plan must be submitted to HUD by May 15, 2015. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #2 (Youth, Education, Recreation), Objective #2 (Focus resources on quality youth engagement, enrichment and education programs through community center, libraries and after - school programs during out -of- school hour), Objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents), and Goal #5 (Community Health, Livability, Engagement & Sustainability), Objective #4 (Support neighborhood vitality and livability), Objective # 6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT Funding for the program will be available in the Community Development Block Grant accounts (no. 13518780, 13518781, 13518782, 1351873) upon execution of a grant agreement between the City and HUD. Community Development Agency KR/SS /SV /sb APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: 1. CRHC Public Service Recommendations 2. Program Recommendations 3. Nonprofit CDBG Agreement 75B -3 75B -4 Community Redevelopment and Housing Commission (CRHC) Nonprofit Public Service Recommendations Community Development Block Grant (CDBG) 2015 -2016 * Orange County Fair Housing Council is excluded from the calculation of $340,000 for nonprofit organizations and the 15% Public Services Cap. Funding will be from the 20% Administrative Cap as allowable by CDBG. ** Nonprofit organizations with 0 in the recommended action are not recommended for funding. EXHIBIT 1 75B -5 Minimum CRHC Funding Funding Recommended Rank Score Or anization Type of Service Re uested Re uested Fundin KidWorks Community Child/Youth Tutoring & Family 1 94.0 Development Corporation Workshops $75,000 $45,000 $ 56,000 Child/Youth Mentoring & 2 1 93.8 America On Track Family Workshops $50,000 $30,000 $ 30,000 Council on Aging - Orange Senior /Disabled Healthcare 3 93.5 County Enrollment $75,000 $30,000 $ 35,250 4 93.3 WISEPlace Homelessness Transition $30,000 $30,000 $ 30,000 Child/Youth Domestic Violence 5 91.0 Human Options Awareness $33,8051 $30,000 $ 30,000 Orange County Fair Housing 6 90.3 Council * Fair Housing Education $69,000 $67,000 $ 65,964 Youth Tutoring & Family 7 90.0 The Cambodian Family Workshops $50,000 $45,000 $ 45,000 8 89.3 Public Law Center Tenant Legal Assistance $40,000 $30,000 $ 33,750 9 89.3 Boys & Girls Club of Santa Ana Child Education & Enrichment $75,0001 $50,000 $ 50,000 Orange County Children's 10 88.3 Therapeutic Arts Center Child/Youth Music Education $75,000 $30,000 $ 30,000 11 87.5 Mercy House Living Centers Homeless Prevention $50,000 $30,000 0 Big Brothers Big Sisters of 12 87.0 Orange County Youth Education $75,000 $30,0001 0 Orange County Community 13 86.5 Housing Corporation Youth Education $75,000 $30,000 0 14 86.3 Illumination Foundation Child/Youth Education $50,000 $30,000 0 15 85.8 Serve the People Food $46,000 $30,000 0 Achievement institute of 16 85.8 Scientific Studies Youth Education $75,000 $50,000 0 Goodwill Industries of Orange 17 85.5 County, Inc. Employment $60,0001 $50,000 0 * Orange County Fair Housing Council is excluded from the calculation of $340,000 for nonprofit organizations and the 15% Public Services Cap. Funding will be from the 20% Administrative Cap as allowable by CDBG. ** Nonprofit organizations with 0 in the recommended action are not recommended for funding. EXHIBIT 1 75B -5 75B -6 Minimum CRHC Funding Funding Recommended Rank Score Organization Type of Service Requested Requested Funding Girls Incorporated of Orange 18 84.5 County Youth Mentorship $41,744 $35,000 0 OncOC - Children's Health Child/Youth Healthcare 19 84.0 Initiative of OC Enrollment $70,000 $50,0001 0 Career Beginnings of Orange 20 83.3 County Youth Education $32,100 $30,100 0 21 82.0 TKO Youth Foundation Youth Recreation $30,000 $30,000 0 Gay & Lesbian Community 22 81.5 Services Center of OC Senior Recreation $35,000 $20,000 0 Consumer Credit Counseling Housing and Financial Literacy 23 80.8 Service Orange County Education & Counseling $65,000 $30,000 0 The Orange County Center for Youth Mentoring & Art 24 79.8 Contemporary Art Education $53,347 $45,000 0 Charitable Ventures of OC - Released Offender Case 25 79.3 Project Kinship Management & Referrals $75,000 $30,000 0 26 78.8 The Heart of Delight Homeless Services $45,000 $30,000 0 27 78.3 Padres Unidos Parent Education $71,283 $32,891 0 28 78.0 Relam a o del Cielo Inc. Youth Art Education $36,600 $30,000 0 29 77.0 Delhi Center HIV /AIDS Program Resources $50,0001 $30,000 0 Valley Falcon Aquatics 30 74.3 Foundation, Inc. Youth Recreation $30,000 $30,000 0 Assistance League of Santa 31 72.0 Ana Child/Youth Oral Health $65,000 $30,000 0 AIDS Services Foundation of 32 70.3 Orange County Food Pantry $40,000 $40,000 0 33 65.3 The Villa Center, Inc. Drug and Alcohol Treatment $32,730 $30,000 0 34 65.0 Fair Housing Foundation Fair Housing Education $67,517 $60,0001 0 Charitable Ventures of OC - 35 57.0 Child Creativity Lab Youth Education $30,626 $30,000 0 75B -6 CDBG FUNDING PLAN FY r APPROVED REQUESTED RECOMMENDED GENERALFUND PROGRAM FY 14 -15 FY 15 -16 FY 15 -16 SUPPLEMENT ADMINISTRATION & PLANNING 1,020,911 $ Administration and Planning $ 1,044,520 $ 1,044,520 $ Fair Housing Council of Orange County $ 67,517 $ 67,517 $ CODE ENFORCEMENT 75,000 $ Community Preservation Code Enforcement $ 850,990 $ 799,555 $ Community Preservation Legal Services $ 48,925 $ 50,000 $ ECONOMIC DEVELOPMENT New Business Start-Up PUBLIC SERVICES PD -HEART Program PD -PAAL Program PRCSA- Library Tutors PRCSA- Project Pride PRCSA- Senior Meals KidWorks CDC America On Track Council On Aging WISE Place Human Options The Cambodian Family Public Law Center Boys & Girls Club of Santa Ana OC Childrens Therapeutic Arts Center $ 391,400 $ 75,000 $ 48,374 $ 279,575 $ 269,095 $ 159,585 $ 77,398 75,000 301,941 349,040 164,949 80,000 75,000 50,000 75,000 30,000 33,000 50,000 40,000 75,000 75,000 $ 1,086,875 1,020,911 $ 65,964 Pacific Electric Park Construction $ 849,555 $ 1,460,234 799,555 1,460,234 Park Improvements 50,000 75,000 $ 500,000 75,000 $ 1,053,443 815,155 1,500,000 $ 2,121,296 $ 48,374 202,257 $ 77,318 195,500 $ 73,595 $ 159,585 77,398 56,000 30,000 35,250 30,000 30,000 45,000 33,750 50,000 30,000 CITY CAPITAL IMPROVEMENTS $ 4,227,790 Pacific Electric Park Construction $ 1,053,444 $ 1,460,234 $ 1,460,234 Park Improvements $ 500,000 Residential Street Improvements $ 1,053,443 $ 1,500,000 $ 2,121,296 Sidewalk Improvement $ 96,260 $ 96,260 Neighborhood Sponsored Improvements $ 50,000 $ 50,000 HOUSING $ 1,320,000 Single Family Rehab -City $ 489,250 $ 700,000 $ 700,000 Multi Family Rehab $ 489,250 $ 500,000 $ 500,000 Homebuyer Down Payment Assistance $ 117,420 $ 120,000 $ 120,000 TOTAL $6,440,186 $7,937,016 $ 8,374,375 $ 358,872 (Genera /Fund) CDBG ALLOCATION $ 5,560,186 $ 5,434,375 $ 5,434,375 CDBG RE- ALLOCATION - AVAILABLE $ 880,000 $ 2,940,000 $ 2,940,000 SURPLUS /(DEFICIT) $ (0) $ 437,359 $ - ADMINISTRATION CAP 20% OF ALLOCATION $ 1,112,037 $ 1,086,875 $ 1,086,875 ADMINISTRATION PROPOSED $ 1,112,037 $ 1,112,037 $ 1,086,875 SURPLUS /(DEFICIT) $ 0 $ (25,162) $ - PUBLIC SERVICE CAP 15% OF ALLOCATION $ 834,027 $ 815,155 $ 815,155 PUBLIC SERVICE PROPOSED $ 834,027 $ 1,473,930 $ 815,155 SURPLUS /(DEFICIT) $ (0) $ (658,775) $ 0 EXHIBIT 2 75B -7 v `a H 0 a` b H u1 ti O N L. 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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NONPROFIT ORGANIZATION NAME FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this 1 st day of July, 2015, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "CITY ") and Nonprofit Organization Name, a California nonprofit corporation ( "SUBRECIPIENT "). RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Cram ( "CDBG'J Entitlement Program, Catalog of Federal Domestic Assistance (CFDA) Number 14.218, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. C' CDBG REGS'J. B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended ( "ACT "). C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program ". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A -1 (Outcome Tracking). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECD'IENT'S OBLIGATIONS A. Nonprofit Status - Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to he performed and provided EXHIBIT 3 75B -13 4/2015 hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Gant/Term and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $0ll,00d ( "CDBG FUNDS "), and such finds shall be expended by SUBRECIPIENT on or before June 30, 2016, The Tenn of this Agreement may be extended by a writing executed by the City Manager or his or her designee and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more frilly set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the grant application if the CTTY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto mid by this reference incorporated. herein. SUBRECIPIENT'S failure to perform as required pray, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT herermder. D. Allowable Costs. SUBRECIP.IENI' agrees to complete said program on or before June 30, 2016 and to use said Funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be Bruited to, wages, administrative 75B -14 4/2015 costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by Us reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency or designee, so long as the total budget amount does not increase. In accordance with 2 CFR 200.414, the CITY will honor SUBRECIPIENT's approved federally recognized indirect cost rate or if no such rate exists a de minims indirect cost rate of ten percent (10 %) shall be used as set forth in "Exhibit B ". E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning.. SUBRECIPIENT agrees that any facility /property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or perms, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility /property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.. I. Record Keeping/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: 75B -15 4/2015 (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CPR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race /etbn icity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, phis all other invoices aid proof of payment for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both; an original invoice /request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. b. Quarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year -to -date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United States Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and /or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT 75B -16 412015 are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Len& of Record Keeping, All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment tinder this Agreement. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above- referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Proeram Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CIFY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment ", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or IIUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof If SUBRECIPIENT engaged in fraudulent activity to obtain and /or justify expenditure of the CDBG funds granted hereunder, 75B -17 4/2015 SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and /or spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non - expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non - expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPMNf hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. S. Lobbying, SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in 'Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any stuns to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a 'Disclosure Form to Report'. Lobbying," in accordance with its instructions (Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontractors, sub - grants, and contracts under grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - malting process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG- assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (I8 U.S.C. 874 or seq.) and its implementing regulations of the U.S. Department of Labor at 29 CPR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. 75B -18 4/2015 SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low -and moderate - income persons residing within the community where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements Cost Principles and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 of al.SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318 -326. Y. Subpart I{ of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CPR Part 52. Z. Women- and Minority -Owned Businesses (W/MBE) SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms ". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one percent (51 %) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African - Americans, Spanish - speaking, Spanish surnamed or Spanish. heritage Americans, Asian- Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 75B -19 42015 b CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CfFTs 2015 -2016 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2015 -2016 pursuant to this Agreement up to a maximum aggregate payment of Dollars ($00,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursement requests. CITY shall pay such invoices/reimbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day - today operations of each grant and subgram supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non - compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CfrY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. 75B -20 4/2015 III. NONDISCRE IINATION 1. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. 2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. 3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. 4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. 5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CPR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Frather, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): 75B -21 42015 A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terns of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repaus to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M -25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 -1988 TO SUBRECIPIENT: Organization Contact Address Line I Address Line 2 Address Linc 3 m 75B -22 42015 VDI ASSIGNABILrrY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE 1, Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self - insurance and CITY. Governmental entities may provide proof of self - insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self - insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPMNT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, 11 75B -23 nams participants or other agents to utilize then own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may provide proof of self - insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. M. RE VE RSION OF ASSETS A. Upon the expiation of this Agreement, SUBRECIPIENTf shall transfer to CITY any CDBG funds on hand at the time of the expiation of this Agreement as well as any accounts receivable attributable to the use of CDBG fimds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CPR 570.208 until five (5) yeas after expiation of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to C= an amount equal to the current fan market value of the property less any portion of the value attributable to the expenditure of non -CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current 12 75B -24 4/2015 market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 2 CFR 200313(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, aclmowledge and deliver, to CTTY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CTTY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph M. REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CTTY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CTTY and HUD. 01 -OWAVRMVV MOO A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 2 CPR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CTTY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to b terminated, however, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was made, the CITY may terminate the award in its entirety. 13 75B -25 4/2015 E. The grant of funds under this Agreement may be terminated due to the non - performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E, inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XM. LD41TATION OF FUNDS The United. States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend fiords, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in finding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECfPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVPl'Y AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any mamier whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING TIUS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. CLOSE -OUT The SUBRECIPIENT's obligation to the CITY shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to: malting final payments; submitting final invoice(s), report(s), in accordance with this AGREEMENT, and documentation; disposing of program assets (including the return to the CITY of all unused materials and equipment); remitting any receivable accounts to the CITY and determining the custodianship of records. 14 75B -26 4/2015 The SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. XVII. VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVM. WAIVER No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. XIX. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below 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 and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on folluivingpage). 15 75B -27 anois IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LISA E. STORCK Assistant City Attorney 75B -28 SUBRECIPIENT: Name: Title: Tax ID: DUNS #: City of Santa Ana Scope of Work Name of Organization Name of Funded Program Annual Accomplishment Goal I. Total number of unduplicated Participants (Santa Ana and Non -Santa Ana participants) anticipated to be served by the funded program, named above, during the 12 -month contract period. LI Participants II. Number of ONLY unduplicated Santa Ana Participants to be served by the funded program, named above, during the 12 -month contract period. 0 Particlpants Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12 -month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Schedule of Performance Estimate the number of ONLY unduplicated Santa Ana participants to be served by the funded program during the 12- month contract period per quarter. (Enter number of new Santa Ana Participants served each quarter. If they were served in quarter 1 do not count them again in quarter 2 Quarter 1: July 1 - September 30 Participants Quarter 2: October 1 - December 31 Participants Quarter 3: January 1 - March 31 Participants Quarter 4: April 1 -June 30 Participants 0 Total unduplicated Santa Ana Participants to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested durin the 12 -month contract period on a quarterly basis. Quarter 1: July 1 - September 30 0 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 $ - Total Grant Exhibit A Page 1 of 1 75B -29 Organization Name Program Name Program Year 2015 -2016 Final Budget Expenditures Category Expenses Funded by Santa Ana CDBG Expenses Funded by Other Sources Total Program Budget Total Organizational Budget Administrative Staff Salaries & Benefits $ - Program Staff Salaries & Benefits $ - Contractual /Professional Services $ OTHER: $ - TOTAL DIRECT COSTS $ $ $ - $ - INDIRECT COST (_ %)` $ Total $ $ $ $ Indirect cost rate; 10% Non - Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 15 -16 (Total Funds for Program must equal Total Program Budget above) Exhibit B Page 1 of 1 75B -30 2015 -2016 Funded Personnel Name of Organization: p Name of Program p NOTE: Please remember that this is only a budget and that reimbursement should be based on actual ADMINISTRATIVE STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested for this position $ $ $ $ $ Total Amount Re uested $ $ Total Amount Re uested $ Must equal amount indicated on Exhibit B PROGRAM STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBGFunds Requested for this position $ $ $ $ $ Total Amount Re uested $ Must equal amount indicated on Exhibit B CONTRACTUALIPROFESSIONAL SERVICES Type of Service Annual Contract Amount Total Compensation CDBG Funds Requested for this position $ $ $ Total Amount Requested $ Must equal amount indicated on Exhibit B * Only direct hours charged to the grant will be reimursable. Timecards must demonstrate direct hours charged to the grant. Exhibit B -1 Page 1 of 1 75B -31 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160 - 19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date EXHIBIT C Page 1 of 2 75B -32 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance fiords knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when subm tted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance fiords agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not lmowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance fiends further agrees by submitting this proposal that it will include the clause titled "Certification Regaling Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Goverment, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 75B -33 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated finds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or air employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee /Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Page I of 2 75B -34 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88 -352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1 -5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CPR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 75B -35 Certification Regarding Druq -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. if it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT E Page 1 of 3 75B -36 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised 'Place of Performance" form. Organization Authorized Signature Date EXHIBIT E Page 2 of 3 75B -37 7 S_ C ola e7 111 T� T7 o 71 O I L w f FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT E Page 3 of 3 75B -38 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE BOYCOTT OF ALL EL SUPER MARKETS DUE TO INADEQUATE WAGES AND BENEFITS AND POOR HEALTH STANDARDS. WHEREAS, El Super is a food retailer that began operations in 1997. They have 49 stores in California, Nevada and Arizona, including five (5) in Orange County; and Whereas, United Food and Commercial Workers (UFCW) represents hundreds of employees at El Super stores throughout Southern California, including El Super stores 6 and 23 which are located in the City of Santa Ana; and Whereas, The UFCW has called a consumer boycott of El Super markets In protest of El Super's refusal to negotiate a fair contract for their workers; and Whereas. El Super employs low -wage and predominantly Latino workers form this community who have been working without a fair union agreement since September 2013; and Whereas, El Super workers are fighting for good jobs in our community, seeking adequate paid sick leave, seniority rights, guaranteed 40 -hour work -weeks for full -time employees, and a fair wage; and Whereas, El Super implemented its "last, best and final offer" without fulfilling its bargaining obligations, and after workers told them it was unacceptable by voting overwhelmingly to reject it and authorizing their union to call a strike if necessary; and Whereas, El Super's "last, best and final" offer provides for less paid sick leave than is currently mandated by California state law; and Whereas, on December 12, 2014 El Super workers voted — by a more than 3 -1 majority — in favor of continued UFCW representation; and Whereas, El Super workers voted overwhelmingly in favor of union representation in the face of and aggressive "Vote No" campaign by the company that include captive audience meetings conducted by El Super CEO Carlos A. Smith; and Whereas, after the recertification vote, the union promptly sent a letter to the company asking for them to return to the bargaining table; and Whereas, El Super outright rejected that request, refusing to meet its legal bargaining obligations; and Resolution No. 2015 -XXX Page 1 of 3 85A -1 Whereas, Fermin Rodriguez, a cashier with nine years of quality service with the company who was an outspoken supporter of the El Super workers' both at the bargaining table and on the picket line was recently terminated by the employer for his statements in support of his fellow workers; and Whereas, Community Groups, Orange County Communities Organized for Responsible Development (OCCORD) Los Amigos of Orange County, and Hermandad Mexicana Humanitarian Foundation (HMHF) and others throughout Orange County, Los Angeles County, & San Bernardino County have endorsed the UFCW's boycott, as they found that El Super is not only disrespectful to is workforce but to the community which it serves. They have added their voice to highlight that County health Inspectors, over a seven -month period in 2014, identified and documented over 340 violations of environmental health regulations established to protect consumers and public health. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The Santa Ana City Council endorses the call for a consumer boycott of El Super markets. Section 2. The Santa Ana City Council supports the creation of good jobs in our communities that provide living wages, adequate paid sick leave, seniority protections, and enough guaranteed hours so full -time workers can earn enough to support their families. Section 3. The Santa Ana City Council calls upon El Super to return to the bargaining table and enter into an agreement that meets those goals. Section 4. The Santa Ana City Council calls upon El Super markets to uphold and maintain the highest standards with respect to the cleanliness and maintenance of their facilities in the interest of this community's public health. Section 5. The Santa Ana City Council pledges to honor the boycott lines, spread the word about the boycott within the community, and ask constituents to support the boycott by joining workers on the boycott line and visit www.boycottelsuper.or.q and fill out the support letter to company CEO Carlos A. Smith. 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 21 st day of April, 2015. Resolution No. 2015 -XXX Page 2 of 3 85A -2 Miguel A. Pulido Mayor APPROVED AS TO FORM: 0 a R. mar 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 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on April 21, 2015. Date Clerk of the Council City of Santa Ana 85A -3 Resolution No. 2015 -XXX Page 3 of 3 85A -4 CORRESPONDENCE 85A -5 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Tuesday, April 14, 2015 3:56 PM To: Mitre - Ramirez, Norma Cc: Trujillo, Rose Ann Subject: FW: For better health people needs money, not a $8.75 per hour give a chance to have healthy meals and activities for a twojobs parents; then when they grow up police hurt them because they don't have any idea how to move in life and also alcohol and med Enter into the record for Agenda Item 85A - - - -- Original Message---- - From: Sonia Davila [mailto:sdavila007 @yahoo.com] Sent: Tuesday, April 14, 2015 3:29 PM To: eComment Subject: For better health people needs money, not a $8.75 per hour give a chance to have healthy meals and activities for a two jobs parents; then when they grow up police hurt them because they don't have any idea how to move in life and also alcohol and medi... Sent from phone No parent can do good with a minimum pay. It damages health. RPM