Loading...
HomeMy WebLinkAbout FULL PACKET_2017-05-05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None APRIL 18, 2017 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:33 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor P. DAVID BENAVIDES JOSE SOLORIO JUAN VILLEGAS COUNCILMEMBERS Absent: MICHELE MARTINEZ, Mayor Pro Tern VICENTE SARMIENTO SAL TINAJERO STAFF Present: GERARDO MOUET, Acting City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:34 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 -- 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 CITY COUNCIL MINUTES 1 APRIL 18, 2017 1 0A -1 E 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: Bristol Street Project Coalition Properties • Coalition Property: 1417 N. Bristol Street, Santa Ana, CA, APN 405 - 252 -17, Owners: Jesus Zambrano, Veronica Rosales Zambrano, and Marcelino Rosales • Coalition Property: 1415 N. Bristol Street, Santa Ana, CA APN 405 - 272 -19, Owner: Robert Peter Gonzales Negotiators: Acting City Manager Mouet Terms: Conditions of potential sale. 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) Service Employees' International Union (SEIU) Full -Time Employees CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:06 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 APRIL 18, 2017 1OA -2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern (6:30 P.M.) P. DAVID BENAVIDES JOSE SOLORIO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: VICENTE SARMIENTO SAL TINAJERO STAFF Present: GERARDO MOUET, Acting City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council TEDDY MORENO, GODINEZ FUNDAMENTAL HIGH SCHOOL TOM JONES, POLICE CHAPLAIN SPECIAL PRESENTATION - Metropolitan Water District presentation of Upcoming Projects by James Bodnar. SPECIAL PRESENTATION - Orange County Transit Authority presentation of the Harbor Boulevard Transit Study presented by Andrea West. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the leadership of Portola Park Neighborhood Association for their outstanding contributions to the community: Joel Bruce; Winston Covington; Roger Shortall; Ray Ybarra; Gilbert Zamora. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Orange County Credit Union for their outstanding contributions to the community. CITY COUNCIL MINUTES 3 APRIL 18, 2017 1 0A -3 CLOSED SESSION REPORT — no reportable action PUBLIC COMMENTS • Alexis Nava Teodoro, spoke in opposition to Agenda Item 25A. • Albert Castillo, opposed to Agenda Item 25H and expense of OC Streetcar project. CONSENT CALENADR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 3113, with the following modifications: o Mayor Pro Tem Martinez noted that Agenda Item 11A continued and pulled Agenda Items 25A, 25C, 25G, 251, 25J, 25K, 25L, 25M, 250, 25P and 31A for separate discussion. MOTION: Martinez SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF APRIL 4, 2017 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION; Approve Minutes. CITY COUNCIL MINUTES 4 APRIL 18, 2017 1 0A -4 ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. SECOND READING ORDINANCE: REGULATE MOBILE FOOD VENDING VEHICLES {STRATEGIC PLAN NO 5, 1) - Clerk of the Council Office Placed on first reading at the March 7, 2017 City Council meeting and approved by a vote of 5 -0 (Pulido abstained and Sarmiento absent). Published in the Orange County Reporter on March 10, 2017. Matter continued from the March 21, 2017 City Council meeting by a vote of 5 -0 (Martinez absent and Pulido abstained). Councilmember Solorio, request that staff continue to discuss matter with stakeholders. MOTION. Continue consideration of matter to the May 2, 2017 City Council Meeting. BOARDS / COMMISSIONS / COMMITTEES 13A. AGENDA AND MINUTES FROM THE MARCH 27, 2017 COMMUNITY SERVICES CITY COUNCIL COMMITTEE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. 13B. NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVE TO THE YOUTH COMMISSION (REGULAR POSITION) FOR A FULL -TERM EXPIRING DECEMBER 15, 2020 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Chloe Fausto to the Youth Commission, Regular position. (Ward 1 resident, replacing M. Solorio). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse Councilmembers Sarmiento and Tinajero from said meeting. CITY COUNCIL MINUTES 5 APRIL 18, 2017 1 0A -5 MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 19C. STRATEGIC PLAN MONTHLY REPORT FOR MARCH 2017 {STRATEGIC PLAN NO. 5, 1) - City Manager's Office MOTION: Receive and file. BUDGETARY MATTERS GRANTS /APPLICATIONS 21 A. FISCAL YEAR 2017 -2018 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS PROGRAM, AND EMERGENCY SOLUTIONS GRANTS PROGRAM {STRATEGIC PLAN NO. 5, 1) - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on April 5, 2014 by a vote of 5 -0 (Cano and A. Garcia absent). MOTION: 1. Approve the Fiscal Year 2017 -2018 Annual Action Plan. 2. Authorize the submission of the Fiscal Year 2017 -2018 Annual Action Plan to the United States Department of Housing and Urban Development. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 17 -020 - CONTRACT AWARD FOR WATER TREATMENT CHEMICALS AND SALT {STRATEGIC PLAN NO. 6, 1 C} (Public Works Agency and Parks, Recreation & Community Services Agency) - Finance and Management Services MOTION: CITY COUNCIL MINUTES 6 APRIL 18, 2017 1 0A -6 1. Reject the bid from Commercial Aquatic Services, Inc. as nonresponsive. 2. Award a contract to Waterline Technologies for a one -year period expiring April 30, 2018, with provisions for three, one -year renewal options exercised by the City Manager, in an annual amount not to exceed $90,000, subject to non - substantive changes approved by the City Manager and City Attorney. 226. SPEC. NO. 16 -097 — CONTRACT AMENDMENT TO PURCHASE TWO POLICE INTERCEPTOR VEHICLES (STRATEGIC PLAN NO. 6, 21 - Finance and Management Services MOTION: Amend the contract with Fairway Ford Sales, Inc. in the amount of $65,100 plus a contingency of $3,255 for a total amount not to exceed $68,355, subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A, City Attorney Carvalho, indicated that expense cap has been provided. Mayor Pro Tern Martinez, directed staff to move forward with formal Request for Proposal process for selection of firm. MOTION: Authorize the City Manager and the Clerk of the Council to execute a three year agreement, effective April 18, 2017 through April 17, 2020 for a not to exceed amount of $3,000,000 with the law firm Carpenter, Rothans & Dumont subject to non - substantive changes approved by the City Manager and the City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Solorio, Villegas (5) None (0) None (0) Sarmiento, Tinajero (2) CITY COUNCIL MINUTES 7 APRIL 18, 2017 1 0A -7 25B. AGMT NO. 2017 -071 - COURT REPORTING SERVICES, LANGUAGE TRANSLATION AND TRANSCRIPTION SERVICES PERTAINING TO LITIGATION {STRATEGIC PLAN 7, 36) - City Attorney's Office and Personnel Services Agency MOTION: Authorize the Acting City Manager and the Clerk of the Council to approve an 18 month agreement with Veritext Corporation, effective July 1, 2016 through December 31, 2017, for a total not to exceed amount of $75,000, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: 1. Approve the proposed Fiscal Year 2017 -2018 Emergency Solutions Grants Program in the estimated amount of $474,526 subject to adjustment upon notification of the Grant Year 2017 award from the U.S. Department of Housing and Urban Development. 2. AGMT NO. 2017 -072 - Authorize the City Manager and the Clerk of the Council to execute a memorandum of understanding with the Santa Ana Police Department and agreements with non - profit organizations and /or sub - recipients awarded funds as part of the approved program for a term beginning July 1, 2017 through June 30, 2018, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 25D. IMPLEMENT A BENEFITS PLATFORM SERVICE FOR EMPLOYEE SELF - ENROLLEMENT IN BENEFIT PLANS AND SERVICES; ASSIST STAFF TO PROCESS BENEFIT AUDITS AND TRANSMIT ENROLLMENTS DIRECTLY TO BENEFIT CARRIERS (STRATEGIC PLAN NO. 7, 5A) - Personnel Services Agency and Information Technology Department CITY COUNCIL MINUTES 8 APRIL 18, 2017 1 0A -8 MOTION: 1. AGMT NO. 2017 -073 - Authorize the City Manager and Clerk of the Council to execute an agreement with Keenan & Associates for an annual amount not to exceed $46,000 for "BenefitsBridge ", a Human Resource Benefits Platform service for the period of June 1, 2017 through May 31, 2018 and shall automatically renew for subsequent one year periods unless either party gives the other at least sixty days written notice of its intent not to renew, subject to non - substantive changes approved by the City Manager and City Attorney; and 2. AGMT NO. 2017 -074 - Authorize the City Manager and Clerk of Council to execute a business associate agreement with Keenan & Associates to supplement the " Benefits Bridge" agreement and outline each party's privacy rights and obligations under the BenefitsBridge agreement, subject to non - substantive changes approved by the City Manager and City Attorney. 25E. AGMT NO. 2017 -075 - AMENDMENT FOR LAWSON FINANCIAL SYSTEM MAINTENANCE, SERVICES, AND SOFTWARE LICENSES {STRATEGIC PLAN NO. 7, 5A) - Information Technology Department MOTION: Authorize the City Manager and Clerk of the Council to amend the agreement with Infor (US) Inc. in an amount not to exceed $741,533 over an approximate three -year period from April 19, 2017, through May 31, 2020, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. AGMT NO. 2017 -076 - ACTIVITY REGISTRATION AND SITE RESERVATION SOFTWARE, INSTALLATION, AND ON -GOING MAINTENANCE AND SUPPORT {STRATEGIC PLAN NO. 5, 6C) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with CivicRec for activity registration and site reservation software for the period April 19, 2017 to November 30, 2017, for installation, for a cost of $22,000, which includes a 10% contingency, and a period of three years from December 1, 2017 to November 30, 2020 with two, one -year renewal options, for on -going maintenance and support, for a cost of 1% of transactions with an amount not -to- exceed $15,000 per year for a total amount not -to- exceed $97,000, subject to non - substantive changes approved by the City Manager and City Attorney. 25G. AGMT NO. 2017 -077 - INMATE FOOD SERVICES AND COMMISSARY {STRATEGIC PLAN NO. 1 3A) - Police Department CITY COUNCIL MINUTES 9 APRIL 18, 2017 1 0A -9 MOTION: Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Aramark Correctional Services Inc., for the period of February 1, 2017 through January 31, 2020, with the option by either party to terminate without cause upon 90 days written notice of termination in the amount not to exceed $1,460,016, including a 15% contingency ($197,437), subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Pulido VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 25H. AGMT NO. 2017 -078 - APPROVE AMENDED AND RESTATED SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) STATION COOPERATIVE AGREEMENT (NON - GENERAL FUND) {STRATEGIC PLAN NOS. 3, 2C, 413; 6, 1 G) MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the SARTC Station Cooperative Agreement No. C -94- 859 with the Orange County Transportation Authority to incorporate provisions for the OC Streetcar, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Authorize the City Manager and Clerk of the Council to execute agreements for a three -year period beginning April 18, 2017, and expiring April 17, 2020, in an aggregate amount not to exceed $900,000 for the term of the contract, subject to non - substantive changes approved by the City Manager and City Attorney with the following firms: 1. AGMT NO. 2017 -079 —With Cardno, 2. AGMT NO. 2017 -080 — With BA Inc., and 3. AGMT NO. 2017 -081 —With C Below, Inc., MOTION: Martinez SECOND: Villegas VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) CITY COUNCIL MINUTES 10 APRIL 18, 2017 1 0A -10 25J. 25K. NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) MOTION, Authorize the City Manager and Clerk of the Council to execute a settlement agreement of Tenant Interest with Outfront Media, LLC, for the property located at 2115 -2123 South Bristol Street (APN 015 - 194 -20, 21, 22) and goodwill (if any), for the acquisition of a billboard in the amount of $500,000, subject to non- substantive changes approved by the City Manager and City Attorney. MOTION: Solorio SECOND: Villegas VOTE: AYES: Benavides, Pulido, Solorio, Villegas (4) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement of Tenant Interest with Orfilda Magana, Clothing Orfi Ropa, for the property located at 1111 North Bristol Street Suite A (APN 405 - 274 -10) and goodwill (if any), in the amount of $11,040, subject to non - substantive changes approved by the City Manager and City Attorney: MOTION: Solorio VOTE: AYES: NOES SECOND: Villegas Benavides, Pulido, Solorio, Villegas (4) Martinez (1) CITY COUNCIL MINUTES 11 APRIL 18, 2017 1 0A -11 ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement with Sergio Aparicio and Maria G. Aparicio for the real property acquisition, temporary construction easement, and goodwill (if any), for the property located at 1242 West St. Andrew Place (APN 015- 232-10), for a partial acquisition, in the amount of $2,350, subject to non - substantive changes approved by the City Manager and City Attorney: MOTION: Solorio SECOND: Villegas VOTE: AYES: Benavides, Pulido, Solorio, Villegas (4) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with HDR Engineering, Inc., for a three -year term beginning April 18, 2017, and ending April 17, 2020, with provisions for one, two -year renewal option exercisable by the City Manager and City Attorney, for a total not -to- exceed amount of $500,000, subject to non- substantive changes approved by the City Manager and City Attorney. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: SECOND: Villegas Benavides, Pulido, Solorio, Villegas (4) Martinez (1) None (0) CITY COUNCIL MINUTES 12 APRIL 18, 2017 1 0A -12 ABSENT: Sarmiento, Tinajero (2) 25N. AGMT NO. 2017 -086 - CONSTRUCTION ENGINEERING SERVICES FOR THE SANTA ANA -DELHI CHANNEL DIVERSION PROJECT (PROJECT NO. 16 -6467) {STRATEGIC PLAN NO, 6, 1 G) — Public Works Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with NV5 Global, Inc., for the two -year term beginning April 18, 2017, and expiring on April 17, 2019, with provisions for a one -year extension exercisable by the City Manager and City Attorney, for a total amount not to exceed $683,448 over the entire life of the agreement, including any renewal period, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Authorize the City Manager and Clerk of the Council to execute a consulting services agreement with Willdan Financial Services for a two - year term beginning April 18, 2017, and ending April 17, 2019, for a total amount not to exceed $36,000, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Pulido VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 25P. 1' AGMT NO. 2017 -088 - PREPARE A DEVELOPMENT IMPACT FEE STUDY {STRATEGIC PLAN NO. 6, 1 D) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with David Taussig and Associates for a two -year term beginning April 18, 2017, and ending April 17, 2019, to prepare a Development Impact Fee Study, for a total amount not to exceed $55,000, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 13 APRIL 18, 2017 1 0A -13 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: MISCELLANEOUS - BUDGET SECOND: Solorio Benavides, Martinez, Pulido, Solorio, Villegas (5) None (0) None (0) Sarmiento, Tinajero (2) 29A. DONATION AGREEMENT TO SUPPORT THE ARTS AND LITERARY FESTIVAL {STRATEGIC PLAN NO. 5, 4) - Councilmember Benavides MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Santa Ana Music Boosters Foundation for a one -time donation amount of $2,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 29B. DONATION AGREEMENT FOR YOUTH PROGRAMS {STRATEGIC PLAN NO. 5, 4} - Councilmember Tinajero MOTION; Authorize the City Manager and Clerk of the Council to execute an agreement with TKO Youth Foundation for a one -time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 29C. DONATION AGREEMENT FOR THE LOVE SANTA ANA INITIATIVE {STRATEGIC PLAN NO. 5, 4} - Councilmember Tinajero MOTION; Authorize the City Manager and Clerk of the Council to execute an agreement with Templo Calvario Community Development Corporation for a one -time donation amount of $2,000, subject to non - substantive changes approved by the City Manager and the City Attorney. LAND USE MATTERS CONDITIONAL USE PERM ITIVARIANCES CITY COUNCIL MINUTES 14 APRIL 18, 2017 1 OA -14 AT 2961 WEST: MACARTHUR BOULEVARD GREGORY MERCIER, APPLICANT (STRATEGIC, PLAN NOS. 3, 2<5) -Planning and Building Agency Planning Commission approved recommended action on March 27, 2014, by a vote of 6 -0 (Alderete absent). Mayor Pro Tern Martinez, request staff consider seismic retrofitting regulations and policy for similar projects. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -26 as conditioned. MOTION: Benavides SECOND: Pulido VOTE: AYES: Benavides, Pulido, Solorio, Villegas (4) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 31 B. CONDITIONAL USE PERMIT NO. 2017 -09 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT ESPORTS CAFE LOCATED AT 120 WEST FIFTH STREET - TYLER ENDRES, APPLICANT {STRATEGIC PLAN NO. 3, 2, 4) - Planning and Building Agency Planning Commission approved recommended action on March 27, 2014, by a vote of 6 -0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2017 -09 as conditioned. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. ADOPT A RESOLUTION AMENDING THE BASIC CLASSIFICIATION AND COMPENSATION PLAN AND THE ANNUAL BUDGET FOR FISCAL YEAR 2016 -2017 (FOR BACKGROUND SUPERVISOR, BACKGROUND INVESTIGATORS AND POLICE TRAINING COORDINATOR; AND ADOPT CITY COUNCIL MINUTES 15 APRIL 18, 2017 1 0A -15 RESOLUTION AMENDING THE BASIC CLASSIFICATION AND COMPENSATION PLAN FOR UNPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES (FOR PURPOSE OF ACTING, INTERIM OR EMERGENCY CITY MANAGER COMPENSATION) {STRATEGIC PLAN NO. 1, 1; 1, 2; and 7, 6) — Personnel Services Agency Matter tabled at the request of staff. REPORTS 65A. APPROVE AMENDED AND RESTATED SOLID WASTE SERVICES AGREEMENT {STRATEGIC PLAN NO. 4, 1} - Public Works Agency Jeff Snow, spoke on the matter. MOTION: Continue consideration of matter to a future meeting. MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 658. REVIEW AND ADOPT THE 2017 FEDERAL AND STATE LEGISLATIVE PLATFORM AND 2016 SCORECARD (STRATEGIC PLAN NOS. 1, 2, 3, 4, 5, 6, 7) - City Manager's Office MOTION: Continue consideration of matter to the May 2, 2017 City Council Meeting. MOTION: Martinez SECOND: Pulido VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) CITY COUNCIL MINUTES 16 APRIL 18, 2017 1OA -16 65C. REVISED BUDGET AND FISCAL POLICY {STRATEGIC PLAN NO 4, 1d} - Finance and Management Services MOTION: Continue consideration of matter to the May 2, 2017 City Council Meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARINGS SECOND: Benavides Benavides, Martinez, Pulido, Solorio, Villegas (5) None (0) None (0) Sarmiento, Tinajero (2) 75A. ZONING ORDINANCE AMENDMENT NO. 2016 -03 TO AMEND CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO TWO - FAMILY RESIDENCES, SITE PLAN REVIEW, DEVELOPMENT PROJECT APPROVAL, OFF - STREET PARKING AND OTHER ADMINISTRATIVE ITEMS — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on March 13, 2017 by a vote of 6 -0 (Mendoza absent). Legal Notice published in the Orange County Reporter on April 7, 2017 and notices mailed on April 6, 2017 Mayor Pulido opened the Hearing. The following spoke on the matter: • Steven Lamotte, Chapter Executive Officer for the Building Industry Association, expressed support for proposed ordinance. Mayor Pulido closed the hearing. Council discussion ensued. MOTION: Continue consideration of matter to the May 2, 2017 City Council Meeting, MOTION: Martinez VOTE: AYES: NOES: SECOND: Pulido Benavides, Martinez, Pulido, Solorio, Villegas (5) None (0) CITY COUNCIL MINUTES 17 APRIL 18, 2017 1 0A -17 ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 75B. AMENDMENT APPLICATION NO, 2016 -05 AND CONDITIONAL USE PERMIT NOS. 2016 -44 AND 2017 -06 TO ALLOW A CAR WASH FACILITY AND A DRIVE - THROUGH FOR THE PROJECT LOCATED AT 2603 SOUTH MAIN STREET - LEON FELUS, APPLICANT (STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on March 13, 2017 by a vote of 6 -0 (Alderete absent). Legal Notice published in the Orange County Reporter on April 7, 2017 and notices mailed on April 6, 2017 Mayor Pulido opened the Hearing. The following spoke on the matter: • Sam Barker, requested a "Do Not Block" sign at ingress of property adjacent to proposed project and commented on exhaust issues. Mayor Pulido closed the hearing. Council discussion ensued. Candida Neal, Planning Manager, noted that conditions may be included in proposed resolution. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2915 — ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) 2. Adopt a resolution as conditioned. RESOLUTION NO. 2017 -015 — RESOLUTION OF THE CITY COUNCIL APPROVING CONDITIONAL USE PERMIT NO. 2016 -44 AS CONDITIONED TO ALLOW A CARWASH FACILITY, AND CONDITIONAL USE PERMIT NO. 2017 -06 AS CONDITIONED, TO ALLOW A RESTAURANT WITH DRIVE - THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET CITY COUNCIL MINUTES 18 APRIL 18, 2017 1 0A -18 MOTION: Solorio SECOND: Villegas VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 75C. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2017 -2018 {STRATEGIC PLAN NO 2,2; 2,4; 5,4; 5,61 - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on April 5, 2017 by a vote of 4 -0 (Cano and A. Garcia absent; Aguinaga abstained). Legal Notice published in the Orange County Register in English on April 6, 2017; in the Nguoi Viet newspaper in Vietnamese, on April 7, 2017; and in the La Opinion newspaper in Spanish, on April 8, 2017. Mayor Pulido opened the Hearing. The following spoke on the matter: • Ugochi Anaebere - Nicholson, spoke in support of CDBG funding. • Robert Oliver, noted that current proposal is less than funds awarded in previous years. • Maria Del Carmen Avalos, spoke in support of Cambodian Family's After School Program. • Jacqueline Pompa, expressed support for program offered at Cambodian Family. • Vattana Peony, Executive Director of Cambodian Family, pleased with proposed funding. • Claire Braburn, spoke in support of application submitted for consideration. • Georgina Maldonado, representing Community Health Initiative of Orange County, spoke in favor of application submitted for consideration. Mayor Pulido closed the hearing. Council discussion ensued. Councilmember Benavides, thanked all applicants; supports item as proposed. Councilmember Solorio, proposed that all organizations should come together to address spike in crime; understand challenges and opportunities; collaborations needed; TKO boxing to collaborate with Santa Ana Unidos Boxing Youth program; proposed that next year have collaborate approach rather than competitive. CITY COUNCIL MINUTES 19 APRIL 18, 2017 1 0A -19 Mayor Pro Tern Martinez, thanked staff and all applicants; noted that Youth Master Plan has been approved by the City; applicants should receive a copy and tie efforts to Plan. MOTION: 1. Approve the proposed Fiscal Year 2017 -2018 Community Development Block Grant Program in the estimated amount of $5,771,317, subject to adjustment upon notification of the Grant Year 2017 award from the U.S. Department of Housing and Urban Development; 2. AGMTS - 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 funding adjustment upon notification of the Grant Year 2017 award from the U.S. Department of Housing and Urban Development and non- substantive changes approved by the City Manager and City Attorney. Organization Name CRHC Program Recommended Application Funding 1. AGMT NO. 2017 -089 - The Illumination Foundation $75,000 Children's Resource Center 2. AGMT NO. 2017 -090 - America On Track $57,000 Brighter Futures for Children of Prisoners 3. AGMT NO. 2017 -091 - Orange County Children's Therapeutic Arts Center $67,992 Crime Prevention & Intervention for Willard Middle School Families 4. AGMT NO. 2017 -092 - Community Health Initiative of Orange County $50,838 Community Health Access Program 5. AGMT NO. 2017 -093 - Boys & Girls Club of Santa Ana $60,000 College Bound 6. AGMT NO. 2017 -094 - Delhi Center $58,271 Teens Engaged in Learning and Leadership 7. AGMT NO. 2017 -095 - Santa Ana Unidos Boxing Youth /Neighborhood Crime $56,250 Prevention Initiative 8. AGMT NO. 2017 -096 - Neutral Ground $51,000 Nati's House Neutral Ground 9. AGMT NO. 2017 -097 - Big Brothers Big Sisters of Orange County $36,800 Community Based Mentoring Program CITY COUNCIL MINUTES 20 APRIL 18, 2017 1 OA -20 10. AGMT NO. 2017 -098 - The Cambodian Family $49,800 16. Plan Ahead Youth Program * *$60,000 11. AGMT NO. 2017 -099- WISEPlace $36,000 Sarmiento, Tinajero (2) Steps to Independence 12. AGMT NO. 2017 -100 - Legal Aid Society of Orange County $41,600 Record Ex un ement 13. AGMT NO. 2017 -101 - Legal Aid Society of Orange County $39,600 Domestic Violence 14. AGMT NO. 2017 -102 - Young Men's Christian Association of Orange County $34,000 Financial Assistance Program 15. AGMT NO. 2017 -103 - ALBI $55,000 Active Learning Believe and Inspire MOTION: Villegas Organization Name Program Staff Recommendation 16. AGMT NO. 2017 -104 - Orange County Fair * *$60,000 ABSTAIN: Housing Council Inc. ABSENT: Sarmiento, Tinajero (2) Santa Ana Fair Housing Education, Counseling & Enforcement * *Fair housing services are not subject to the 15% public service cap. As such, Staff will be allocating $62,241 (a 3% reduction from FY 2016 -17) to align with the anticipated reduction of CDBG funds from HUD. MOTION: Villegas SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) *Mayor Pulido left at 8:10 p.m. and did not return. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. CITY COUNCIL MINUTES 21 APRIL 18, 2017 1 OA -21 85A. DISCUSS CURRENT AND PROPOSED STRATEGY(IES) TO ADDRESS GUN VIOLENCE AND GANG SHOOTINGS, AND DIRECT STAFF ACCORDINGLY — Mayor Pro Tern Martinez The following spoke on the matter: • Rev. Lee De Leon, request consideration Every Child Connected proposal. • Alan Woo, agreed with Reverend De Leon; urged support for proposal. • Johnathan Hernandez, spoke of the economic behind of the current decision making process. • Fatima Avalos, opined that youth investments needed in considering strategies. • Nellie Ann Le Gaspe, commented on need to have a united front. • Moises Vazquez, commented on need to invest in our youth. • Dulce Savedra, spoke of recent shooting incident; expressed support to address issue. • Ana Urzua, opined that there is an unacceptable increase in gang violence; enforcement is not the answer but prevention services. • Alex Vega, recounted personal experience with gang violence. Council discussion ensued. Mayor Pro Tern Martinez, opined that City is safe for a city of similar size; any death is senseless; spoke of holistic approach to solving issues; supports implementation of Project Longevity in New Haven; focus on root of the spike in violence; community fear exists. Police Chief Rojas, spoke of robust enforcement program; department is focused on holistic approach that is needed to reduce gang violence, have used gang injunction and GRIP program, important to include faith based and non- profit organizations. Mayor Pro Tern Martinez, indicated that she will be hosting Project ,Kinship along with Santa Ana Unified School District Boardmember, Valerie Amezcua on April 21st at 10 a.m.; leverage all resources and continue to have discussions; recounted past EPIC Commission that was dissolved due to budgetary concerns. Councilmember Benavides, opined that Police Department addressing symptom; need to solve root of the problem. Councilmember Villegas, opined that many underlying issues contribute to delinquency; change starts at home; need to work together. Councilmember Solorio, number of pedestrian deaths may be higher than gang related deaths; consider bringing back red light cameras that have improved technology features; City has experienced spike in crime; Police Department needs to be focused on community oriented policies and prevention including solving crimes; CDBG funding approval may have impact in assisting with this CITY COUNCIL MINUTES 22 APRIL 18, 2017 1 OA -22 endeavor; evidence based and best practices need to be including in consideration; also, consider in context with budget. Police Chief Rojas, noted that in the past had robust program with increased resources to manage Community Oriented Policing. Mayor Pro Tern Martinez, direct staff to bring holistic approach on various elements including: evidence based programs, gang task force and gang unit; identify needs; needs to be an equitable program; expressed support for non- profit organizations; schedule matter for Council discussion in 30 days. COMMENTS PUBLIC COMMENTS • Susana Sandoval, spoke in support of Pacific Electric Park and appointment of Acting City Manager as permanent City Manager. • Irma Jauregui, thanked all who assisted with the approval of Pacific Electric Park and leadership of Mr. Mouet who helped make it a reality. • Alex Vega, expressed support for Acting City Manager. 90A. CITY MANAGER'S COMMENTS • Acting City Manager, Mouet, invited all to attend the Annual Dia del Nino and Earth Day celebration on Saturday, April 22nd event at 10:30 a.m. 90B. CITY COUNCILMF_MBER COMMENTS: Councilmember Solorio: • Commented on CDBG, other grant funds Cities Artist Fund deadline is May 1St; and • Attended the Pacific Electric Park Groundbreaking; great uses incorporated; kudos to staff involved in bringing forth project. Councilmember Villegas: • Invited all to attend Healthy Veterans Event hosted by OneOC.org. Councilmember Benavides: • Thanked colleagues on healthy discussion of gang activity; sense of partnership was underlying theme; invest in youth and opportunities in economic development strategies; and • Encouraged all to shop in Santa Ana and support our local economy. Mayor Pro Tern Martinez: • Spoke of commitment to bring Pacific Electric Park that is now reality; CITY COUNCIL MINUTES 23 APRIL 18, 2017 1 OA -23 • City has joint use partnerships with SAUSD and Santa Ana College that leverages resources to better serve our residents - continued dialogue needed; • Provided update on homeless; will be meeting with staff; • Noted that she has been busy serving on regional boards including Past President of NALEO and ending term as President of SCAG; commit to re- engage in City affairs; and • Adjourned in memory of Milton Gordon, past President of Cal State Fullerton. ADJOURNED- 9:42 p.m. - The next meeting of the City Council is scheduled for Tuesday, May 2, 2017 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. ADJOURNED IN MEMORY OF MILTON GORDON Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Fiscal Year 2017/18 City Budget Adoption • Labor Contracts CITY COUNCIL MINUTES 24 APRIL 18, 2017 1 OA -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: SECOND READING ORDINANCE: APPROVING AMENDMENT APPLICATION NO. 2016 -05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) (STRATEGIC PLAN YO 5, 1) 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 RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION On April 18, 2017, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5 -0 (Sarmiento and Tinajero absent): ORDINANCE NO. NS -2915 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) 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 action. Maria D. Huizar, Clerk of the Council EXHIBIT: Ordinance No. NS -2915 1113-1 11 B -2 LS 04.18.17 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) 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. Amendment Application No. 2016 -05 has been filed to change the zoning designation of the parcel located at 2603 South Main Street from General Commercial (C -2) to the Light Industrial (M -1) zoning designation. B. On March 27, 2017, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2016 -05 for the property located at 2603 South Main Street. 2. Approve a conditional use permit as conditioned (No. 2016 -44) to permit a carwash facility and conditional use permit as conditioned (No. 2017 -06) to permit a drive - through service window at 2603 South Main Street, C. The zoning designation of the Light Industrial (M -1) will allow the subject site approval of applications for conditional use permits to allow the development of a carwash facility and a drive- through window service by bringing the rezoned property into consistency with the General Plan land use designation of Industrial (IND). D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan. E. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on April 18, 2017. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated April 18, 2017 accompanying this matter. Ordinance No. NS -XXXX Page 1 of 3 11 B -3 G. For these reasons, and each of them, Amendment Application No. 2016- 05 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15303. This Class 3 exemption allows small construction projects or buildings in urban areas up to 10,000 square feet in size, not involving the use of significant amount of hazardous substances where all necessary public services and facilities are available. The cumulative impact of this project will not be significant as the use will be complimentary with the nearby commercial uses in the area. Additionally, it has been identified that the development of the site will not adversely impact the environment, any designated scenic highways, or sites which have been identified to contain hazardous waste. Additionally, it was evaluated that the proposed uses for the site are consistent with both the General Commercial (C -2) and the Light Industrial (M -1) zoning designation. The amendment application to change the existing zoning designation to the Light Industrial (M -1) zone is Intended to provide consistency with the General Plan of the city. Categorical Exemption Environmental Review No. 2015 -15 will be filed for this project. Section 3, 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 sole negligence of the City of Santa Ana. Section 4. The City Council of the City of Santa Ana hereby adopts an ordinance rezoning the real property located at 2603 South Main Street from General Commercial (C -2) to Light Industrial (M -1), (AA No. 2016 -05). Amended Sectional District Map number 30 -5 -9 showing the above described change in use district designation, is attached hereto as Exhibit "1" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated April 18, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this ____ day of , 2017. Miguel A. Pulido Mayor Ordinance No. NS -XXXX Page 2 of 3 11 B -4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2017 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Clerk of the Council City of Santa Ana 11B-5 Ordinance No. NS -XXXX Page 3 of 3 M CI cl C3 I flE p }� Ci RIB i [� RI 1 C ml E R: lfl 3 cl c low ,.TRAL AV AOx�Mf 9I� R3 � flt C3 MI C Mt N 3 v MI MI MI M,. M1 5 c5 : 31OE�wo; DY cs Q. H p H 8 _ MMMNexr .A1 M111 ._:.16�NCN69Y ,sou:. ca w cs MACARTHURVc t —s R1 BD1e it el tied 11MWxY-0" _.`y�� SDM fA N/A ZONING DISTRICTS in A OR +yoW M, q1 j sos Q Ol04 mr � � ode SOII CS v' OS MI tv� 0 M1 OP 90 t4q y. x f P v Al GENERAL AGRICULTURAL CSM SOUTH MANSTREEf COMMERCIAL DIST. R2 TWO -FAMILY RESIDENCE -8 PARKWGMODFICATION Cl COMMUNRYCOMMEtCIAL GC GOVERNMENTCENTM R3 MULTIPLE FAMILY RESIDENCE -OZ OVERLAY20NE CWD COMMUNITY COMMERCIAL - MUSEUM DIST. MI LIGHTNDUSTRAL Re SUBURBAN APARTMENT PLANNED RESIDENTIAL C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ENTIAL ESTATE DEVELOPMENT C4 PLANNED SHOPPING CENTER 0 OPEN SPACE SO SPECFICDEVELOPMENT -H02 HEIGHTDISTRICTII Cs ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECFICPLAN CR COMMERCIALRESIDENTIAL Rl SINGLE- FAMLY RESIDENCE SECTIONAL DISTRICT MAP: $0 -5 -9 e CITY OF SANTA ANA. CALIFORNIA Exhibit: 1 11 B -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2017 (STRATEGIC PLAN NO. 4, 1 D) RECOMMENDED ACTION Receive and file. DISCUSSION ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. California Code Section 53646 (b) states that if a quarterly report is rendered to the legislative body, the quarterly report shall be submitted within 30 days following the end of the quarter covered by the report. The legislation specifies that this quarterly report contain the seven major elements listed below: 1. Type of investments, 2. Date of maturity, 3. Par and dollar amounts invested in each security, 4. Weighted average maturity of the investments, 5. Market value as of the date of the report, 6. Source of the market value information, and 7. Any funds, investments or programs, including loans, under the management of contracted parties. These specifications include a statement outlining the ability of the City to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. Staff performs an end -of -month expenditure analysis to comply with the expenditure requirement and a statement confirming the ability to meet this requirement in the monthly -and quarter- ending Treasurer's Report. The information is in compliance with State law and the City's Investment Policy. The attached Treasurer's Report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of March 31, 2017. 19C -1 Quarterly Report of Investments May 2, 2017 Page 2 The following table represents percentage policy limits set by the City's Investment Policy and State Law and respective types, amounts and percentages, as of March 31, 2017. Type of Investment in $ in % COSA Policy Limits State Law Limits Certificate of Deposit (CD) $8,157,622.95 2.64% 30% 30% Federal Farm Credit Bank (FFCB) $64,492,550.00 20.87% None None Federal Home Loan Bank (FHLB) $71,082,236.38 23.00% None None Federal Home Loan Mortgage Corp. (FHLMC) $54,902,245.00 17.77% None None Federal National Mortgage Association (FNMA) $72,923,730.00 23.60% None None Local Agency Investment Fund (LAIF) $37,435,728.00 12.12% None None Sub -Total $308,994,112.33 100.00% None None Cash $23,041,781.10 Total $332,035,893.43 Restricted Cash in $ Restricted Cash $13,106,325.28 Total 13,106,325.28 t Restricted cash is held by Trustee, Bank of New York Mellon and is segregated from cash used ford a ily operations. The following graph represents percentages within the respective investment types, as of March 31. 2017. City of Santa Ana Investment Portfolio Asset Allocation March 31, 2017 LAIF CD 12.12% 2.64% ■ Certificate of Deposit (CD) ■ Federal Farm Credit Bank (FFCB) ® Federal Home Loan Bank (FHLB) in Federal Home Loan Mortgage Corp. (FHLMC) ■ Federal National Mortgage Association (FNMA) Local Agency Investment Fund (LAIF) 19C -2 Quarterly Report of Investments May 2, 2017 Page 3 Effective Rate of Return: Month To Date (MTD) 1.11% Year To Date (YTD) 1.03% STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment), Strategy D (Develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency rp Exhibit: 1. Treasurer's Report 19C -3 19C -4 r O Q0 M r 0 . O O L o U O � CL er fig) t= my A> a =I 19C -5 a sv a° O 0 O 0 m Y a" a CQ 2 W USG? m N W I bI`u : C � U u ��n i Iri U lUl m q L ��nn l0 o a 0 D !J C I po i N g R i w U Cn tt C1 i➢ P] N N : .y N x w 5 � N v a _� m N ui w Li pi Y.= A p �1 O .ry 6 N O {Mp Yl4 m — C1 N N ro n i Lin c _ ' �$c ,y a N e y C N r �W ry N� rnf m O � U UI D e GNS N �C� I��V"UN6 L .0 N 19C -5 a sv a° O 0 O 0 m Y a" a CQ 2 W O as 8 8 S. 8, o088° A A A N A v all 2 B m P �q M R, 4 Ell . . . . .. g 9 8 Ell �lu ul 12w Y,00 c 3 7 z F2 0 ai 2 < < A m �2 f2 Ll p R q 1,2 19C-6 6i ffi KQ LL LL O in ids o m R R P a 8 a O as 8 8 S. 8, o088° A A A N A v all 2 B m P �q M R, 4 Ell . . . . .. g 9 8 Ell �lu ul 12w Y,00 c 3 7 z F2 0 ai 2 < < A m �2 f2 Ll p R q 1,2 19C-6 6i ffi KQ LL LL O rn a w O C N Sp 41 Sy6 � C N C C , i O U � d O d 19C -7 < a a MM S inR`P,, <n'YM,?r� .8$I8�' p. ma m w,a o m vof ,- !d,°a g R wwr �2FlA rv.o ��I..h�� 12 Al n iF m'91n 40 N !.. Q, N ,D W ` .- ^ 4v °1' o�mgM In I., ?u:$8 P, 8°oa on In ) 4 V. 1 V p m Io v� Rm3`r�a'."�i�.�'F3S �i 88888888°888ii8$88888888588 °85;8$882 q G y+ O ' :% vy `d'i_ mry iu3� 3 m n 5i�ti ui tii, t�"n to ,ay m. m 4t n In n ry In Io In $ 8 8 m ry �n m tom N Sa N M� m:o:n ,a mro mro,ow In ,.mm In m,gmmmwa 0 mm cn'o h S; n n CE f`ryB,I l f "� i i i I, In ,C31 N� pGp = T fi ds r9 N ' C -• a 7 i' �� 5 f' '•: C ,rl ,n rn ur3 ' c y� "' ci a u� `o i3 ,n o uoo a a o � mu aI gl m m m m m m m m° m m m m m m m° T. m m m m m n, m m m m m w. o m m m m 2 L 2 ,S osioo Uuo ouui`a .»oo11 m! ( E f E 4t E e E F G E In o E u o a: c 6 b G In p, LL LL 4 W li I1.. li LL 11 LL 11. LL LL W 4. It A S T 1 S S 2 T S T To S S S T. S .T. S e L �- m m m _ m - _ ,'a Ci ` -2 v� ryry yy qa� m m wm °u $ �' rvLL m °a w�vLL rvIt. vv �'��''o o wv u LLt I,. LL li LL. 11. 4. LL ,LL li IL IL LL C a y � `i 2,m8Mt kI'- .�!'nuBM1tJ ".--.- _ ��aVMMfsi ,- rvint�eir„aN„'h�LatilCl ., -,,�,� _w��c1 �U !u v m (J m Z 1_ Y Y N W O �4'v Y C .- WG m Y- h 1.. 6. Y ai In C} '7 a g m 2 1 a Z V 2 t m uN7 z In m U C1 x> m V N vu'1 ww'w uS�V(7 t9 t9 C9 c9 V m W q » S 4 `S'i u„ nww w��wwwu� is w�¢ m g¢.ti aq a ,r o�" i m ih n ,. °n °n m� m r'/i o'i G in m m , Yn U ]LL mr,� rein <o m<,mnn, nn„m.n °.vmmio �� m, m r 19C -7 N ,.„ � � .- .. ri a r• -° d� m� � o c. o o o 0 o rv3 N N U .- O N ti� yp.. u �eS,v �z U - a C`�b51c "na G.�a�oa�ty;�N�; �' � c oz §R 9° 2 n'uf �j m `.°- o go,TV � Spt V t U � U O �J$ O 4 xQJ, o I9Y h J 'Llt fSS�Aj t'J Off+ ewl (4j O° pO sG pO pP QO �O} �9j pO iOQ�, {C� QO p :F Oi, W S iP tG t°'l Ci U Pp Op N C5 G [Vi ? t'J O F yo° `°d °' „i'$F -`a' ma,"n�` 88`d°' m m,- j O p 4 O O C.1 ry O Op U C. U O O n > p r-, N Y all N .- p - Ol � q � p. g T Qr% G U 8 8 9 s G 0 8 8 IS O 8 2 O o g o S a a a tl :i m_m mmm mwaa w rvr ,n mmwmnr '2 IV 111 u2 ,nm CL Q- wN� a m o p O Y3 U U�Y1� U U UN a U¢� V U U U SJ QJ, Y P., N 'T o o� '' g� o = 4 t 4 4 4 6 p ¢' [ a-. ry:, .,- L.- q u# F E E o�E 2 Z 2 2 Z Z 2 X Z Z Z Z Z 2 i Z 2 L 0@ U . -0 .d Ap L Ta Y> 'FA V vN D O R TV] W XI 0 Y V qN 8 N LL �i N C N 1d ,L LL li li. W IL LL tL Y. li LL LL tY LL LL LL IL LL LL LL IA W U. LL LL LL IL 1L IL t1- N N um) ,D pm_7 O U T V G W < W of �mlt � � n >v n% ,.. to W R l�AJ N W `� •Y y m U a V © r) q� y n ,�:JV tLtryry �IUv � mlWr' c O N N 9 p U )5 Ci n5 ri OI a ZC v XN Wi?�?�c�NC�umnlW �12 cam 0 r7 a�hu22 TFi .M. „i A 19C -8 d, E O fJ TJ db L'4 ro 0 A A Ell O Op z Ef O phi ob ry 19C-9 uS � \ \� ! 3 "a W k § /®}» � \ \� ! )) /{ /\ z W 1§C.10 3 "a W )) /{ /\ z W 1§C.10 19C -11 0 � d B �.- � p k g e �G188Si�Yw�a8gRI P °�88k" �4 $88888 h Q r a o Nnrd�gp.- tm``�i` °I Ki ry n H z ru c°i�". LLI 1p ut rn n C Qf U N W S mm m unw�a»m�noi vnw� mm� K v: c aoo U) ao U 5 2 x x v vgxi rQxn N � w' w w VI N h vl rn �n [tea dry: � N N N 41 t9 W I-- N m N— ai N J K K V e� K S U tJ U C N � E > G FI' VI f/1 Ul N Z Z Z 'li �> .P ? i O O 2 Z 2 'L O� U d LL L LL LL i a 0 U W � S r a a a 0 1 N y a W W W W W I.V W 41 W p b 1y W W W `L 05 l] O O O p O p O g p p o q O O aO (] p p O 6 a O O N o U F � �xX� MXH X°>Zxx>e %u s°� °�Kxxx O tnm inw� � 19C -11 N d _y � y,N SI c :c m u � � 4N W s N C x U O cf b e � s m a �o 6 e 4 n y a> v E u O F 19C -12 a e a rc 29 a 4� zo sN �g �v �K U i S °rvj � M N d _y � y,N SI c :c m u � � 4N W s N C x U O cf b e � s m a �o 6 e 4 n y a> v E u O F 19C -12 a e a rc REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421 {STRATEGIC PLAN NO. 4,11),,- RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended • Ordinance on 1"Reading • Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between October 1, 2016 to March 31, 2017 valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit 1 is a listing of all purchase orders and agreements entered into between October 1, 2016 to March 31, 2017, valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by City Council. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #4 — City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit: 1. Quarterly Report of Contracts 1913-1 19D-2 O V 2 z p O L9 p O O° a Z U 03 a ~ C� umUi N m F m a m a Z w r w In Z Z Y > w O_ w Q m Q a O � z N 2 ¢ w m U (.7 Q w w O Q p> w G m aa N F p K w v O z FQ- oii m r w< w- m N F- Q J oil � w Z w> LL= w Z 0 Q U (7 s F a m IN- m w Q Z F- vl => Q m m a In o� 2 O vl m z In p o7j a x J a In V o w Z O¢ �+' Q Z F- � O O r w a w w vt C7 m l7 cc vi 1- V} 2 d p C a Q m m O a 0 o7j p Q m¢ u v¢i J p Z a Z¢ Z V u o m a O w j aa V u 2 F p z a 0 O w w a J a Ja N a Q N a m Q p 'u O In a w O' w '^ U a w w o0 Z 7 m J l7 > l7 m w U p z C7 Z F- l7 w w o �cc G> w�w� ¢ ¢mzpwOCC w mp u vVi p F- F O u �' ¢ G p S J O' w F N F- p Z m m O G K �1 (~n Q O F= O CC O g p Q d m v¢i Q Q a 0 D >i U X O z> 2> Z Q s z a z V w a 2i. a 2i w LL a N z IYiI v¢i v=i C O O O O O O O O O O O O O O O O .... C O C O ..... O n 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o cri vi ai o ri o �d of O ri vi O O O O O O O O O O O O O O O O O O O O O O O O O O O O O m E O O O V1 010 0 0 0 01c, 0 0 0 0 0 0 0 0 CIO", 0 ut O O O O O M N m I� M l0 m i0 I� to Nm Q ul' O Vl N N u1 O N VI N V1 111 C!1 V1 O V1 O O II1 O Ill O N w w w w w w w w w w > p p M p p p p p p p Q 6 ¢ V < V Q r 2 F- 2 cc cc cc > p ¢ w w O a a w u a u a a a a d a a a u w a a U u u w U W u u a W W W a a a a W d a m W N O 2 a mommmomrno�. -i x E N N O l0 L!1 m M N 7 VI N lD Ol m Vl h N N 01 W If1 V N lD m tD O V Lt) V V C Ill �' 7 Ill L!1 Vl 3 LLI z N c^i N N M N N N N N N fmYl m N m N N m c} N N N m N a m N N H N N N N � vvvvvvvvvavvaaav y F- u > u u u u u u u u u u u u u u u u> V U U U V V V U U U >.O Z O O O O O O O O O O O O O O O O z o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m m m m m m m m m m m m m m m m m m m m m m m m m m a a a a a a a a a w a a a 7 hJ } r U z o G z v z m z z w x z O O H z Z O O z Y z w N V o25 O Z O F- W W �_ O Q F=- r J O G O v1 U F- J~ w O m 0¢ O J z m Z¢ w O a w .� Z >j F- �. O O ¢ z w u m Cu I^ Z ¢m j F- z O Z Q p Q m W w x O p O Q m e 3 o z Z o = o w ° m a d? ° z ¢> 3 u oo u E 0 r V Z u 7 O Q ry U} O >w> w w v~i Q Z 17i1 W O l7 N > U Q K c w w J Z Q Z a VFl (� w z r- > V� W K >j w Z (D u z 0 W o 1~/1 Q N Z Uw V1 G J J r¢ O¢ O F- O Ow > C7 F- x Q to w m 0= m O m p¢ u O m p a U O L u z W¢ K O> J C w FN- Vii K 5 w m Q Q a F >i m Z a w Q Z w O CC mO d w U F- p_ z G m Z Y Q v > m¢ 0 0 cc O w m 0 ¢ w O O w x O x vl ¢ >¢ m x Y r¢ w> O m >¢ Q¢ m m u u u (7 (7 (7 = S z z z m m m vl I I- 1- O> > N¢¢ 19D-3 ti ff ti� -�\-i ti ti ti ti N ti ti ti ti ti ti ti ti ti ff ti ti ti ti ti ff ti ff ti m m m m m m m m v\ v\i u\i \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N O O N N m cl' to N n m m O N N M cy' m t0 h W m O H N M tf1 lD h W 01 O lO Z N N M 'cY II1 1p I� m Ol N N H H rl ci N N c H N N N N N N N N N N M M m M M M m m m m 19D-3 N Q N >> U W N h Z ¢ Q Z Q w w J Q u w N Q U O w m Q g s a w ¢ w N Q N O W O u N > - � W a_ Z K W a O m °_ m cc K a j > o� w fi z z y w a Z m0 ¢ a u m °' N z a Q a 0 O '^ z i- w Z U ID w x Z Q° O a �- N Q J ON z YO 5 N U p Q ° F d K° IN/1 z W N W G CO w K~ U O �= N S Z W m w a w Oi- I_ w¢ Q C m w Q ¢ ;cc c z N a w Z O g W =p = K Z Iw- N FO-- O w z M° K m m p 2 �7 Q °�- V a J U m w a Q V Z Z u N w Q Z O O Z Z O Z Q N 0 0 G w °' m �ru O a z IF > o2f a¢ z z a¢ c� ¢ v=, 3° w w N z p z 1wlf O z o G° z a O rc ¢ = Q w 2 j rc O a w 0 Q z w¢ >> N Q f- w z w Q rc w° Q O J J w >- Q Q V N N° m u W I- ° N J N N Q F F > u m N- Q Z F a H CL ¢ m V d W w l7 N 0- l0 O �-I O I� O N N O N O r1 h 0 0 I� O O N n O ey 01 O lD O a-1 O l0 O Ot m Ot M O tp �0 O O CO c o000 o ,-i HomNo00or100oco00Imm�InNaow .- 1omom.- +aimommod;o 1�oln ma m I< mof rio c-i mm om 0moi m lri cmmo� N O N Ot d' N O N O N O O l0 O O N m O N m a a w m n N M O m N m m N N l0 O Ot M N CO E ll O N 7 M r1 l0 Lr N Qt O N M N N OJ W .-I O Lr N M M n d' N l0 O N N N Q M Vf W N N N N N V1 O N Vl a d' Ill d` N Vl V1 N r1 N ci N N U d V O O Q � O a Q u uhqq z ° m ¢ z z ° z ° w cc rc ° ° ° cc ° ° ° w z ° o cc z ° ° Q a V d a u m a o- m a a w a a d o_ a W m u m 2 0. v. a a a u m m u a w a W w a W a a co n m cY 7 d' ti ti ti A O �-I N N rl N N H N N N N N �-1 N N N M m N M N N M M M 7� a N� d' N l0 1p l0 lD t0 l0 l0 �, lA O N V1 In LIl Ill Lll IIl 111 !ll N lt1 O O N lfl Ill lfl 111 N Ill Vl VI Vf 1n lfl N Vl Ifl Lfl 111 N Vl lfl N lfl Ill N N Ot N Qt Ol 01 01 Q1 01 01 Ot Ol Ol Ol N N Ql Qt 01 Qt 01 01 01 Ol Ol Ql Ql Qt 01 O1 61 01 01 O1 Ol Ol Ql Ol 01 61 01 = ei H '-I N ri rl ci '-I ri ei '-1 e-I e-I rl H N ri ei 1-I N e4 '-I e-I a-I e-1 N rl c'1 ri ei N 'i e-I '-I rl �-I a-1 Z .-1 Z 0 H a Q a a OW m a a a a a a OW a Q a m OW m m d m a m m n� m a a a a a a 0a a a a m m u N Z Q Q ° O Q Z Z V z N J 11 IVJ F- W J Z Q w V $ N u G l7 O O u O V a Z Z OJ J J J W O Q¢ Z N N J Z _ O] p W ¢Q Z zwu uz°a w V NOO uuQ ?F- 6O �OV UN NYZ O ?hm2wO<E-Ow ( oZJm 000 ° wm ¢�� Y N Q ° V Z u a O l7/� 2 -I N Z u w w W > O u I- 0 a w N w N Q N Y W Y ~° W Z w N~ J CC a' Q Z Z Z K Z a u O W V (7 w Z E2 z CM) Q u O O z Cl w w V' O m 0 w N N m> W ON ON FW- a 3 N o Q O G 2 Z F' Ow Z >j z m Z 0 I- O a a '^ O N O I- Z N Z C z u a 2 Z Q Z Z° m 2 m W a O G Q 0° Q Q m O Q? m I~il ~ IQ- z 0 w N (=9 >ad <vai Qm wu Wx- �2F�m2� °Q aaa��� mm¢I~il�¢ua -m>�m : wma A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0a 0 0 0 N b0 zvvdvaaaaaNLl 1NNNNNNNNioioioio��o�o�o�ionnnl�nn1�1�1�1�0o a 19D-4 zz z O FLD< w� w w w W Q N V K r N Z w W LL LL z K w Q a aI0 >auN u m°�NUZ�??cm70 vaiwN >Q w o? w a a o °o o a= � W LL N a W W N H 7 N = Z U" N w N z 2> w w o N N r1 U w O N V u ti z O Z w u N Z w u a_ I_ N Z I- co O N cc � I- Q O N k. O O O N � J N W � QwfL /wJ F- z�NFgvwiYZU °a �� �aQLLzxx°n; 2�CN ¢o�'~"�3U a w N r z> LL u °J o vxi t~_/I V a U a K n m F O cc z w °- N o U 0 2 u m 0 6 a Z w Z Q w w 0 �F Q z m V K U U, u O '^ N Z w Q U w pa. > o ZO N m w Z Z w w U ax ,_„ a a J w '^ Q Z C �wif v=i O g= N s O w r- O g va Q m z Q O O Q N g J w 0 0 Y w O w W0 w a w 0 z_ z a in 9. Z O z Y W Z W m �' N a K w a M Z_ m Z m w U u F F- N V K me J N V a~ W Q m 5 J V C) Z J Z I_ J LL �, N J K LC Z Z Q a J Z~ a F- } G N O d LLLLJ]] 2 O a O Z w O z Q Jc 02 w "'� O 2 O O > Q> F Ow O x O O Q w U w O Cj «LOLLL g J O Q>Q N Q V J LL N Q m LL N LL F N LL K U u m O> N Q U V no N= N J u W N- d d V U> C ON O 0 O O mm 0 0 0 0 V 1 O OO O O O O 0 w N O N O O O O O M O N O O N l D N Oml O m N W C n CO 4 O N �6 O N 6 6 Ol ti 6 6 N O m N rl e-I vt CO 1p 4 N 66 m N m O O m LD r� W v1 C1 vt �O m O O O O O h O O M N dm 4 a w 0 N m N O om N O O O N N 0 Q f!1 01 u'1 '-I V1 n f!1 f!1 rl� N N rl rl N N N W u O u a V N N U N a Q ano�om � 00 a a a Q a oa o �o�oo�� 2 c 2 mo M o3� w��w Q m LL a U U m a a W~ W a W a a d N N N N N 's ti r ti ti `vnaoipN�mo Nm mom, -i nwN Vio v.-i ��o rva io �, -�mNOa d'�nco 01 01 Ol N Ql Ol Ql Ql O I� N Ol W N Ol Ql 01 Ql Ol Ol Ol Ol Ql Ol Ol N N Ol Ol Ql N Ql Ql Ql Ol Ol Ol N Ol Ol z N V V V V I� Ow 0 a Q a a 0 0a m m a a m m 0 a a a d a d nO. O O O Q Q O O O a O O O O O O Q O O z z O_ — V O ~ } U a 2 V z Z a a O I- (.7 Y Z N N J a a N N K O V J Z ua O w 0 0 N O Z Z m z z O W u 0 0 V (J CC C7 N N W Z r w m N Z H F Uy O J a Z U r U E 4l N W d O K Z N w 3 Z K O C (7 Z K a O O w a U J O Z 'n Z Z O m Q E (7 U' J J Z LL, O d Z J U W W J } W F. H Z g J i %- Z a V Q p K O G BUJ Z `W Z U o LL m z m 2� 0 O P Z m N Z O z F �W O Z Z Q U Z N ; W p V F z x ., o a a" �., Wa „ . Z z > >? m (D oo ? zoo >NNY uuam� o oo z m R� ✓\I � l\O n r ti ti N N N N N N N N N M M M M M r r n n W W W W Q\t Q\1 Q\t O\1 O\l T O\1 O V Gl N N N N N N N M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rl N 0 0 0 O O O O O O�� m O ,�NmaN�o nwrnotiNmvN�ncorn °0000000000 °,�.iN,m- �tii `�°n -��o v zco co oo aco oo mo�wmrnmmmmrnmmrn�.��tiNti.ti��tititi.�. .�ti.�,�,�, -i,-i .-i o. 19D -5 Zw w mO a J U u v1 Z w W vl N x Z= w In w Q �> wd w U<zw �N �z wz c z O d h o w N O_ m Z (D m G w W Vl C z W Z W� Z d' Q K VI VI K w F- Y U U � z Vl W W J y l7 Z O U w w w 0 W Q u�i > l7 .n O Q a C. 2= a O w u O O Fm�- O V of la7 w d N Z Fw- J O 3 w O Z� w "' a G z W M d 0 In p w K< Y w Z w vVi O U m d U z Z Q Q w 9 I a O6 m wO a W U in ON z N w p z a Z w 0 0} Fw- c a U w Q m °� U o w °'i O a> i a lm7 Q °� w g ¢> u Fw- 0 7 O O W F rc Q O a O l7 Q W U w vl K I- w vwi vwi O w Q v1 Z Z Z cC Z U K w w z V ed IQn s w d � uW 0- w O ~ Li z a U �w z w a= Q Z w o m w N w O Q z c x �> O O w O w O O J "Z c d � Q z = I a cc O 0 d V>wa V LL>dUOQU- >OmF> am G O O N M O LD O O M O W 0 0 0 d' O 1/1 H W 1+1 M O O O O t0 W O O O O H O O O O M O O � c0 O O vt I� W N O O i.l1 O O O O O N O c0 M N H V O W O N M N 0 0 0 0 a0 O O O O M O N 0 0 0 0 vl a a m I� O N O O O O n N to W H d' d' O a t0 Ol O O O O W O 0 0 0 tll vt I� O N M m M m M d' O O t0 CO O O O O O� O O I� O M O i0 Qal O M 7 0 Ot al Lfl rl 01 rl l0' N N Vl N m N HI N N W N N O N Nf Ol' In ul lr� d' N N M ti H N H W aa ud u a a aa u ma U a a a u ao u as a a uuuu a L u W W M a 23: .0 H H N N H N N N N m M M H M d' V Ill 1/1 a a� V V V H Yl 1/1 u1 N N N V1 n r O O � t0 l0 l0 t0 l0 O lD l0 l0 O lD lD lD l0 tp l0 l0 l0 lD l0 l0 O l0 l0 l0 t0 111 al W t0 I� H l0 Ll) tD l0 l0 N N M Ol 41 01 N N N ��-1 N OI N N N N ti Ol M Ol .01-1 N N H H H m O M M N dp' M N N H H Z Z Z d F 00000000000c000000c000000c000coc00000000 m m m d m m d m d d d } z z z O = z V Q Vl O Z W -� Z O U Y ONO a wU u U >" c7U r[ Z a O Z Z Q w Qm O z O V v~i �xj U I- QJ V Z J } F a VI Z J Z O O O w X 05 3 Z zla- N Z in F 1^ 3 vwi Y O O d Z v1 F- rr 7 w cc d Z In Z O J vi Z V z z >i U w z u w Q a? z F- w z p V a O E o w Q 3 o u °z V Q w w o z° v °= z z Z z m w u w m o o z u OU 0 O Z O> U W Z d J m N m V Vl U O W d' Q S W Q z 1~/1 7 U mO d' aU Q V Z 0 VI O O CC W >i' M m N � N d> W O N T Vl a m a u W m a W Z d C7 IW V1 O O Q S O > U OJ a V W d' O (n a W f- F- 0W m U 0 J J K (n S> LL V Q U o o LL? Y Z t/1 O a a i0 i0 1p t0 l0 t0 N i0 i0 l0 lD l0 ID l0 i0 l0 i0 �O t0 i0 �0 i0 i0 iD �O �0 t0 t0 iD tD i0 �O ID l0 l0 m l0 iD t0 iD \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ C V 111 If1 V1 L!1 t0 1p t0 I� n r W H M OJ al O1 Ol N O1 Ot m O O O H H H H H H H H H H N C! H H H H H H H H H H H H H N N N N N N N N N N N N M M M 0 0 0 0 0 0 0 0 0 0 0 0 0 N N ;ZT 10 H H H H H H H H H H H H H H H H H H H H H H H H H H H H N N N N N N N N N N N o H H H H H H H H H H H r-I H H H H H H H H H H H H H H H H H H H H H H H H H H H H a N N N N N N N N N m M M M M M M (MVl d0' d' a a V 7 V V a a O u1 N U1 N In N In In N lD v N Z H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H d 19D-6 O N N M u O Y N N N v 0 Id O V C O U 0 O 0 n d C v O z p 0 '0 > >Y J N ~ Z ~ O p O V \ O t>/l a m O O Z V Z w F- x (m7 U �C w I- G m m O m 0 0 0 u 0 J G Q W O Z a U J G q m J == G N G G G m Z Z Z Z H m 0 a p w N N O N Z w 0 ° a vai vai K m C z C C7 F- Q Q Q a w O O m 0 3 X w Z w U 3 p z x '' Q m r r r H H F- F- F' p Z Z Z Z w a z r �o w a p =i 2 O w z_ g a 2� 2 Z Z z Z U �Wi. .7 N a s j O o w N a u<<< < N N F N z z z Z v}i 9llaZZOaQ °o °} QoQaz_a000�o u u w�0000g • w w u Q W p p V u CC l7 H O K a a a O a O O N �--. K K [C a u p p LL Q > LL S Z ~- N g Z S- a LL } W m yF-j Z Z Z N Z N N N Z w W W z> O p Z aQ O w a Q O 7 Z Q W iN O N S O m w 0 0 0 w 0 w w w 0 J `^ '-^ p m w N Q W lJ N> a �i Q V a V> N N N N a N a Q R' p p p J p J J J U w u p u u u C W m 0 O1 V N N O tD O O� 6 M O N O w l0 O O O N 4 O r+ O 6 6 6 6 6 0 0 o 0 m c� W r0 O � .-I W O N a 0� W 01 N OJ I� O N cl' rl N t0 N 0 0 0 tD a O N 66 0 0 0 0 0 6o 0 lO N Ot M M � l0 h 0 iO V �0 r1 Oi ri Ol O m 0 lD ry N N O O .-i t0 M N N CO N 0 0 0 0 0 0 0 rl' O n m Ot H O Q i N N - N rl 1 W N N C l rl N N N N N N N N n W Nf f!1 N Lr� .-I N N N i/} L1 Vt {/T i/} '%i '1/} i/T V/T 1R iA VF V} i/T VT VT Vl iA V! l/T {h i/} iA V! i/1 iA iA {A VF V1 V} 4/T YA Vl iA i/1 i/T UT i/T OF u y N a a N N N a Q u u a a a U o 0 o U U U U U U Q a 0 0 0 U one p p 3 m p 3 3 p m m p p 3 3 p z p p p m u u u cc m m m m m 3 3 3 3 3 s a LL a a a d LL LL LL LL LL a� a a d a V d 0. d LL 2 LL LL a u u u a a s a d a n. a a a LL LL l0 dt m 0 N m W N N V M N mio WNnnnnannmmm titi ~ ti ti titi titi ti ti ti ti ti tD t0 h N W W of Ol 00 Ol Ot N Ol N O� O Oi O O O O ti N ti O �D �O tD t0 l0 l� l0 t0 l0 l0 l0 t0 lD l0 iD I� � n n n r n n n r 0 0 0 O N O N 0 0 0 0 0 O N O N 0 0 N dl N O1 01 01 01 Ol Ol Ol Ol Ol Ql Ol Ql Ol Ol 01 Ol O1 01 01 01 Ol Ol Ol N N N N N N N N N N N N N N Ol H N H ey 'i rl ci rl r1 N H N e4 r-I e-I r-I e-I N �-1 ei 'i ci rl rl r-I i-1 Z m � O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 O O Q tO W O O O O O O' O O W O 0 F- � C C C 2 0 2 m m m LL m m n a o c a m m a LL LL LL m a a a Q a Q a a a a a a¢ a¢ N Z Z oZ U z 0 0 j Z Z Z Z J Z c O_ u_ u u Z u y u 0 ¢ Q N 0 0 0 0 0 N Z J J N z a Z X Z Z J (7 p p p p V OO F K m i' LL W W w= R K w O a J Z w w w W z Z F w '^ O a J H O V w J a 0 0 w O in Q a a a N as o �w gu z v}^0 ou< aOoZZzZ� z V OO o Z z WJ O O N Z v~i w F- U Z CC Z j N N Z I- Y j 0 0 0 0} LD Fn J J J J N Z >- O Z W m O Z a J m m w Q a O z w Z F u 0 0 Q M W O w Z a U U U U O z m u o° g z~ a W z 'z o> 3 mo u° °m u Y z > >~ wx o z z 9 p< d H J in x w m 2 Q O w o 0 a w Q O H LL> z_ Z j U a w 1- Z a w w w w v z ¢ ~F -F-JF- 3mzyW u >NaJ m z < �SSx S� w w K m m w w w I- cC a czzaF- Zx,NJxO >o¢SNYa0N¢o z� W V ��azxam� » »J > O J 0 0 0 3 U ON a w w -- v 2 a X Q Q z K vai w N N Ox N Q OU v=i OV x 0 0 0 0 u .-i N N titi .i .ti ti ,�, titi ti ti ti ti N N ti N N ti N N ti~ .-� ti titi N N ti ti ti N ti N ti ti ti � n n n ry ry ry m m y �v v a v� v vii vii vii vii rn m m m m m m m m rn m m m m m m m m m m o A N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O N N H N N N N N N N N N N N N N N N N N H N a-1 N N N N N rl N N H N N N N N c-I N c-I rl N M d' N tD m Ol O N N M d' N l0 I� W M O N N M W M O N N M W M O 19D-7 T N h0 a d J J p 0 J 0 O O�O R006, =666E �N33 m333m W OOOOtimmoY W [C fL m cL Z Z M Z Z Z Z Z m`lQnn v'ni vv'iN�ww�LL M����� < 0 ywj CC K w w U w w w w w CC U CC J w CC K CL m K 2 O U V V V U Q Q O W Z l7 C7 U' O C7 a U W W W W Q J J Q � Z d• Q Q Q Q Q w» w F a w U w O h 0 to vi w vi a Z Z Q O Y W Q Q Q Q Q C Sk J J J J J K CC J d Y d J J J J J = rn o 0 0 0 0 0 0 0 0 o in 0 0 0 0 0 p m 0 0 0 0 0 0 0 0 N N m O O O O O EU °o°o oo oo °o °o°o°o o oo oo oo oo Q Lr Lr Lr Lr Lr iri Lr Lr .-i Lr Lr Lr Lr Lr N N N N N N N N N N N N N 7 V v aUUUUaQaa QaQaa m3zm�= 0033333 Q d d d d d d d d d d d d d d d d d H N m � w N m o m m N H m wwww�w m000m d V tp 1p lD lD tp t0 l0 lD i� Ol m 1p 1p 1p 1p 1p .C1 H H H H H H H H H H H H H H H H H Ql N N N N N N N N 01 Ol 01 N N N N N Z N Z Z Z Z Z Z Z Z H ti ti Z Z Z Z Z N F O U O O U O O O U d O O O U O O O w m J J Z Q J Q w C Z O > m m mmu= O °o Z Z 3 X Op w U_ w Z H H N w 0 0 0 0 0 0 J Z a> a "� O �� °wGGGGGG�w�wwzw �u � Z Q Z Z w J W U Z Z Z Z Z Z =�� w w O w M U w > P- w J J W w V1 N Vf M V1 F- CC ° m~ C7 Q J VQ m U U Q U U g a u u= o o W W Q W W W W W W Z Z O u V J W J w Fw- w FQ- d w O Q Y V a a in LA w� M Z w ' m� 0 Q 7 O O O O O w> w w w w w w U Z> O U U J> J J J J J J VI W LL d W m V V S V 0 0 0 M 0 0 0 0 0 0 vet 7 H 0 0 0 N O O . . . . . . . . . . . . . . . . . . . . . °o °o °o °o °o VI V1 111 rl In Ln Ifl Il) l6 N H a-i Vl H IA N N N N N N N N N N N 3 3 3 3 U U U U U U U 'n "' a 0 d U 'n Q U cc�mmmrc��oo m m��oa d d d d d d d d d d IL lL d d V d LL d d d wino in �onwom ,-� r m m o w w w w m m m m N N N N H H H H H H H H N N N W-1 ���� N N dM' N N N •W-1 N N N N N N 01 N N N N N N O1 01 O1 01 01 N Ol O1 N Ol O1 Z Z Z H Z Z Z Z Z Z H H H H H Z H H Z H U U U U O D U U OQ U U °a a a a a U a a U a °m O ° Z s s G Z z U w w Q O -' ° w `Z"<cD mz as o z W- in am00 0gJQw omu Z QU' ?w z wcc> vi Q J G d J C7 Q w Q CQ J u o< Q a W U m O J 0 0 0 G a O QQN1' Q\ VI G J�(( O- Z ~? Z W CJ J W LL H Q Z U W O a O O O' Q N Q Q Q J Q Z Z O Q 0 Z Q Z O J K m F- w p U E�=mmQ". wN Q m w z z m Z� J� Q `Y "-'O Om ni�� °z�°w ol7 a2mQ Z m u g~ J `� o ng Z m? u u> N o 0 p z w z 0 m w> g LL? u 0 cZ Ca d ,wn c W O Z J J p Z Z F W W W 0 0 0 S Z J W> Z Q a Q V Q Q S w Q Y C G G O c w Z G w Q >j Z QQ J= Q Z d d d Z J - } O O = Q m Z W W U Z V G Q v Q a w u Q U w O w w 0 00 Q a Z m w w >j G w Q w a K cc Q m -� m Q 0 CC m > >i- .n m a J g> LL m D m J J J �n > Q O m V Q= m U d �n in O O m U U Y G H H H H H H H H H H H H H H H H H 0 00 0 0 0 0 0 0 N N N\-I ti N N ti Y! N N N N N N N N N N N N N N N N N A N N N N N N N N N N N N N N N N N O H H H H H H H H H H H H H H H H H N N N N N N N N m M n r r r n r W W W O\l H N N N N N N N N N N N N N N N N N N N N O \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N N N N N N N N N N N N N N N N N N N N H H H H H H N N N H H H H H H H H H H H H O H N M V M l 1 w M O H N M C V l I w m O H N m d m l r w m O H N M V V l I m O O O O O O O O O H H H H H H H H H H N N N N N N N N N N M M m M m m M m m Z N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 19D-8 T O�U a d w z LL Z N w m ¢¢ J V Q N O X 7 w p vwi w m 0 m d> N Z p} 'a D H } y Z m Z¢ V1 w w w G 2 U\ g F u O w g N r N Q F vwi N Q J O M z w w . 3 U z w w Z m0 U U d m W U w Q Z N m U O w W 1!1 W W Z J N Z LL K G J N w °� a >> F m w w 0> O w U> vi m u w Z O X 5 Z m O Z w Q M O w Q w w W w w Q a -� a o- w w z p > w Q w Y Ou d- Q W F O O -= Z Z U u x m 0 N O Q °' m N O Z w N u�i U m Z d M 0 Z_ M w Q QO O Z p ° w z O w Q S OI- m p ° N _ 'LL^ z w~ w w z m}} H w z g Q° w o w -W' N U a c Q V N ¢�¢ ¢ d¢ G IN- Q H p a 0 a m z 0 p 0 U N 3 H m w W cc p w O g> s '.2 z Z K Z" a otJ tC 7 m Z N � O O z �= Q ==< Q 1=a ON w Z a Q 2=u=< M 0 p p m w O h a °C O u O O V c Q Z g U w C7 a N Q U u V w Z W Q w U m N U G° V K LL w K Q O Y G p Z -� m w d W w r >' O '^ w °LL S U Q LL w O Z Q= Q~Q Q w O Q Q g p 0 0 w w D w W a _ 2 O 0 0 0 0 w V Z w(D w Ln w w Q d w w U Q N d m V l7 > LL d 0 Y [C u p U N Q u d Q w U F S a N m Q O a S J J F C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rl N O N O N O N N - lO N O N h 00 O M M - O O O O N O D O O O O O O O O O O O O O O O O O O N V O � O t0 cr W M N O a O N o 0 0 0 0 N O O O O O O O O O O O O O O O O O O h N 0 Ot O N lD M O lD ti h M N W CO 0 0 0 0 d' 01 - Q O O' I O' O' vt' O M' N O N O h N m O O ti N O ti N N' N t0 l W H V O vt V O ? p p p p p p p pp p y r Q Y N N N N U Q N U V V K V N N N Q O D U V K Q pqp p >j uu I-��F-gpp� m2�� pmmOwm���p p�Ummrcwm Q d U d V V d V U U LL LL V LL d d LL V d a LL U d a a V U a a a d a a,u u u u u u u u > U U V> U U U U U u H m m m m °m °m °m m? °m °m m? m m m m m 6°. M m M M a a a a a a a a a °d a Q Q Q Q r Z u w w Q 5 `^ r z0 I- Q U Z ° O N r O V V w W N < u Ha K V Z K W V_ � l7 d z Z K S Q N O tril Q Z m w 0 O a x Q m Z � Z O a 0 2 O> u m w v~i o2f Q u r r Z w r o w O = Q a ¢- z F a O a Z Ou ~ J V Y z Q I- ~ p £ a w w a p O_ u C aC .6 C7 l7 0 0 0 Q Q O p 0 m LL u> > w O (D C m U Q Z w ¢ O Z Za i_ U m r H LL J G W F- Q CC J d° W Z O` Z W O > J O V U 6. G W Z p O¢Q x V m 0 W m w Z� 0 w O Q °2 u Y O u d u Z O Z= LL N O N H Z Q Cx7 a °� 22 ° U O w Q w 2 w O, a pw pw Q¢~ Cp Y c[ w Q Q ": u p C O w O O O= Z z X v 2 M O Q w z > Q m m V V W LL LL U' = G Z O d O' N .J m N c.S U J N N W Z O p W V Q Q W V J V C ti N V M N N N M M M M M M 0 0 0 0 0 0 d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N .-I N e-I H rl N rl N O O O O N N p O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N I� W N 01 N O M N N O Ol N N �p r ri ^ ri m N M a a a a N w r gmco �orvvam�o �.-i ,-� N,- immmnmm�nnn�������n�000000 N O N N N M m V Ol Ol d' N N N W W Ql Ol O Ql Ql Ql Ql Ol 01 01 01 01 01 O1 01 O1 N N N N N N a,u u u u u u u u > U U V> U U U U U u H m m m m °m °m °m m? °m °m m? m m m m m 6°. M m M M a a a a a a a a a °d a Q Q Q Q r Z u w w Q 5 `^ r z0 I- Q U Z ° O N r O V V w W N < u Ha K V Z K W V_ � l7 d z Z K S Q N O tril Q Z m w 0 O a x Q m Z � Z O a 0 2 O> u m w v~i o2f Q u r r Z w r o w O = Q a ¢- z F a O a Z Ou ~ J V Y z Q I- ~ p £ a w w a p O_ u C aC .6 C7 l7 0 0 0 Q Q O p 0 m LL u> > w O (D C m U Q Z w ¢ O Z Za i_ U m r H LL J G W F- Q CC J d° W Z O` Z W O > J O V U 6. G W Z p O¢Q x V m 0 W m w Z� 0 w O Q °2 u Y O u d u Z O Z= LL N O N H Z Q Cx7 a °� 22 ° U O w Q w 2 w O, a pw pw Q¢~ Cp Y c[ w Q Q ": u p C O w O O O= Z z X v 2 M O Q w z > Q m m V V W LL LL U' = G Z O d O' N .J m N c.S U J N N W Z O p W V Q Q W V J V 19D-9 v-I N ci ci ri N ri ri ci 'i N ei N r-1 a-1 'i N a-1 N a-I �-1 ci ri ci ri ci ri ri ri ri ri ri ci ri ri ci ri ci rl ci N N M M M M M M d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N .-I N e-I H rl N rl Ip N N �-1 N rl N N .-i N rl N N N N e-I N N N H N N N N N N N N N N N N N rl N N N N N N N p O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N M a a a a N w r N d' d' d' d' d' d' N N N �N11 N V^1 V�1 ��11 m l0 1p lM0 l�0 lND lm0 l^O lN0 n r n N r r r Z N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N d 19D-9 m w v u m 0 w y O O Q W Q U w F¢- O m m V Q Z Z x w w aw F w Q m a V a > (-g 7 U v> i w vi Q Z � J z 0 a j xO w I 0 w a m Q U I- � Q WO a }w < 0 ¢x w w m w > o Z =z O = m m ow o m d H N J °' gN z W vOiwOQO¢ ~O�Zw"'ma��Z�Omma z 02 wvOiO�azaZps z U J u~i a Z\ Z w w N g 0 u a Z 0 v=i a, d w a w ¢ m Z Q Z Z F¢- m w z z ce O Co = Z O FW- p w O d 0 = N z m- z m= a m U m} N w> g u I=- a cc w u W 0 2i a m O? v O O Q Y a Q O z w Q o a a W w Q o Z O F w Q Qm � Z w U 0 Q a w u} Z UwM00U' QzZm ZD OwwOwQOQmwOm 0cG Z0Zm w w 0 Z w Q d 0 0 D x w O m J m J m V I- w a m 0¢ O x o a d a �n m w ad `� �n w .n m u d w g v� d w d u F v� vi w d d a d u d ® T w V1 O O� a O1 a N m of O I� M r O m M O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M O� E W N Ol O m N I� m m rl Vl d' Ol lD 'i l0 N O N rl N O O O O v1 0 0 0 0 0 0 Lr O O O O M vt Ol rvt' W c+l nMI' N' O O N N l+1 O vt i0' ift c+l' itl' O v) M' N N a W w w u 0U v'u uin u aw aQ u ¢ua m s o cc m o 0 0¢ m 0 >i- cc o m 3 m rc 0 0 m 0 a 0 0 o z Q d d W d d d d U w d d d d d d d d� d U d d d d LL d w w V d w d d LL d V V d d d m c oo �0 000 0 0 0 vioa�mno�N�n���.- ivmi.n io no m a rvmm ago moo mio n,- �rvrv.�ti, -i o�mo�arowm co m rnmm O^1 T O^1 O^1 O^t O^l ON O^t O^1 0 o O O^1 Q^1 O^1 O^1 O^1 O^1 Owl M 0^l lW0 m N l^O W n vNi m � T l�0 Q^t W N lWl1 H O^t Q^1 O^1 Z m v u u u u u u u u u u u u u u v > O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o � d d a d d d Q d d Q¢ a d m d o d d d m d m m m m m m m m m m m d m m m m d d d z Z U a U Z u U Z V u Z u Z ? } U Ur Z_ z } m w a 0 Z H Z W w w H a J> K W h u d Q J O U Q Z' > U Z > J O y U z N Z J O wwC7 >Q� W Q U Zz0zw Z O a J G I -QwZGw m a d X W V1} } }O-' K J Vf N r u¢ V1 a y Q¢ ti O o v' z 0 d `n J O a s z m w z z W CC } V U w d Q J Q V O Q d C �- Ca c J G C u N Z Ow O < FZ Z Z w w V VcI Z a Zc C N O Z to J a Z Z Z a x W F Z Z d U 2F u Z W J d' V Z H G w W Q a z G LL> `o OJ F- . = m Q O O Q 0 0 Q F- w 0 0 i ¢ `^ rc w~ J w W Q h ¢ w ,W/1 cc a Z xxQm O v d¢ O Q J m GC a >¢ Vl N Vl O Q w V V1 m O a} z d CC H W U Vf LL x a m H V1 zw 2 O LL O LL d Vf m V u W (D Z Z m O W d 2 a _ .n O d m CC N V1 VJ > d 19D -10 0 0 0 0 0 o O o o 0 0 O 0 0 O O O O O O O O O O O O O O O O O O O 00 N m O N N M d' vt lD I� m O1 O N N M a�� r m O1 O N N M d' V1 tO I� m Ol O .-1 N M d' N t0 r m bA tl N N N N N N N O O O O O O M O O O Z N N N N N N N N N N N N N N m M M M M M M M m 19D -10 o o ¢ mow 0 —0 QQ > o m ON O w U w w CC C O w N < yI Z W Q ( Z z w x z Z a a Y 1a7 Z m y z w Q m 0 a Z w< m O Q Z z O w g a z= w¢ F 0 m a H vi w m m D oN w `n a a JI x vI Z O W IQ- In z I- m > O w G Y W w cC �i w z O O (D Z vI (D a�arC7 w� w`nzwp D �a �JKuFOJ zcoo<C7Za 5 0 z o z o o z o z °z Jaw ° a o z w a z a a z a o a w u m w In z a cc F- m I- O O( �" D �j x O U rc w �^ cC F- Q O J �. a p 0 In V= 01 u z O} 0 0 0 0 Q m U a CN7 > z u m W z a x a >> K Z In z u Q u V g m a K Q 0 a r a U Y U Y vx-1 O Y Z d a Q = ap a Y K U F- w d U a Q a M w w l~-7 3 Q 5 ~-u w w O Q a S S 2i U Z m a Q w a j w 7 O a w w w m G a' Z In W a 0 0 (7 D m F- vI a C7 O O a x vI a vI U O w �i- cn u 0 In In V 2 w W M g 3 0 0 ti 0 0 I� w Vt O ti d' �D W O t0 Ot O m vt I� to N O N M to IA d' W N .-1 O O� M d' O O O1 O� E Ol tT K ti LO N O a N d' O O I� O N N M [Y N vt O O Ol m N v1 ut N O1 O O O I� 7 Q d D 0 0 V l L l N N Lr H1 N N N N N In Vl N' T u d a V v a V V `t� a a a `^ `^ s z `ti Q V M In In Q a U U a U a ug o 0 3 o m m o a 0 o 0 3 o= o z o m o 3 0 u Il IL d Il u m m m a m u a a d a Ol O N N p N N e-I O O O O d H O I� N N to O n m W W l0 I!) N CO O Q1 N m a to m� m W N W d' N h N 01 N M O ri^ V O I� W W i� m 0 m W m W m W o� c0 W m o0 m W m c0 W W O m m CO W OJ CO W W W W CO W O O m [0 m � N N N N N N N N H N tT 01 m tT lr tT lr M m N Ol Ol N O1 01 � Ol Ol N N N N H '�-I Ol N N 01 ti H Z ci rl rl ci Z e4 rl c'1 e4 '-I e-I e-I '-I ei '-I e-I rl rl rl H H a-1 Z r-1 a-1 f-1 cl N f-1 a-i c-I ri ci ri c-I Z Z 'i N r-I d H 0 0 0 0 Q 0 0 0 0 00 0 0 0 0 0 0 0 0 a o 0a O Q O C O n0. a O O 0a a nO. O O Q a O a O a J W Q z a .l J U Z w 0 W Z Z M V v, z w j a cc g o r r o> �N� w ow dD < a �F V O V z w J a O Z u Ou p OW vai d F O O p w a Z v V u w Z N u O Om 0 Z z z m w N Z D m w Z m d 0 a Z 0 u 0u 0 w `^ Z Z Z_ O' y K Z Z M � Z F' Z a G o CC ~ O Q J a �.% J J E z W N U S O U Q O W( m O ( u' �% O 0 N Z O J Q 0 2 O U' J O p M U 0 z a w m J D Z M u J V u K (7 O Y a Z Z Z w �i d z Z m U O Fm- z V 0 w a D 0 Z �j w z 0 a Q 0 =° z H In Q? y n o V N n J w w w 0 z o 0 a o u W m m u m 9 x a W z w J Q W a o 0 z F ^ V¢ z N O w g z C7 z m a r a g z m Q m Z x 2i O w 0 u. K O 2 m Z Z IWiI x g m a a m w O w Z Z C, a 0 J W In Z O z m m 2 U O 2 0 W W O O U O a� O W= O u O w O w m a cw O 0 > w F- N M m Q a U (7 O d O_ - J Q' > IL d CC J N> m u u W d' a Q a Vt vt G U a a a n n n n n n n n n n r r n r n r n r r r r r r r r r r r r r r r n r r r n r n n N N N m w r n r n n n n n W W W W m m m m m m d\' V V V V V m I� m N If\1 m m m l\O w O N N N N N N N N N N N OM m frvil M M M M M M mm cc aN� m� am� wt V mV a' O� N INit N�m N�m Nwm N tio Z m M M m M m M m m M m M M m M m M M M M M M M M M M M M M M M M M m M M M m m M d 19D -11 F- Z J w 0 F- a w w Z FN- M a w ti w 0 zO>} 6 N Car/ W K 1 S X J U z_ W Fd' N J WLL W 2 Z } Q¢ z m O LL 3 C X % Z '^ N J la'J \ N g 0 Y~ Q W Z N w Z <° O Z N a U° vwi K 2 w Z � w Q v~i M U w O m w � Q N �= v~i Q 0 Q V R O w w v=i ~� 0 '^ N Z w m w x a a N v=i o O Z z N iv V F= o N 6 -w a s °- z u N O U V h gU" U z Z m tNi1 O U s a w Q LL~ F= G? N= 1k w o m Ur °m m W v=i d Q O' ¢ N w J m u Ui > o g w Q u O Z Z Z L } Z OYl a 3 W z G Vl N LLI m LL 2 z > w° l.7 ° z ¢. \ W� i+ a Z N z w w LL Q O m x Z w° N a LL g° l7 Z F- O u c m w W LL O m o h W U N z Y a 3 m w w a z (D `u ° l7 O Q O Q JQ 0�> O Z a> O >i 0� °� F> m Fw- N� Q� a� Z h z j N a� � J Q a p a d° Q Z° Z o a w a o a m a a z N aa a m 0 3 Q a 0 0 w a O Z °w O w 0 J w ER a m V LL w F° N N u m m Q�> 0 w J U 2 x a a N a a >i ° a J N N O J m m C N i0 tD M O l0 O M i0 4 0 0 0 tp Ol V l0 d' N O N H O O O O O O O O O O O O O O m 0 0 C m h N �O .-1 00 O N m d' 666 N �--I h 01 OJ lO N m h 0 0 0 0 0 0 660'0' 0 0 0 0 0 0 0 0 N 0 0 O o 0 0 0 0 0 0 0 o O N 0 0 N tp rr a t!1 M a H N l0 Ml N lYl Ol M u1 O l0 ul O M V1 t<1 u1 L(1 N Vl N K1 W W U v N N U O U N N N N N Q U N N O N N a N N N Q V V U N N N no mcc�� °���3��� °coca ° °��� a r LL LL �, d d LL LL LL O. V d LL LL LL LL LL m 0 LL LL LL U LL U LL u �. LL LL LL U d 4. d a a LL LL LL O O 0 0 0 0 0 0 d .-V W l0 N Q� N N N c0 m n r N i0 m N m h W 7 N ti 0 h h I� n n n N m h aNaa�vN�oNwN,titim�mhhhhwo�mm Ntiti.�.�. -immm �maom o�mco m co como0ao m commcommoammNMao�o �ov000000mwm Ol 01 01 01 Ol 01 01 Ql 01 Ol N N 01 Ql 01 01 Ol 01 Ol Ol Ol 01 Ol V 01 N V N N N N N N N N N O1 O1 01 Z U U U V U > U U F 0 00 0 00 0 0 0 n0. 0 0 0 0 0 0 n0. 0 0 0 0 0 0 00 0 m m m m m z m m 0 0 0 Q Q Q o o c N w U m } N z cc z 0 z Z U Q ° O O I- z J a N F' d J D J w Z 1= Q w< NO O a C7 ZZ U w V d Vr w H Z Q C7 Z W<Q LL z z O O} m w w cY N 0-=Z ? z a Z) w�� Z � N vOiNN0 u>z 3:z 03 V zcca00mz zjw J'^��NZ �QO�u �N N p w w N 0 °° z Z Z V~i ° w z° '+� O w =p °b F- w m Q vLLi =)Z ° N OU Z Y} L= O- Z Z Fn J N a°� Q JO m w Z N a Z Q u° z C7 Z Z z Y Z L' X z VN1 W L U Li GJ Q Q O W °' Q= a 7 Z a r � wC w a F- z a Q Q G O w a a z � N Q U m > U u Z? ON Q Ou N ON vOi a H O h a Z 0= Q Q m wu o o a> >i vai m vYi LL U Q O F h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h ti ti ti titi .a ti .-� ti ti ti .� .a ti N .i N ti .-� ti titi ,� ti tititi titi titi ti ti .-� ti N .� ti ti ti \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N N l0 1p l0 l0 lD h h h h h 1� h ti H N N M M m m m M M M M m M M M M M M M M M p N 01 O N N m V N l0 h m Ol O N N M 7 N lD h m Ol O XH N M V N lw h N m1 O N N m V N l0 h W � N l0 l0 l0 l0 l0 l0 lO l0 l0 l0 h h h h h h h h h h m W W m W W m m m m Ol Ql Ql 01 01 01 01 Ol � tl0 (p Z M M M m m M M M M m M M M M M M M m M m M M M M m m m m M M m m M m m M M M M M a 19D -12 LL W J > Z U N Z K w H Fm- J Z a w J N J d Z N d LL Z Y Z O izo m 1=QZ� a�a Om0 3U Q QDa> m w O az Z vai U N a z> w z Z W m I_ iW U Q O K p a Z z Y Q W F, O a Q w U=< 9 Q m Q w °a' a a C O u~i m Q= Z w Z Q 2 0Ow00 0= as v Ourw ax zY o- 'Nm >0a 7 w m V 0 F- m u O Z< �- o O w u D a °m °¢ o Q Z o O Q m V u a ^N! U U N 3 e o o ry N w N N g O o m m o 0 o a m o m o 0 o O m N N N W N N V O N I� M ut O O N M ti \O N O a V1 Nzl� W N V M fl I-� V1 N N N i/}'N V} N. i/T i/} i/T V} V} Vl 1/1 1/f i/T {/4 V1 � i/} {/f 1/T V} 4/} ✓1 o_ a N Q O m J a w w o a Q a a Q ° Y ° m N w m ° z 0 W z a o z u O. a O u N H Z l7 Y Q W N ° N z K °}} Z Z U �- Q J} I- °' m m W Z �" m m G u m o_ U a w m N Y N a Q j U U J Q �. W O W LL LL m 0 to Z Z 0 0 wz .2 H u N w Z z w w m � 0 0 u Y a= Q m z= _. ~ Oa m m w o 0 o o 0 0 0 K W Q a Y H F= N m U .7 U K F a a 0 0 l0 lD N N N M O O N Ol N O O N N O O 01 cl N N rI d' M r 1 01 m N N O t0 N O N N N ri l Oi d' c+l Ott T y 0 a a a a a O a U Q V a N O O V V U m m c = m m v N N N O O O d N Q1 0 N N a m 0 m l0 N O O N m N O r 0 0 0 0 0 0 0 0 0 H N N H N N N N N N N N m N � o co m m rn m m m m m m m m m m o m m m m m o N al Ot N Q1 O1 O1 O7 Ol Q1 QI Q1 Ol Qt O1 N Qt O1 N 01 01 N Z Z N N m N N N O O C N N M O m Ol N N l0 N ri N N M d' N N m m m m m m m m m rn o m m m m o c T al N Ol al N N N al al N N N Ol N N N N CL > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F a a a a a a a n n o a o o o o_ < a o a o_ a Q a a a a a a o_ a a a a a a a a a Q u N Q J N F w a m Z N w O ¢ u O Z z o " z a U O s 0 Q 0 Z O O o Q O Z m d O J z m= w O '^ N N m m m m Z o z w'0 u z m 0 z u °u > �aa o a 0 U° 0 0 g m a ° w Z> Q O z° 2 Q z z z Z i O Y u u m Q a a ~~ v~i z o o w U E 2< m w cu o o n. O Q O `Z � O `� �° O Z Z� E; E E a m O O w J J7 vNi Q V U � z Z z w o o o w= z a w o a w W u a z z z N o o m a w a N > F- K Q 2 N a N U N a m og zami'z ~�_° Woz a3zFaw 'z wOUNa zwYww go =_--O v w o 0 o a a m w JQ~ o° K z°a a z K w z H 0 Q Q>c °u 2 o a= > 2 u m u° (7 Z N u N N lJ Z LL 0 m m U a U a 2 �- Q Q° a -_' z LL U m o_' G W Y N N u a N N N N N N N N N N N N N N N N N N N N N N m m m m m m m m m m m m m m m m m m m m m m O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N � ti ti ti ti ti ti ti ti ti ti� ti ti ti ti� .i .-i N ti ti ti ti ti ti ti ti ti N ti ti ti ti mmmmmmmmmmmmmmmmm 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Q1 0 0 0 0 0 0 0 0 0 0 e-I N N H vl N N �. ON N N N N N N N N N M M M M M fmvl M zmd- �vvv�rvvvad-vva�raacaaa aaa��aav�rvvaaaaaa 19D -13 c-I N v bD D_ w N O Y m Z Q Q O > N Z cc w p a M w m Z w FM w O O D U o � Q 0 2 NN u O a w m K 2 a N s mtj F- Z w F- Q a O Z u z , Z m vWi w F- mU maw p m C) U � S u w w Y Z w Z F a N w � K a J m Z C Q 0 0 m H Z w LL W= 0 0 0 W 0 a LL+ W LL FM- K O C w ~ z OU N K '-I H z w Z O K U `,` C> O O w aC7 IWi_ w K= o_ ` ¢o- lm7 O= `° > �_ ru- Q m Z w z d MC7�mNwm��JF- ZI- OKZ�a� >O>i Ga�NO W QmmaQa�wN c K z O W 1O u O 2 W S O M M w Q 0 Z w O a z N M w C N Z F- W O p a 7n V U w w g N} U O w O O F w u a >� m O Z w O_ O_ Q cC J w w Qc wC m a 4 O O W O M K O m V W¢ Z >j V1 Q O Q H 3 Z W W WF U J LL F G a G} N zz EE EE < z C u ~ c w rt cc w I- 0 0 F- z a 0 0 a. D 0= W 0 0 m 0 W w h a c Q O d¢ N F- I- m G LL G LL F- VI UI N U N E 0 0 0 Q N Q U Vl D D LL VI > S W d G N W LL U W C o w lD O LD m O m O m 0 d' O h N '-I M d' m0 vl N O O O p 0 d' V h N h m 0 Ot O rl O h m W H O N M N V v1 O O O O a 0 m O O O h V h h N O N mD h V ut vt O ul O M N h 0 Ot N O m O N h O mn 0 0 0 N vl N h V Vl N h N vt ti E ON N iA 111 O M N O O N O In rl N N m N m N Ln m In O N lD Ol m m h m N N M In Q N N N L} yn. 'm/} V/F 'm/} U} U1 'I/} LT N V? N i/} i/} '1/} V} V} Vl N VT V} V1 VT L} i/} V/T ✓} in V} V} Vi VT L} 1/} L} V} LT T u U U U Q '^ O O O v Q ti a v U m Q m m o m o o rc o o cc a z m ¢ u u o m m o 0 g a W a a a LL a a w a a W W U W a a a a a a a W U U V m m N O N M M M O O O O d m l0 h N N O V� m O rl tll V N Q1 i� M d' 01 to m O N I� � n 7 N N O1 h O l0 m V1 N N .O d" mm V mm mm M mn ON N m0 m0 mm mm mm m0 h h h h h h m mm ON ON ON m m m m m om m m m 01 m1 01 Ol O1 Ol O1 O1 Ol O Ol Ol Ol Ol Ql Ol 01 01 01 01 Ol Ol Ql Ol Ol O O O O1 O1 Ol Ol Ol Ol Ol Ol Ol Ol 01 Ol 01 Ol Ol QI Ql Ql N Ol O1 Om 01 Om Ol Ql Ol Ol Ol 01 01 01 01 01 N N N Ql Ol 01 O1 Om 01 01 01 Ql Ol 01 Z d g,000000000000000000000000 m n. Q¢ a m a m n0. m a a a O a z n Z O n > Z W mn m J u Q Z Z z U NI� Z_ W W K O a Vl J Z Z Nz UN Fw- Dd1Q mQO Oz zOZO O¢FC7 Z O m z > C7 F- o2f W a } Ha p p O M m F- U w z O F- w m Z O OW V O Z O Z z z d O O c V K u F- U F- O U J m U p= Q U O M U z W U W O J l/1 U m C t Z� LL d Z J U CL F- O p m O w p a W Z Z w W d Q O u z cC a 0 u LL z O m 2 0 0 2 0 W 0 m Z M F w ¢ ¢ o z m h u V 0 OU w a O Q Q D w OJ Ow Z w ,�w j vat K a j N j Q ti O a O w z K w p w Z a 0 F- w Z 0 7} J > mn } J r Q H w K U W w> m u z O S Q U' vi O¢ O a 0 J Z z z Z¢ w Z w� Z OU U 0 0 N O N w� O� O Q Q O w= U J p z C a I_ �"' Z z Ou Z D Z W m w 2 W 2 H Z Z li ti O Z> � j IW- z Z O Q Z w a X Q O C QC OC p M O O O O Q r F- O mn g} a p w 0 Y a Q w J m O 0 0 0 0 Q m > a W LL Y G G O LL l7 N M W 2 to Q D LL J= In F a F- N d Q V M N S Z m h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h N N N rl N rl ri H N N N N N N rl N N N N N N N �-1 a-V N rl N rl N 19D -14 -at 0 0 0 0 d N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M m M M M m M M C m m m m m m m m m m m m m m m m m m m m m m m m m m m M m m m m m m m m m N v NV h m O1 0 G m m C dN' dm' a V vNl m N m m Lhl1 m 1�f1 l�D l�0 lN0 lMD l�D N lip N lmp t�0 n r r r N zaa�tvvvvvv a avvaaaa v v<rv�ravaaava v a 19D -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: BIKE MONTH EVENTS {STRATEGIC PLAN NO. 7, 5F} r i ITY'MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER May is Bike Month and organizations throughout Orange County are scheduling events to celebrate bicycling as a fun and healthy transportation option. In October 2016 California Department of Transportation (Caltrans) moved its District 12 headquarters from Irvine to Santa Ana. For Bike Month, Caltrans will be organizing a 'Bike to Work Day" event on Tuesday, May 16, 2017, beginning at District 12 offices (1750 E 4t" St.) at 7:30 a.m. that will include a short Metrolink ride before highlighting some of the recent projects completed in Santa Ana. Metrolink will offer free rides throughout the network for all train riders who bring their bike onboard during Bike to Work Week (May 15 — May 19). OCTA Bike Festival is scheduled for April 30, 2017 in Dana Point as part of the Dana Point Grand Prix and will include a BMX bike show, demos, bike vendors, free bike tune -ups, and giveaways throughout the day. Additionally, OCTA will host a Bike Rally from the Orange Metrolink Station to the OCTA offices on May 16t" Bicycle organizations throughout Orange County will be participating in the Ride of Silence, an international event aimed to honor and raise awareness for those cyclists that have been injured or killed. The ride is a silent procession held in cities throughout the world on Wednesday, May 17, 2017, at 7:00 p.m. 19E -1 Bike Month Events May 2, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization), Strategy F (explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. red Mousavipour Executive Director Public Works Agency cw 19E -2 EXHIBIT 1 CALTRAN DISTRICT 1 7t34am NiPer it fat c ,n l)r;tnct 17 tfv�e ""Tk St60am kirle, io 1OstrnS ?3tinrr qra, h 9 =sm B iai.l V4oirnlud.,al lushn °. aUCrn s �. CeUtrcans Ri kes r v heel) saarA WOW 92 Awn 9 :05am Da embatk at Swila An ii P, ginnrti Tmnspoi l atirv, CpOer �f4os a 9;10am 1,111 i, ito [ Jum lWmITanta Ana,ar( Is, acbvc a� e tY.wsnoitatsn rgjruveniee[ #a bO.C?iiam Atran I,ar:k at +_altrans Distffct t'L fihi ;e r 500C RS wle, 5 re3ro es vedi Ala,ylsOike.Month #€3ikeTAorkDny @Ultraata512 Cattrans District 72 raAbVA9' 1750 £ arh St, Santa Ana, CA 92745 19E -3 TudIn stadon Ouestions? Contact Marlon lle.yisford nra[rpn.re9lafmd [ nlo7 na;gay. -(5[7) 328-6282 19E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR APRIL 2017 (STRATEGIC PLAN NNO. , 1) Cl_T- Y- MANAGER RECOMMENDED ACTION Receive and file. CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER The April 2017 Capital Improvement Program Executive Summary Schedule (Exhibit 1) 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 project. 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. red Mousavipo r- Executive Director Public Works Agency FM:lo Exhibit: 1. Capital Improvement Program — Executive Summary Schedule 19F -1 19F -2 a - .�+ g e a a a g n x 3 o ua v� W 111MAH111111H 1111 o O vi I d� zaLu 0 Y W O �j 7 r4, E e' w m144�ia o. _ tic- 9 1■ F' ° 088,88$$$88888888858888S8SS 888$8888SSS8 RCc C S�',g$G�888 �8 �,pgp yy�yyp�p��QpQp��eeo88pp M�$8pp��w8�8�pp FCC ON MNiON QN.M •➢O1NWQ•�MNMN�MNw NM N Z r � N N NN N N N N NN Q W T h O ; a 5 5 5 a S >?$ a 9 N Y - v �s 1 t o y E E L o d i w c Y sn Ca" N rS f t C Q o E O.O C m E a LL t.G 'n y m e 9 E'^'c °nom E d m. vEz Ya E.o „LL�'.'^i y s' up $. tYla m$: Via. m"'�9n �uiy�F n�uan N.amE���..���o d0 $ c M L E 5 E � c 3 E T N L c 3 acw'.° --•.9 �' a= mr c caN� o°i mew cg nsa'\o r n� n.rn cs z.E N'^go3V�ca y N ouniyoa �Cxc °o zm' a =.a EYEgo Q� O x S S � 2 C NL C r q t •v SO S^.� C C 4'q O N l� 2 C C C V •-n u i _ 34 as 86 g i=�'. w'r —uuL4 'um��o`r3uuai Q oa W py n w N N N O N N C 0 b d N W N V w m w W m bE aaa\ @ac 7ccccccI T I ONN ann�o�w�w$mG a W.W N W W W W FO FO n n P P n •y 1u p T 1b , b. w oo 6 nL Nh A N a x 3 W J 0 W x V N } C Q N W N � N W J W w .a LL a0 s x 0 H oz a o F � Z CW G O i. a J Q Ew a a v na it g Y Yg P E E5 S a a a 3 N S "pe em,.sedes.. ...:asi �.. neeseease N a n I t i E E a y ffi 3 c N E 2 E E e3 `u3?',Ef w c o.Ni p,�„ mo'OGa -E C- €�a£e. v°° way E. `i y y° u E 3.r H> i c E° E °o ? s c E \ E 0. y« o y cv io.. a E t s v $ u` u rc E E E= m` a n ry N �' E c 3 z.9 « N« °c o E m« o f d? o t� ° '�^ o a Y" E E -9 Z V i C d T? V�) W mm mum u 3N 3.i>i�n °u �3m'z °a uQi 3.^�. m`u—SR € €3i uN S °NN 19F -4 Zc n E E F E S ° N N N o a � h f E � E ° n 0 < c W Q eDaQ aA a y a O 0 6 6 m �p C C s 9 i V Z W cea Y O V m 7 IL Q Q a N W O r n .y N .Ny G a a O x Z O t e SF a F y. ° °ate 0 a< aF a F S° tlQ cF -5 n� 6 S E § �a t° c °c 1...1 I I.III l I I I 1 1 Ill 11. 11 Ill __1 I L_1$ „ 0 8SS88888888888888888 8$ tL- 8181$1$ $I8181g1 lgs�$8�2g8,,d �ge ga�gg �ppg IS M N� N ae w .1 n� aaaaa =aaaaa aaa v v u v aria ��a eneneeeeen� nee ee.eeennene..e�,4ee d {{i°r u.°, E E E r .°! oa4 Y'.rcM qV. ZW mho O N O} Z N y L C C O b 9 s O E�sgds�gr�Eo 33�em ar—= Zgc_�9Nx E E0— O 6 VO d 6 Cm ?C' 0\ E 5 o ; Z 6 V d« r$ N N V N 6 c Z w u .. o« q m- m.S `ESffi ga cnyQAmi .. _— n A 5 un E" v��"rya yA° o. '�1OC,i z° V 3rd dr N m¢ F s f m x 4 i 3 3 a � 3 r8 ° Li �¢ 3 ec z° n � c c z rc g� u m u z a o 3 -5 n� 6 S E § �a t° c °c 19F- ...�...� § ��.\ & � � I ! / t■ ` 2& ■,m z , , ����! * ■ #a @, /a■ °��kkkk _ \ k §ate { #(■ /)\� IL .! It § § gi & » 1& im k } { - .k , ® ■! "s�.��s � k §! =!!{|2 OP a!o 19F- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: ACKNOWLEDGE AWARD BY AMERICAN SOCIETY OF CIVIL ENGINEERS FOR BRISTOL STREET IMPROVEMENT PHASE 2 - PROJECT NO. 08 -1700 {STRATEGIC PLAN NO. 6, 1G} i �dlI Y MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Bristol Street is a major north -south transportation corridor which is being designed and constructed in several phases. The primary design elements in each phase have remained consistent, including widening the street from two to three lanes in each direction, adding landscape medians, and overall improved aesthetics. However, each successive project phase has improved on the final product by continued consideration of public input and incorporating the latest mobility and safety features benefitting pedestrians and bicyclists. Staff has also integrated the latest environmentally sensitive materials and design standards. This project was planned and designed to incorporate complete street concepts with storm drain quality features and implementation of Green Street technologies. Other design features included bus turnouts, raised medians, bike lanes, and sound walls. The project also brings native and organic landscaping that beautifies a fully developed urban area. This project was completed in 2015. The City was awarded with a Bronze Certification from GreenRoads, which is a third party rating system that rewards roadway projects that exceed public expectations for environmental, economic, and social performance. This certification may be considered as the roadways' counterpart of a Leeds certification on buildings. On January 19, 2017, the City received a letter from the American Society of Civil Engineers Region 9 announcing the award for Bristol Street Improvements Phase 2 on being selected for Outstanding Roadway and Highway Project (Exhibit 1). The award was presented on March 31, 2017 in Los Angeles during the annual ASCE awards for the western United States. This is a national level recognition. 19G -1 American Society of Civil Engineers Award for Bristol Street Improvements May 2, 2017 Page 2 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Fred Mousavipour Executive Director Public Works Agency FM /EWG /JG /ML Exhibit: 1. Award letter and plaque 19G -2 Exhibit 1 ASCE AMERICAN SOCIETY OFF CIVII, ENGINEERS REGION 9 Region 9 Board of Governors I January 19, 2017 2016-2017 Mr. Jason Gabriel Ana t f Santa Jay lr Higgins, P.E., F.ASCE City o m Chair /Director Ross Annex, 3 Floor, 20 Civic Center Plaza Consulting Civil Engineer Santa Ana, CA 92701 Igabriel @santa- ana.org 818. 406.4896 IBVhIggJns896@_gmail.com Dear Mr. Jason Gabriel: Kwame Agyare, P.E., M.ASCE On behalf of the American Society of Civil Engineers, Region 9, 1 am very pleased to congratulate the Governor, At -Large Bristol Street improvements Phase ll project on being selected for the award of Outstanding Vice Chair Roadway and Highway Project. Projects eligible for the Region 9 Awards were projects that 602.481 -8663 received an award from one of the four ASCE Sections within Region 9 In 2016. We selected one agvare.kwame @gmail.com Project of the Year Award and 20 specific project awards from a pool of 74 eligible projects. John C. Hogan, P.E., M.ASCE The 2016 Region 9 Awards will be presented during the Awards Dinner on March 31, 2017 In Los Governor, Los Angeles Section Angeles at the Samuel Oschin Pavilion, California Science Center, 700 Exposition Park Drive, Los Treasurer Angeles, California 90037. The guest list includes representatives from the National Society and David Evans and Associates, Inc. members from throughout the State. Earlier in the day, ASCE Region 9 and the Los Angeles Section 714.665.4507 will hold Its annual California Infrastructure Symposium (CAIS17). Ihogan@hfinc.corn Jim Frost, P.E., M.ASCE The web site and online registration system for both events will be available soon. You will receive an Governor, San Diego Section e-mail notification as soon as registration is open in mid - January. The announcement will include an Internal Secretary RSVP Registration Form where you will indicate if you (or a designated representative) will accept the Kleinfelder award at the Awards Dinner, Sponsorship Opportunities, at varying levels, are also available to help 619 -831 -4600 show your support of the ASCE Region 9 Awards Program. We also recognize that successful term na.sandiegohooe.com projects are often the result of the efforts of multiple firms and individuals; therefore, anyone involved with your project is welcome to attend the Awards Dinner. You may purchase advance reservations Thor Larsen, P.E., M.ASCE for as many additional guests as you would like, and we encourage you to forward the attached Governor, Sacramento Section CAIS17 and Awards Dinner Save - the -Date to other project members. Reserved tables often (10) External Secretary have also been arranged so that the entire project team can celebrate the accomplishment. Colusa Indian Community Council 916- 817 -4846 ASCE Region 9 Project Awards are presented to the Project Owner and Engineer of Record with one thor.larseri@th rinc.com (1) plaque presented to the project team at the Awards Dinner. In preparation of the Awards Plaques Matt Kennedy, P.E., T.E., M.ASCE and printed Awards Dinner Program, we would appreciate your assistance with the confirmation of Governor, San Francisco Section information in the attached Draft Award Plaque Mock -up and Draft Awards Program Write -up, These GHD Inc. drafts were prepared from information taken from the Nomination forms, so your careful review and 707- 540 -9687 edits will be greatly appreciated. Please return the Drafts with Information confirmation by initial if matt.kenned- @ghd.com there are no changes, or feel free to comment or make changes and return by January 31, 2017 to matt.kenne lytt7q and.com, Should you have questions, please contact Matt Kennedy, Region 9 Kenneth H. Rosenfield, P.E., F.ASCE Awards Committee Chair, by e-mail when returning your form, or by telephone 707 - 540 -9687 (office); Governor, At -Large 707- 540 -3376 (cell). City of Laguna Hills 949 -707 -2655 1 look forward to seeing you in March. If you have any questions, feel free to contact me by e -mail or krosenfield @ci.lagund- hills.ca.us by telephone. Congratulations again, and thank you for all you do to further the Civil Engineering profession! Regards,, Richard ve Advocate A7 ;RIGA 1 -OF ZCIE'N�'GINEE7R/,EGION 9 Legislative Advocate 916 - 538 -2360 L /y.q richard@Dacificadvocacv roe gp corn nnedy, P.E. .E., E Anne Ettley Region 9 Governor, Awards m air Administrator_ -^ 409 N. Pacific Coast Highway Attachments: 2016 ASCE Region 9 Awards Summary Suite 565 Information Confirmation Drafts: Award Plaque Mock -up, Awards Program Write -up Redondo Beach, CA 90277 CAIS17 & Awards Dinner Save - the -Date 310 -467 -1747 aettlev @gmail.com cc: Kathereen Shinkai, President, Los Angeles Section 19G -3 Location: Santa Ana, California Owner: City of Santa Ana Engineer: City of Santa Ana Los Angeles Section The Bristol Sheet Improvements project was planned and designed to incorporate complete street concepts wi,th . storm drain quality features and implementation of Green Street technologies. The City was awarded with a Bronze Certification from GreenRoads, which is a third party rating system that rewards roadway projects that exceed public expectations for environmental, economic, and social performance. The improvements included widening of the street from 4 lanes to six lanes, with bus turnouts, raised median, bike lanes, and sound walls. The project also brings native and organic landscaping that beautifies a fully developed urban area, 19G -4 ASCE AMERICAN SOCIETY OF CIVIL ENGINEERS Region 9 e. .e lills-RFMIRIUMA "0 Emprovements Phase rd Street to Civic Center Drive 19G -5 19G -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION 2017 RESOURCE EFFICIENCY & COMMUNITY SERVICE AWARD {STRATEGIC PLAN NO. 5, 2} CITY VITNAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file a California Municipal Utilities Association 2017 Resource Efficiency and Community Service Award. DISCUSSION During the recent drought and mandated water conservation, the City of Santa Ana launched a public awareness campaign called: "Every Drop Counts: Let's Not Waste It ". The campaign aimed to improve account -level water use efficiency by coaching users on best practices. Through various public outreach efforts, the City effectively conveyed the importance of conservation. Water customers responded, meeting and exceeding the City's 12% conservation target. Each year, California Municipal Utilities Association (CMUA) recognizes the best public utilities in California at its annual conference. Utilities submit applications for this honor in accordance with CMUA guidelines (Exhibit 1). In recognition of the City's campaign and its outstanding results, the City and, by extension, its water customers have received a 2017 Resource Efficiency & Community Service Award from CMUA in the Water Programs category. A memo to the City Council from the Water Resources Manager, Nabil Saba (Exhibit 2) and a press release from CMUA (Exhibit 3), both describing the campaign and its results in greater detail, are attached. With humility and gratitude, staff recommends Council receive and file this award, expressing the City's sincere appreciation to CMUA for this recognition and to the community for their overwhelming response. 19H -1 California Municipal Utilities Association 2017 Resource Efficiency & Community Service Award May 2, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Fred Mousavipour Executive Director Public Works Agency FM:NS Exhibits: 1. CMUA Invitation Letter & Call for Nominations, dated January 23, 2017 2. Memo to Council, dated April 14, 2014 3. CMUA Press Release, dated March 30, 2017 19H -2 1- California Municipal Utilities Association 915 L Street, Suite 1460 • Sacramento CA 95814 •916/326- 5800.916/326 -5810 fax • www.cmua.org January 23, 2017 TO: CMUA Heads of Utilities Your utility or agency is invited to submit an application for CMUA's 2017 Resource Efficiency & Community Service Awards. Now in its 24th year, this program has produced over 400 outstanding entries from across the state. Award winners will be honored at CMUA's 85th Annual Conference, March 28 -30, 2017 in Carlsbad, California and will be prominently featured during the conference. The competition is open to all CMUA members. Submission deadline is February 17, 2017. Please see the attached "Call for Nominations" form for category and criteria requirements. For additional information please contact Christine Chapman at 916/326 -5800 or by email at contact@cmua.org. Application Deadline: February 17, 2017 Presentation of Awards: CMUA's 85th Annual Conference Carlsbad, California s March 28 -30, 2017 an a M44, RCI 4'i40too California Municipal Utilities Association 915 L Street, Suite 1460 • Sacramento CA 95814.916/326 -5800 •916/326 -5810 fax • www.cmua.org Call for Nominations CRITERIA 1. A utility or agency may submit no more than three applications in total and than one application per category. 2. A program can only be submitted in one category. 3. Programs for which applications are submitted must have been in effect and operating for at least six months. If the program is no longer operating, the last month of operation must be no longer than three years ago. 4. Each application form must be fully completed. Failure to do so will result in disqualification. 5. Your submission will be judged solely on information provided in your application. no more CLASSIFICATIONS AND CATEGORIES A total of nine awards, three in each of the following classifications: Larger Utility /Agency, Medium Utility /Agency and Smaller Utility /Agency (see attached listing) are given in the following categories: • Energy Programs: Innovative and effective approaches in implementing renewable energy resources, energy efficiency, demand reduction, research and development, low income assistance, or greenhouse gas reduction strategies. • Water Programs: Innovative and effective programs that implement practices designed to save or efficiently use water resources, or greenhouse gas reduction strategies. • Community Service Programs: Innovative and effective approaches to serving local community needs that do not fall in the above categories. JUDGING Judging panel is comprised of energy and water industry leaders including past award winners. Judges to score on the following: 1. O rig inality /Creativity /I nnovativeness; 2. Promotion of efficient use of natural resources and /or serving local community needs; 3. Broad applicability of benefits to other utilities (energy or water); 4. Benefits to consumers, ratepayers and /or community. SUBMISSION Submission of the completed application is by email only. Send email to: contact @cmua.orq ,M1:11�11 r' California Municipal Utilities Association 915 L Street, Suite 1460 • Sacramento CA 95814 • 916/326 - 5800.916/326 -5510 fax • www.cmua.org 2017 Resource Efficiency & Community Resource Awards Due date: February 22, 2017 Application Award Categories 1. Energy Programs: Innovative and effective approaches in implementing renewable energy resources, energy efficiency, demand reduction, research and development, low income assistance, or greenhouse gas reduction strategies. 2. Water Programs: Innovative and effective programs that implement practices designed to save or efficiently use water resources, or greenhouse gas reduction strategies. 3. Community Service Programs: Innovative and effective approaches to serving local community needs that do not fall in the above categories. Name of Utility City of Santa Ana, Water Resources Division Address 220 S Daisy Avenue, Santa Ana, CA, 92703 Contact Person Nabil Saba Phone 714 647 -3378 Fax Email Address NSaba c( santa-ana.org Program Title Every Drop Counts: Let's Not Waste It Award Category Water Program (Small Water Utility /Agency) clt;� Z-.i Overview Description of Program Recognizing the importance of indoor and outdoor conservation in managing the ongoing drought and in establishing water efficiency for a sustainable future, the City of Santa Ana, Water Resources Division launched an integrated water conservation campaign entitled "Every Drop Counts: Let's Not Waste It." The goal of the campaign was threefold: (1) to educate Santa Ana residents and businesses about the drought and the importance of water conservation, (2) to inform residents and business about the new water use restrictions mandated by the City to meet its 12% water reduction target, and (3) to urge residents and businesses to do their part to conserve water. The objective was to communicate to Santa Ana residents that saving water is easy and that their participation can make a difference. The message to our audience stressed how simple it is to adopt effective water- saving habits, and that saving every day can easily become way of life. The Water Resources Division used every possible channel for its outreach, ranging from outdoor advertising, street pole banners lining main thoroughfares, and pull -up banners for public areas and events to printed flyers, bill inserts and newsletters to a robust social media campaign. The Water Resources Division even wrapped its community outreach vehicle with "Every Drop Counts" campaign branding and designed special campaign t- shirts and yard signs to pass out to residents at the 100+ community events it attended last year. "Every Drop Counts: Let's Not Waste It" made a significant difference in awareness and residents took the conservation message to heart. The Santa Ana community reduced its water consumption, exceeded its target, and cut water use by 17 %. The City of Santa Ana rated below the state average in residential gallons per capita. And, with the exception of City of Fountain Valley, Santa Ana came in lower than all other water districts nearby. 197 " d V 2017 Resource Efficiency & Community Service Awards - Application Page 2 Why was this activity undertaken? Deepening drought conditions in California called for Governor Brown to issue an Executive Order on April 1, 2015. The order was the first -ever statewide mandate that required water utilities and agencies to slash water use by 25% (compared to 2013 levels) and increase enforcement to prevent wasteful water use. As a result, the State Water Resources Control Board (SWRCB) adopted an expanded emergency regulation and imposed a new round of water conservation rules, including sharp restrictions on landscape watering as well as orders to restaurants not to serve water to customers unless asked. These regulations were also designed to safeguard the state's remaining water supplies. While the City of Santa Ana had already reduced its water consumption by 13% since 2013, the City adopted a Stage II Water Supply Shortage declaration and mandatory water use restrictions to: 1, comply with these regulations, 2. meet its 12% target reduction, and 3. help extend existing supplies into the future. Effectively communicating the need for water conservation and a permanent lifestyle change in water efficiency was a significant task, given that the Santa Ana is a major metropolitan area with nearly 350,000 residents, of which 78% are Hispanic. A comprehensive outreach initiative to quickly educate consumers and businesses about these new mandatory restrictions and ways they can save water was imperative. How was the activity implemented? The abundance of available research on water conservation issues and insights from past projects was used to determine the campaign's messaging and audience. Furthermore, the limited budget called for a more creative approach, such as leveraging community partnerships and resources, as well as more efficient spending in order to make the largest possible impact on Santa Ana's diverse population. Specific strategies were then established to reach three primary targets: Santa Ana water residential customers, businesses, and school age children and their families. Key to the success of the campaign was a campaign steering committee comprised of representatives from various city departments and agencies including the Arts & Cultural Commission, Public Works, Water Resources, Parks & Recreation, Community Development Agency, and the City Manager's Office. This committee was established to: • build collaboration and support for the campaign, • leverage internal resources, and • increase communication. A Water Forum was first held at the Santa Ana City Council Chambers with Councilman Sarmiento, Water Resources Manager Nabil Saba and a representative from the Orange County Water District, where residents were informed about the drought, new mandatory water use restrictions, and ways they can conserve water. 4 14 T? 2017 Resource Efficiency & Community Service Awards - Application Page 3 Following the Forum, the City of Santa Ana, Water Resources Division then launched its campaign using multiple channels for its outreach, including traditional and social media marketing, outdoor advertising, PSAs, media relations and events. Each blog post, water saving tip, how -to article and announcement was consistently pushed out over multiple channels including local press, Twitter, Facebook, the City website, electronic and print newsletter as well as other collateral material. Bill Inserts A series of monthly bill inserts highlighting a new water conservation tip and rebate. Print and Electronic Newsletter Articles Editorial content focusing on the drought and conservation in "The Water Tower," the Water Resources Division's newsletter publication, the City's "Santa Ana Green" newsletter, and the City's email alerts (Nixie), which has approximately 3,000 subscribers. Electronic posts were designed to engage people with the City via social media. Social Media A social media strategy was developed to support the drought/conservation campaign. The strategy included: • Establishing a unique tag #EveryDropCounts to be used in all social media posts to create visibility for the City's outreach efforts. • Repurposing articles and tips for the City's Facebook page. • Launching an interactive contest about water conservation to create awareness and build up followers. • Developing a series of ads for Facebook to promote water saving tips and contests. Pole Mounted Banners Easy water - saving tips were highlighted on vinyl street pole banners and displayed along several major thoroughfares in Santa Ana. Messaging for the campaign was designed across a set of 2 -3 street pole banners to ensure the campaign was optimally visible for street traffic. Pull -Up Banners Various campaign pull -up banners were created and produced for use at community events and city presentations. Building Signage Oversized banners with the campaign theme were created for select public buildings, reservoir, and well sites near public parks in Santa Ana. Outdoor Advertising City of Santa Ana, Water Resources Division leveraged its existing contract to display free public service announcements to display outdoor ads that incorporated campaign visuals and messaging in bus shelters throughout Santa Ana. City of Santa Ana, Water Resources Division also adapted the ad for LED billboards at Santa Ana College and the Santa Ana Stadium, as well as message boards at Santa Ana Unified School District (SAUSD) schools. r M0.0 2017 Resource Efficiency & Community Service Awards - Application Page 4 Yard Sign Campaign Mirroring the success of yard signs during political campaigns, yard signs were created to increase visibility for the drought /conservation message and to encourage neighborly competition among homeowners to reduce their water use. These signs were distributed through the Water Resources Division's booth during community events and neighborhood council meetings. Community Events City of Santa Ana, Water Resources Division participated in more than 100 events to educate the community about water conservation. Various flyers promoting water - saving tips, the Youth Poster Contest, and information about the drought were handed out, as well as other water saving give- aways. Outreach to School -Age Children Recognizing the importance of educating school -age children about conservation, the City of Santa Ana, Water Resources Division launched a Youth Poster Contest using the campaign theme to teach wise water use. In conjunction with several community partners, the contest was promoted through Santa Ana Unified School District, recreation centers and several special events at Bowers Museum, The Discovery Cube OC and MainPlace. Business Outreach: To support Santa Ana businesses, Water Resources Division created a program for hotels and restaurants and provided tent cards free of charge. The tent cards were designed to educate patrons and guests about the drought, why drinking water is only available upon request, and ways guests can help hotels conserve water by reducing their laundry. A sample card along with a letter /order form was mailed to managers of approximately 900 restaurants and 100+ hotels in Santa Ana. Media Relations: Media relations was an important component of the overall campaign in educating Santa Ana residents about the drought and their responsibility in conserving water. In particular, the City's role in reducing its water use as well as its outreach to Santa Ana residents was communicated, reinforcing the City as a "partner" working together with the community. Press releases were distributed to the press to announce the launch of the campaign, upcoming events, new programs and contests. INJ_�_Q%J 2017 Resource Efficiency & Community Service Awards - Application Page 5 Describe the originality /creativity /innovativeness of this activity. The Water Resources Division used creativity and innovation in its approach, messaging and visual communications. The Water Resources Division focused on reaching out to the Santa Ana community and appealing to its culturally diverse background. It tailored the campaign with this diversity in mind, where materials were created in multiple languages to ensure the campaign was reaching the entire community, English and non - English speaking residents alike. Representatives from the Water Resources Division, many who are bi- lingual, brought the campaign to the community by visiting neighborhood association meetings, weekly Farmer's Markets, the annual Cinco de Mayo celebration and many other community events. The inclusion of community partners such as the Santa Ana Library, Parks & Recreation, Public Works, Building and Planning Department, and community centers to leverage resources enabled the City to maximize its budget, extend its reach, and increase its effectiveness. The development of strategies such as the Youth Poster Contest that educated, engaged, and incentivized children and their parents was particularly effective in increasing engagement. The contest was an overwhelming success. More than 400 entries from 24 schools in Santa Ana were submitted. The campaign used consistently across multiple platforms the same visual components so residents could quickly identify and understand the campaign message. Below is a sampling of the campaign branding and components: ..: dr&� LET'S NOT WASTE IT FC ounts POLE BAN INIERS WWII 2017 Resource Efficiency & Community Service Awards - Application Page 6 TABLE-TOP EA ES PULL-up C BANNERS YARD SIGNS "Will Lose the Lawn! Converting your water - guzzling lawn to a drought friendly garden — makes perfect sense! 2017 Resource Efficiency & Community Service Awards - Application Page 8 HOTEL TOWEL T ENT LINEN CARDS +, Helga Save our ulster .. For Every 9J.,r f vaster r oat ze ned, three glasses y of LVai.er ate saeerl dk w.= UP ,I � G "u6 t rth Ir t ',ery ar it »IC Iwt sup A', Ly usbip ,,,001 more thsn one*. _ WhenweriiokeydurJmdtm <wet Loav6q this c��td 01) your change the Sheets whe� you make my bed' char+9 `ynurshrtCrS rhnt nup,mR Thank you for helping us do our part to conserve wW W:SANTA- ANAARG RE TAU RANT TENTS 2017 Resource Efficiency & Community Service Awards - Application Page 9 Describe how this activity promotes the efficient use of natural resources and /or serves local community needs. During drought conditions, water conservation is key to meeting customers' demand for water. This campaign, which resulted in reduced water use, enabled the Water Resources Division to meet customer demand — avoiding any kind of rationing —and supply sufficient water for the entire community. Furthermore, anytime a consumer opens the faucet, it's more than water that's flowing. According to the California Energy Commission, up to 28% of residential electricity goes to water - related uses. Wise water use such as washing full loads of laundry and dishes, and taking shorter showers, helps residents save energy. It also helps reduce the City's demand on the power grid since it is pumping and moving less water. Water conservation helps preserve our natural resources and reduces our carbon footprint. Describe and quantify, if possible, the actual or anticipated benefits as a result of the activity to customers, ratepayers, and /or the community. Water conservation and efficiency is central to Santa Ana's long -term sustainability as a municipal water provider. The "Every Drop Counts: Let's Not Waste It" campaign was highly successful in rallying the community to do its part and save water. Santa Ana water customers reduced their usage by 17 %, exceeding the City's state - mandated target by 5 %. This is the most important metric we used in evaluating the effectiveness of our campaign. Furthermore, residents learned ways to easily save water by modifying their everyday habits. These newly acquired habits helped water customers avoid penalties and, in fact, saved them an average of 15% on their water bills in 2016. Since the statewide mandate and new water use restrictions were established, no violation warnings have been sent by the City, which is a clear indication that customers heard the campaign message and remained in compliance. Awareness and a focus on smart water use reinforces the importance of environmental stewardship and will ensure we are all working towards building a more sustainable future for California. Describe how the benefits of this activity might be applicable to other utilities /agencies. Santa Ana's "Every Drop Counts: Let's Not Waste It" campaign has proven that a fully integrated communications program can create quantifiable results in achieving reduced water use throughout one's customer base. Other utilities and agencies can learn from and build upon Santa Ana's experience in educating and incentivizing customers to save water. W_AH T _i April 14, 2017 TO: City Council FROM: Nabil Saba, Water Resources Manager RE: Santa Ana Water Conservation Campaign Wins Statewide Recognition The City of Santa Ana Water Resources Division was recently presented with the California Municipal Utilities Association (CMUA) Resource Efficiency Award for our water conservation campaign called "Every Drop Counts: Let's Not Waste It." The California Municipal Utilities Association represents the common interests of a diverse coalition of California's publicly owned utilities before statewide jurisdictional bodies and provides a forum to develop and discuss statewide policy issues affecting its members. During its annual conference each year, CMUA recognizes the best public utilities in California, and Santa Ana's campaign was selected among all other utilities in our size category as the most innovative and effective program designed to save water resources. The panel of judges, comprised of energy and water industry leaders, scored Santa Ana's program on: 1. Original ity /Creativity /I nnovativeness; 2. Promotion of efficient use of natural resources and /or serving local community needs; 3. Broad applicability of benefits to other utilities (energy or water); and 4. Benefits to consumers, ratepayers and /or community. As you may know, "Every Drop Counts: Let's Not Waste It" was launched in response to the City's adoption of mandatory water use restrictions in order to comply with the state's new regulations and meet our 12% target reduction. Effectively communicating the need for water conservation and a permanent lifestyle change in water efficiency was a significant task, given our nearly 350,000 residents, of which 78% are Hispanic. A comprehensive outreach initiative to quickly educate consumers and businesses about these new mandatory restrictions and ways they can save water was imperative. 20 Civic Center Plaza, M -21 • Santa Ana, CA 92702 www.santa-ana.org "W15 Page 2 of 2 The objective of our campaign was to communicate to Santa Ana residents that saving water is easy and that their participation can make a difference. The message stressed how simple it is to adopt effective water - saving habits, and that saving every day can easily become way of life. With the assistance of Straightline Communication, we took a strategic and integrated approach to achieve our objectives. Our limited budget called for more creative tactics, such as leveraging community partnerships and resources, as well as more efficient spending in order to make the largest possible impact. Specific strategies were then established to reach three primary targets: Santa Ana water residential customers, businesses, and school age children and their families. The "Every Drop Counts: Let's Not Waste It" campaign was highly successful in rallying the community to do its part and save water. Santa Ana water customers reduced their usage by 17 %, exceeding our state - mandated target by 5 %. This is the most important metric we used in evaluating the effectiveness of our campaign. Residents learned ways to easily save water by modifying their everyday habits. These newly acquired habits helped water customers avoid penalties and, in fact, saved them an average of 15% on their water bills in 2016. Since the statewide mandate and new water use restrictions were established, no violation warnings have been sent by the City, which is a clear indication that customers heard the campaign message and remained in compliance. Santa Ana rated below the state average in residential gallons per capita and, with the exception of City of Fountain Valley, we came in lower than all other water districts nearby. We are proud to share this achievement with all of you, acknowledging that these types of programs would not be possible without the support of the City Council. 20 Civic Center Plaza, M -21 • Santa Ana, CA 92702 www.santa - ana.org 1 SH EPt6 915 L STREET, SUITE 1460 • SACRAMENTO, CALIFORNIA 95814 (916) 326 -5800 a (916) 326 -5810 FAX. www.cmua.org Press Release City of Santa Ana Honored for Conservation Efforts March 30, 2017 The City of Santa Ana has been awarded the 2017 Resource Efficiency & Community Service Award by the California Municipal Utilities Association. The City won the Best Water Program for a Small Utility for its successful community program "Every Drop Counts: Let's Not Waste It." Recognizing the importance of indoor and outdoor conservation in managing the ongoing drought and in establishing water efficiency for a sustainable future, the City of Santa Ana, Water Resources Division launched an integrated water conservation campaign. In addition to helping the City meet its 12% water reduction target, the campaign educated Santa Ana residents and businesses about the drought and the importance of water conservation along with urging customers to take action to conserve water. The message stressed how simple it is to adopt effective water - saving habits, and that saving every day can easily become a way of life. The Water Resources Division used every possible channel for its outreach, ranging from outdoor advertising, street light pole banners lining main thoroughfares, pull -up banners for public areas and events, printed flyers, bill inserts and newsletters, and a robust social media campaign. Materials were created in multiple languages to ensure the campaign reached the entire community, both English and non - English speaking residents. Featured activities included an educational Water Forum, a Youth Poster Contest and participation in hundreds of community events. "Every Drop Counts: Let's Not Waste It" made a significant difference in awareness about conservation, the Santa Ana community. It also resulted in reduced community water consumption by 17 %, exceeding its target and coming in below the state average in residential per- capita water use. The California Municipal Utilities Association is the statewide trade association of municipal water and power utilities. CMUA members are not - for - profit utilities representing 70% of water delivered and 25% of electric delivered in California. EXHIBIT 1 Anon -prof( statewide assoc 1 t 9H 61ic1 a netl electric utilities and water agencies. 19H -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JANUARY 2017 — MARCH 2017 {STRATEGIC PLAN NO. 5,3) ACING CIT Y-MA NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :-•;• o ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2i0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the quarterly report for Housing Division Projects and Activities for the period of January 2017 — March 2017. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on April 26, 2017, by a vote of 5:0 (A. Cano absent), the Community Redevelopment and Housing Commission approved the recommended action. DISCUSSION This report for the quarter ending on March 31, 2017 provides statistics for all of the affordable housing projects and activities for our Housing Division. The report is divided into three sections: Loan Activity, Loan Portfolio Management and Monitoring, Affordable Housing Funds and Commitments, and Development Projects. Loan Activity Applications The Housing Division offers several different programs including down payment assistance for first -time homebuyers and rehabilitation loans for mobile homes, single - family, multi - family, and historic homes. Inquiries are received from the public and applications are mailed out, received and approved for these programs on a continual basis. During this quarter staff attended the Wilshire Square Homeowners' Association Meeting to promote the City's Rehabilitation Loan Program. Two Loan Subordination requests were processed during this quarter. Table 1 shows the number of inquiries, applications sent out, received and approved by type for the quarter and the total fiscal year. 191 -1 Quarterly Report for Housing Division May 2, 2017 Page 2 Table 1: Applications Sent Out, Received & Approved Program Inquiries Applications Sent Out Applications Received Applications Approved Q3 Total FY Q3 Total FY Q3 Total FY Q3 Total FY Single-Family Rehabilitation 12 42 15 50 1 3 0 0 Mobile Home Rehabilitation 10 36 12 39 2 5 0 2 Multi-Family Rehabilitation 1 7 0 1 0 0 0 0 Historic Home Restoration 1 1 0 2 0 0 0 0 Homeownership 72 97 27 92 0 8 0 0 Rehabilitation Loan Underwriting and Approval Progress For our rehabilitation loans, 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 for 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 loan execution, and reserves the required loan funds. During this quarter, one mobile home rehabilitation loan was approved. Rehabilitation Program Construction Progress During this phase, homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work on 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 the 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 was one homeowner rehabilitation project out to bid and five under construction. Downpayment Assistance Program Progress For our downpayment assistance program, 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 a current maximum sales price of $499,000 for a single family home or condo or $499,000 for a newly constructed condo or home. The updated maximum sales price became effective on March 1, 2017. Additionally, the property needs to be in good condition and pass an inspection. 191 -2 Quarterly Report for Housing Division May 2, 2017 Page 3 During this quarter, staff conducted three down payment assistance workshops. A total of 250 people attended the workshops. On an annual basis, $200,000 in Community Development Block Grant funds are made available for down payment assistance. Loan Portfolio Management & Monitoring The Housing Division is responsible for managing the residential loan portfolio. As of the end of this quarter, the principal balance was $114,144,048. This is comprised of 425 loans of which 401 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $140,335 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, 45 owner- occupancy recertification letters were mailed and 37 were returned and processed. Staff also audited files for 21 projects, and conducted code compliance inspections for 136 units in 8 projects. Regulations require that only a sample of units 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 grounds, common areas and almost all of the inspected units were found to be in compliance at the time of initial inspection. Three smoke alarms and one carbon monoxide detector were inoperative. Additionally, two toilets were loose and two burners would not ignite properly. All of the deficiencies were immediately repaired and passed a re- inspection. Affordable Funds for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority acting as the Housing Successor Agency manages multiple sources of local, state and federal funds to promote and facilitate the development of affordable housing. As of March 31, 2017, a total of $18,661,468 is available for affordable housing development. Exhibit 3 provides a summary of the funds available as of the end of this quarter. 191 -3 Funding Sources HOME CDBG Tax Increment NSP Loan Payoffs $0 $86,924 $0 $11,548 Residual Receipts Payments $0 $0 $0 $0 Amortized Loan Payments $7,414 $12,574 $21,875 $0 Total For Q3 $7,414 $99,498 $21,875 $11,548 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, 45 owner- occupancy recertification letters were mailed and 37 were returned and processed. Staff also audited files for 21 projects, and conducted code compliance inspections for 136 units in 8 projects. Regulations require that only a sample of units 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 grounds, common areas and almost all of the inspected units were found to be in compliance at the time of initial inspection. Three smoke alarms and one carbon monoxide detector were inoperative. Additionally, two toilets were loose and two burners would not ignite properly. All of the deficiencies were immediately repaired and passed a re- inspection. Affordable Funds for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority acting as the Housing Successor Agency manages multiple sources of local, state and federal funds to promote and facilitate the development of affordable housing. As of March 31, 2017, a total of $18,661,468 is available for affordable housing development. Exhibit 3 provides a summary of the funds available as of the end of this quarter. 191 -3 Quarterly Report for Housing Division May 2, 2017 Page 4 Development Projects NSP 1, 2 and 3 Programs The City's intermediaries, ANR Industries, Orange Housing Development Corporation, and C &C Development, continue to look for eligible properties for this program. Habitat for Humanity of Orange County Permits for the construction of five homes located at 4010 - 4026 E. McFadden Street were issued in November and construction commenced in December. Once completed, the homes will be sold to qualified low and moderate income homebuyers. Depot at Santiago (New 70 -Unit Affordable Rental Housing Development) Construction commenced in April 2016 and the first floor framing is underway. The project is expected to be completed in November of 2017. Andalucia Apartments (New 70 -Unit Affordable Rental Housing Development) Construction was completed in March and qualified tenants started moving in shortly thereafter. The project is expected to be fully occupied by the end of April. The Orchard (Rehabilitation of 71 Units of Affordable Rental Housing) The Developer, Community Development Partners and Mercy House, was awarded funds through two Request for Proposals (RFP) processes to acquire and rehabilitate a former motel on First Street into 71 units of permanent supportive housing for homeless individuals. Construction commenced in January and is approximately 10% complete. Santa Ana Arts Collective (Adaptive Reuse for 57 Units of Affordable Rental Housing) The developer, Meta Housing Corporation, was awarded funds through a Request for Proposals (RFP) process to acquire and develop 57 affordable rental housing units with a preference for applicants who are artists and working artist families within Santa Ana. The Developer has completed the entitlement process. The project was awarded and accepted 9% Tax Credits in December 2016. On December 14, 2016, the City received a letter from Meta Housing Corporation requesting the City to commit $3.1 million in additional City funds to fill a shortfall they are projecting for their financing due to the unanticipated nationwide fluctuation in the Low - Income Housing Tax Credit equity market. As an alternative, Meta Housing Corporation submitted an application to the State of California Tax Credit Allocation Committee (TCAC) for a proposed hybrid 4 %/9% model to reduce their financing gap. On April 13, TCAC formally declined the request for additional credits under the hybrid Low Income Housing Tax Credit (LIHTC) structure. Staff is currently researching the request from December 14, 2016 and will bring forward a recommendation at a later date. First Street Apartments (New 69 -Unit Affordable Rental Housing Development) On April 19, 2016, City Council approved an award of inclusionary housing in -lieu fees to the Developer, AMCAL Multi- Housing LLC, for the First Street Apartments project and approved a conditional loan commitment letter of $8,795,000 that will be contingent on the City's actual 191 -4 Quarterly Report for Housing Division May 2, 2017 Page 5 receipt of in -lieu fee payments of $9,695,725.60, or a portion thereof, or a cash equivalent to the in -lieu fee payments from the Heritage Village OC, LLC, to develop 69 affordable rental housing units. The City received a request from the Heritage Village to fund the project with alternative funds. Staff is currently researching the request. The developer is currently preparing to submit an application for 9% Low- Income Housing Tax Credits on June 28, 2017. Santa Ana Veterans' Village (New 75 -Unit Permanent Supportive Housing Development) Following a Request for Proposals (RFP) process, on April 4, 2017, the Housing Authority approved a proposal for 75 Housing and Urban Development Veterans Affairs Supportive Housing (HUD -VASH) Project -Based Vouchers for Permanent Supportive Housing to be used at Santa Ana Veteran's Village located at 3312 West 1st Street. The new construction project consists of a seventy -five (75) affordable multi - family unit apartment complex and will be made available at affordable rents to HUD -VASH eligible homeless veterans for a term of fifty -five (55) years. The developer is currently preparing to submit an application for 9% Low- Income Housing Tax Credits on June 28, 2017. Aqua Housing (New 58 -Unit Permanent Supportive Housing Development) Following a Request for Proposals (RFP) process, on April 4, 2017, the Housing Authority approved a proposal for 25 Project -Based Vouchers for Permanent Supportive Housing to be used at Aqua Housing located at 317 E. 17th Street. The project is an acquisition, demolition and new construction project on the site of an existing motel (Aqua Motel) that currently serves short - term residents. The budget includes relocation assistance for eligible residents. The new construction project consists of a fifty -eight (58) affordable multi - family unit apartment complex and will be made available at affordable rents to chronically homeless individuals for a term of fifty -five (55) years. The developer is currently preparing to submit an application for 9% Low - Income Housing Tax Credits on June 28, 2017. STRATEGIC PLAN ALIGNMENT The activities covered by this report allow 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). FISCAL IMPACT There is no fiscal impact,associated with this action. Deputy City Mir City Manager's Office Exhibit: 1. Available Funds for Affordable Housing Development Projects 191 -5 191 -6 Exhibit 1 Available Funds for Affordable Housing Development Projects As of March 31, 2017 Housing Successor Agency (Housing Authority) $14,602,716 Cash on Hand ($789,853) Reconciling amount (ROPS Projects) ($338,032) Habitat for Humanity Disposition and Development Agreement ($250,000) Administrative Costs Allowance 1 $13,224,831 Available Funds Incluslonary Housing Funds $6,625,980 Cash on Hand 2 ($2,061,381) Santa Ana Arts Collective Pre - Commitment Loan & Associated Project Costs 3 ($98,594) Administrative Costs Allowance (CDA/PBA) $4,466,005 Available Funds ( *Excludes $9,695,725.60 anticipated from Heritage Village) HOME Program $2,923,410 Funds to Drawdown ($2,260,000) Santa Ana Arts Collective Pre - Commitment Loan ($332,778) Community Housing Development Organizations (CHDO) Set -Aside G $330,632 Available Funds to Drawdown CDBG Program (Acquisition /Rehabilitation Projects Only) 5 $1,140,000 Funds to Drawdown ($500,000) Santa Ana Arts Collective Pre - Commitment Loan $640,000 Available Funds to Drawdown $ 18,661,468 Total Available Funds Tha Housing Successor Agency relies on available cash to fund the monitoring and compliance functions related to the former Rodevekes ent Agencys housing leans. ' Includes $757,600 payment from the Venti na Walk project (1606 W. 181 Sl received in March 2017. ° Pre4oan amount is $1,675,000, ^ The $332,778Includes funds currently available as noted In the February 7, 2017 City Council Agenda Item 26C, An additional $171,771.60 Is estimated in future funding. ° All unencumbered funds at fiscal year end are expected to be rolled over to the Unappropriated Balance for CDBG Capital Projects In FY 17116. Exhibit 1 191 -7 191 -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: PARK RANGER PROGRAM UPDATE (STRATEGIC PLAN NO. 1, 1) F CI Y MANAGER RECOMMENDED ACTION Receive and file Park Ranger Update. DISCUSSION CLERK OF COUNCIL USE ONLY: _-•:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER The Police Department assumed responsibility for the Park Ranger Program on April 18, 2015. Since then, the Personnel Services Department has received 175 applications for the full -time Park Ranger position. There were 15 applicants who possessed the minimum qualifications required by the job description. All of the full -time 15 applicants that met the minimum qualifications failed a component of the testing process or failed to respond. The Police Department successfully hired one part -time Park Ranger, who has since been separated. There are currently two remaining full -time Park Ranger vacancies; however, the Police Department continues to staff the Park Ranger program at 100 hours per week, including a 40 -hour Park Liaison Officer, a 20 -hour part-time Ranger, and 40 hours of Police Officer overtime. The current Park Ranger classification continues to present recruitment challenges. The position requires completion of a Police Officer Standards and Training (P.O.S.T.) approved Basic or Extended Basic police academy. Park Ranger candidates that possess a valid POST certificate are regularly hired as Police Officers. Those that are not, have difficulty passing one or more of the Park Ranger testing components, including the Background. The Police Department and Personnel Services Department are currently researching other armed Park Ranger models, which do not require a Basic POST certificate, to present for City Council consideration. The Police Department will be considering armed Park Ranger models that require a shorter academy or training period. Some of these training programs can be completed after the hiring of the successful Park Ranger candidates, thereby increasing the applicant pool. The Police Department will be working with the Personnel Services Agency throughout this process, and will present options for City Council consideration at an upcoming Council meeting. 19J -1 Park Ranger Program Update May 2, 2017 Page 2 The Police Department continues to actively recruit Park Ranger applicants from the Orange County Sheriff's Department (OCSD), Los Angeles County Sheriff Department (LASD), San Bernardino County Sheriff Department (SBSD), Riverside County Sheriff Department (RSD), California Commission on Peace Officer Standards and Training (POST), area police academies (Golden West, Rio Hondo, Orange County), and various police officer associations. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to achieve 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 associated with this item. Carlos Rojas Chief of Police Santa Ana Police Department 19J-2 REQUEST FOR COUNCIL ACTION :mot CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: CITY OF SANTA ANA THIRD STREET AND BROADWAY DEVELOPMENT PROJECT UPDATE - STATUS REPORT (STRATEGIC PLAN NO. 3, §A) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on Z' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file City of Santa Ana Third Street and Broadway Development Project Update status report. DISCUSSION On March 21, 2017, the City Council authorized the City Manager and Clerk of the Council to enter into an Exclusive Negotiation Agreement (ENA) with the Reimbursement Agreement for consideration to be executed with Caribou Industries Inc. ( "Developer ") for the Third Street and Broadway Development Project with the Proposed Scope of the project, subject to non - substantive changes approved by the City Manager and City Attorney. On April 4, 2017, City Staff met with the Developer to discuss the terms of the ENA and the 29 Proposed Scope of said Project. The result of the meeting was that of the 29 Proposed Scope of the Project, both City staff and the Developer agreed on 8 conditions that were proposed. The conditions agreed on were numbers: 13, 14, 15, 18, 21, 24, 25, and 29. However, there are discrepancies between 21 of the conditions proposed by the Developer and those outlined by the City. The following are the conditions where the Developer's proposal deviates from the City's requirements: 1. Developer is to submit audited financial statements to the City of Santa Ana. 2. Developer is to purchase the property at market value with the intention of demolishing the existing parking garage and building a mixed use residential /retail/ office /hotel project. 3. The City shall impose a lien on the property for the market value purchase of said 19K -1 City of Santa Ana Third Street & Broadway Project Update May 2, 2017 Page 2 property. Said lien shall be maintained for no less than 25 years. 4. The City shall release the lien after 25 years and upon the developer's accomplishment of all performance requirements and terms of the loan as outlined in the DDA. 5. The developer shall be required to deposit a determined amount within five (5) days of opening an escrow. 6. The transfer of the title of the property shall only take place after certain City of Santa conditions have been met by the developer. 7. The developer shall obtain all necessary entitlements at their own expense prior to transfer of property titles from the City to the developer. 8. The developer shall prepare a complete environmental document consistent with California Environmental Quality Act (CEQA) for the proposed project, 9. A minimum four (4) -star hotel component, consisting of no fewer than 60 rooms is a required component of the proposed project. The hotel may be built at the same time as the rest of the project or in a subsequent phase, as described by the developer with a justification for its phasing and timing. Developer must submit documentation to verify a commitment from a major hotel, development proforma for the hotel, and signed labor agreements as required but the City in order to meet the hotel component requirement for the project. 10. A hotel tax rebate incentive may be negotiated between the City and the hotel operator consistent with the City's Hotel Incentive Program. 11. The developer shall build the project paying prevailing wages and the hotel component shall employ unionized labor at prevailing wages for its operations. 12. The developer will not be required to replace the existing public parking. Therefore, no public funds shall be directed to the development project for the purpose of creation of public parking. 16. Any unauthorized delays by the developer at any agreed upon phase of construction shall be subject to penalties set forth in the DDA. 17. The new development project shall be designed by a highly credible design team to exemplify the City's commitment to excellent design and sustainability in Santa Ana. 19. Prior to issuance of final certificates of occupancy, general, standard, and specific conditions and obligations set forth for this project shall be met within the timelines outlined in the DDA. 20. Developer is required to provide Community Outreach with all stakeholders to hear and address concerns over parking and construction during and after construction. 22. Developer shall reconstruct Sycamore Street between 3rd Street and 4th Street for all modes of transportation at the developer's expense. The reconstruction of Sycamore Street shall be performed according to all zoning, open space, and public right -of -way standards to the satisfaction of the Planning and Building and Public Works Agencies. 23. Existing street parking meter and parking activity must remain intact. 26. Developer shall provide ground floor, pedestrian - oriented commercial uses as will 19K-2 City of Santa Ana Third Street & Broadway Project Update May 2, 2017 Page 3 be detailed during the entitlement process. The developer shall meet specific performance milestones set forth in the DDA, 27. The developer shall provide a detailed construction schedule, staging, and management plan to be reviewed and approved by the City to eliminate or mitigate impacts to the surrounding businesses and the public during construction. 28. Developer shall be fully responsible for securing and leasing staging locations at the developer's expense to the satisfaction of the City. The construction staging location and equipment shall not impede day -to -day activities in surrounding areas. On April 27, 2017, City Staff again met with the Developer and the result of the meeting was the execution of the ENA and the commencement of the 60 days negotiation period. City Staff and the Developer agreed to meet the following week to review and discuss the 21 discrepancy conditions in the Scope of the Project to achieve the goals established as part of the City's Strategic Plan. The attached is the proposed Scope of the Project discrepancy comparison chart. (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #5 (Leverage private investment that results in tax base expansion and job creation citywide), Strategy A (Identify and market underutilized properties for new development that will create new jobs and expand the City's tax base). FISCAL IMPACT There is no fiscal impact associated with this action at this time. Hassan Hagh ni, AICP Executive Director Planning and Building Agency SM:rb rb \reports \smW%nd RroadwayU pd ate. CC. 4, 26.17 EXHIBIT: 1. Scope of the Project Discrepancy Comparison Chart 19K-3 19K-4 Q m it v d �O a b m V C R L H a i; A t v C O a E V V t N 0 d Q O V B N O CL i IL 19K-5 m W v m a C N 3 c N E E a, o _ C N J @ p E > C) O pC N C Y @ N U Q 6 O- ER C U' N W U 0 y @ N o N a) N 0 G a) Z O D (D c O O N N @ O m a) Q C O O O C O _ N p a N p o ._ E E N > C Q O N 'oD > NIL cZ °Z o O w OF c .t0. it C L II O II +-' it II N N 11 ro j O 0 aj ° U) m C a) > M O a) N II II N Q > N > a) > N O > U m❑ U ED aci a N p O °O C C w Y m N m ro E a) 0 y °) O ° .y% o a) r .'O.. N B N C E Efl' T N 0 C x y m O NO E E >.S E m a °- m 2 D> O. QU m 'O N r N@ W C p C@ U C 'O O m N "ro0 Q p w p j N 7 yO C N r C w N 0.0 a) N Q @ 0 0 9 p_ X X m OQ m 4) 0 C-4 U O @ w @ w C ° E E QG Q G d O r L Q a L w C d d J C L L U@ U N N A O p w E '@ 0 O Q C O �0. O> O W U m m ° a a ao Q m m >> m c g a� a� o m e -o c C p > L_ N > > O N .N w @ a) L m ._ 0 .3 O 0 M H a aX 3 n ac a Y m O Z ° O Cl) m m 0 W. m L = o - m `O w ,0 p 0 C O O Q N Q G pO M > m > a) E Q (= 'O °' L a) m y. On 4C-- O aE .L.. @ m O .O v O a) a� 0 2 a) QoY 0 46 a O .O O N 46 ra� U 46 m p m U w m U C I E °Mm yr o m d o a) E m w ? ._ E M Ep o i m N y U C a) 0 C >i N O N a) C Q p U L E O m E ` > mO @ > @ > a) , m a) x @ (L er✓ N U N c m p@ N p N N @ C Q p p Q Q._ Y_ m T a) m C > C C U C N U N U Q= N N@ N@ IA C m ++ o U a) m X N L @@ a) L a a) N L a) a L Y p N 0> a) J H y_ > I— J Q m I- 'o o h �° U 19K-5 m W v m a Q t m Z W v d .L d a a O 00 C R d L U) 9 M R S V C O N R G O v v d 6 .0 r d a O L d y d O IL 0. 19K-6 N U) bL a (0 l6 c G C N N y m o N 3 0 C - C y o yoE'm° o E co E m E U m ci a o > w >QmE YnpEO �rn �cmE _0 v:3 @� -OEm o�c�O- E16 N 'C r' E Tm E`= > �.. C Y N W r/i O O a) 0-0- N N N "O O f� N a O C O O - Cn ^" E d' N E (n G C �O C 0 C c @ c CL EroE mo m E a U) m ° � • O j � O p° mU m ° N O . O 0 O° m E O ° O c o C C O ° O g or a ❑ Q 0 Q E° II O C a, m> N s II a C m a 0 N 2 a) (D °II c O N N V m W a) m E N >° O O �a L ID =O E ❑ CD m aX p it E 0 a) ° p E 3 O (O m A O @> > C Q > mo T d Q p Q oo N > m L x m N M E a@ Q d' U o .0 O N y a N a m m y a C C m a E (6 c N, N 0 m p N m o L w m 0 .' ro'a rn� a> C co m - f ro@ o c Z, ❑ O. > a> a) L U o z N¢ Y m cmi (D a@ a y O L E c � ro 0 a) 0 0> C 'x OO G a ❑ O c E r C a O L m E O N QG c m ° o 0 O > 0 O C ° 0 0 O �0N t m c m E o c Lo m m U) J .., a °N EN > @ U a 0 r E N p p a' 'd'... tqas ; c E ° ° C o a Z m p o 0 Cl. cn yN >- E O O m pE c N~ q . D E0 O N m m O Q C (O O O '- a 0 0 y N m 0 W O L a Em @ L d '> 3 N C C N m =m EC W .v.. X p o a a c O o Y N ~ C aL m � 20 N O L E U U N m C F- U o o Q m a a'J o o a m O a c Q ° m m W L d L C C c a° m m m 1n E m m L m o o p 0 U o N m a.`P. EE o d.. a -°-. r -% C m a.. E a' c c a� O a) d_ a) o Q 0 o D o a 0 m Q O r C m N O N ar mao = N Eoc Lmad�3❑�a@ N > 0-00 O L m o O 00 N m a- r m a 6 ° a N 3 w o c > m c C m Op p .O c o 0 T 5 � o M 6 U E N O O - C O w N O m y D. N a ` Q O s m 0 ,01 O c �m p p m E a o a i o m o m E m °(� o 'a N a mEmp > a acc i E , w o o EO m 0 mE a L0m ° E L p O 0 U �p N w rrJ U r m m 19K-6 N U) bL a F m W v d y Id 9 O 9 d 'd M P m s Q C 0 CL V V d d t O d CL N '8 v O CL O IL 19K-7 m v m a O U N @ o m o! iyk r 3 ° 0 CD rn @ G@ y � s O(D U ti O .. � i *� N CJ C o i y m T E aci ° y Y a M pQ " U N O E L @ N '� O U l6 (4 N L l0 U A (p E o d G -o N CL CL co ❑ @ a� @ Q m O U a 0@ a) c r 'p ��s � J rAw3fif}�. a Z 'O j xYa X O C 0] M N @ m a) C a U p C O C 7#v i a'atl Psb�. II O +x-66 N @ £ j II p OQ m N p N a U p N II L r- @ Q a O -� ,5�s U CA p d O O a) .p d OQ N ` > X Y o X a) @ a) Q OQ M _ 'p e 'tit4 a3: =a Q� U � U 0 o) 2 U c U 2 0 a� U U Raw XWZ a) `6 Q U W O �' Ol Oa N N O' T N m "3"y. C w NQG... O O L C G a) -j @ N N a) L p@ `n»- ^`�+�{'r ,€ �s. d N C N Y .L.. I— m �i llt- EL X N W.� O- E a N fU6 L N Cp '3 'r'` @ w U :° m _ °' o °' y : f' a'`�'a- x94- >t';. �i Cw *c °-4Qaa�:. u ❑ C C p O a a E L O co ID > @ @ (D w a) L L @ @ r a 2 ;r " � ¢ Q „ o c� "W'" m a o F.!.tim O U C IQ) @ N Q O N t 2 L 45 iQ r. C a) 0 a) 9 O Q �e O ♦ L a U Y N m N p O a) a U O P E @' 3 o X 0 c o m. ❑.;. Q d p v) @ Q .@ O a X y U ;U ? U U O oQ _, aEi 19K-7 m v m a Q F m W V d d R 9 R 0 m ii R d L M > G v N D Wr v Q. dr Q- d) 0 C'4 . VI.N. O p 2 > oa N d T (0 N N @ a E @ N m N N i a o o U j O N cu L O N O c m ° 3 w "a U c N N m Q O 0. U E c Oc r O U O N - O N - � N O N m N > 3 D m O C C a aSaa L O O a E d N U MM L U N e0 G C � T N N Q N '�0 00 ..L. F: N E m d � ca 01 U U1 L a � U N N � U O a c II = a _m 01 W n E m a E c E m 00 C � N � - N _ m S a L N � C o y a c � � m 0 N 0 O > W a N � C a C U C O U �o CO 0 N CO L O U a C N N O d U U a U K O 0 ID c d U O O N> V a A 0 C N m O N W m N O m � N N N m C U a N b umaNMmEm mu eNemaci3� II >r N 'M '0 N 0 0 U E0 ❑ c� C v 3 C N O E 0 N m O > U 0 fl p m `o N e N y Sk N 00 m Q C U U O a U N N O C a� o w C 0 a J O m L C 0 O-O— m mo 0 m C N N N N m m N G 5 1] 0 4 E m O C � N a M o t E N O 0 L w L � N N 3 t U O w m p a c o _L o E '3 0 p ma e = U 2 N E c it v m U N o s o m Y O Q U ii ❑ N N C a C m E a N OO O U m m N D N e 0'-0 O C N L aL 0_ m U O 0'- a L m � f0+ a 0 U U c d cep y p E U T._ m m'e N 00 A 0 LU w N 0 C N N d ;E 0) o 0 x E r o n o w E m e O > Cl a m m N »- c E `m v IL ' 2 N m° a NU Ci c v o..: 0.- d w >(D c a� TOL m omN C N ' o L 0 CO N 0 i cawm �M acNm3 a� >in dM o aLm Em � Ya E, 0 (D oC C am' e N O� coi 6 o � m E U Q O?Tt �e 7rx N O. C m .5 C COMM ` iLm q * t" m m 3 E a 'Y MEon.N c r'en acLi m m r E o m o Q o E° °c U 19K-8 v a Q m x W V y a R R 0 m c s R d U) 9 M 19K-9 v a t dn' L O N v ; Q E O OSy - �' u a { Q C N U1 .O N OCS N lx y N O. U N 'O { U c { C C {0 Q { c U y O 'O > > d G s < U— O E O O` m N _ o 0 CL c n p r3s5 .,.E�� y° m s aim o 'It o� 06 CO a) 'O C 'O _' 'O O. t+0 .R E O O C d 3 0 M N U C 0 C Q m C W UPS C it N S n axi R a°i a y o O C N > O O N T t/1 C j E n. E'`Su II E m m O E0 m 0,m0U) U O O C D ,) U Hi=s 44`rR,rk 0,4 o N C rd Y 010 is C d s' yYrv,jt r E VI O L m Q =x#5 ° � Q, ° o^ W N °�, D It fr m' E m U C N d N V �� riz. . C Z � x {' ; ° ° > y O 'F$ IL 0 a) d � m s nsp (0 0 .� U El4 E N> co > W {lA N O N N a L­' N dw C N m N "U6J S'Na AD _ Oat O N N O [CS9JG O O C C l 5n U) o O ON -OO m CL c.o� 4m s5 -o c U) o E saz "- x'c a5K a6�i Ni ryes rn N •. m 0 o o w E rdj o '' ' a o E .� m S c�' `a o E eo '0 .+ D E., o °.. o (D c ` a� `o a r- ._ m '- L v+ni , ,'a1. a ; •3i, ci 2 > O 'C 9 N L N O N N X O Q f Ox. m .,0, O La G f N N L N C f0 0 .o o h o. m m a W E 19K-9 v a m V d Q R L O m d 6 H M 19K -10 T b�D a W d @ U U 0 av o 0 Q d c m c C J w= 0 !( = 0 N C y N O@ C W U > G N.L.. O N N@ C N O N N Q C`t J Z'E'O '0 p U G. O@ > O N L N ci N @ N U N p G N p 0 Q U .O G- N U O) _ 0 0 C N E N o O N E N d N A Q N JO m y U 0 0 N d C 0 N NN @ O p N O 'N C > @ w O @ E UN N C O O N C O NN E o O. E > - @ N Q Q 8 C Q Q O> N X- Q U Q E O C :�. N N N C'J i@ dG E E 0 0 L w O> O '- O W o N dQD)O.0 CA T p O C O C II C d 00 'a UEOEa Uo °'oa 0 -0 °c 0 @ w m `o E _ N N N O Q 'C 4. p L E C o a N a U O a r r _ � 3 N N � E a3 N C 0 3 J N C > p O T y E @ N O N N C'p� T TCL O O N J O _O CL N O..Q 0 0 J J E N U> - N d a N p i d O O - d Q L E c C b 5: U = m a CL N o E N N N m N 0 0 N L N D O N a > H 0 4 O O) C p @ C O N N O L Q Q Q@ N Z - N -o a N o o c' o. m LLI o (D -o aw J @ L E @ I- -O a w m C`. `NN@ N.�> E.O QCOCT N k v �0 - 0 �as ". N� a�NQ a J 0 00, n N >.M- o 3@ � r N a M @ o@ Q 0 w o m Fla, Q O a O U Q @E -oo N L N E N W N@ O N0 ) O N O p N o O 0 1^diC y U N 0 J L.0 L O@ T O N X. O L D O S m� F- U E L N U m � N U N N 19K -10 T b�D a REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: UPDATE ON COUNCIL DIRECTION TO PROVIDE RECOMMENDATION ON THE ESTABLISHMENT OF AN INDEPENDENT REVIEW OR CITIZEN REVIEW BOARD TO REVIEW POLICE FORCE INCIDENTS, PROCEDURES AND POLICIES {STRATEGIC PLAN NO.-S, 11 UTY C RECOMMENDED ACTION 1. Receive and file report. 2. Schedule matter for consideration in 45 days. DISCUSSION NNW _-•:• _e ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER At the April 4, 2017 City Council Meeting, Mayor Pro Tem Martinez agendized above matter as a Council Agenda Item. The City Council directed staff to return in 30 days with recommendations. Subsequently, the Chief of Police announced his separation from the City on April 24th. It is staff's recommendation that the City Council allow staff 45 days to review the various type of police oversight boards, as provided by the City Attorney, and attached as an exhibit and bring forth recommendations for consideration at said time. 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 Exhibit A: 19L-1 19L-2 Many cities throughout California have instituted various forms of civilian oversight of law enforcement. (See Table 1 below). There are more than 200 models of police oversight, however, they can be grouped into the three following categories: (1) police auditors, (2) commissions/boards without investigatory powers, and (3) commissions /boards with investigatory powers. Police Auditor /Office of Independent Review/ Inspector General An independent police auditor is responsible for conducting oversight of law enforcement or police functions. The auditor may oversee investigations and advise the police chief on whether and how officers should be disciplined. Additionally, the auditor may review and report to the City Manager on certain investigations and cases on a quarterly basis and issue public reports and statistics with recommendations on practices, procedures, training, and equipment to assist public safety in areas that may need improvement. In the most empowered auditor -based model (Boise, Idaho), the auditor is authorized to direct police staff in the investigation of a citizen complaint. Generally, auditors may request further investigation or begin self - initiated investigation. Depending on the jurisdiction, the auditor may or may not have subpoena powers. Advantages: Police auditors may have access to police personnel records and internal documents and are often permitted to observe internal affairs interviews and sometimes are permitted to submit questions to the internal affairs interviewers. Auditors have more flexibility than a board or commission, as the scope of their duties can be broad or narrowly tailored. Disadvantages: Issues surrounding partiality, i.e., how could the police auditor be independent of the police department and also a confidential advisor to the police chief. Auditors without power to compel evidence may not be able to conduct effective investigations. Police Commission /Citizen Police Review Board Without Investigatory Powers A police commission or board consists of assigned members and reviews police misconduct investigations in order to determine whether they were conducted appropriately and adequately. Members may agree or disagree with findings of the Internal Affairs investigation and may also recommend corrections, additional investigations or officer discipline. Boards or commissions may also provide proposals or recommendations regarding department policies. Advantages: Boards or commissions without investigatory powers are able to produce findings more quickly than an investigatory model. This model also provides an opportunity for residents to be directly involved and have input on police issues. Disadvantages: Large amount of labor and time required of those serving on the board or commission. Members must have some knowledge and training in order to identify problems in complex investigations. Without investigatory power, the board or commission is limited to the evidence and investigation conducted by Internal Affairs. Members may feel obligated to pursue 19L-3 specific agendas or policies. Requires that members listen to all parties and collect all evidence before analysis is conducted. With Investigatory Powers This model also consists of assigned members and has the additional capability to investigate complaints separately and externally from the police department. The board or commission may make findings as a result of such investigation, and thereon make specific recommendations to law enforcement administrators regarding discipline and/or policy. Advantages: Can provide increased public confidence in misconduct investigations and give the community a greater sense of inclusion. Additional oversight to have investigations and findings from an agency other than the police department. Disadvantages: Members must be highly trained and willing to spend a considerable amount of time in order to conduct fair, unbiased and consistent investigations. Substandard investigations can create major problems for the community and police department. Must have the ability to compel evidence (subpoena) and ability to hear testimony from officers. Would require adequate funding to function properly. Issues of due process for police officers being investigated. Best Practices for All Enforcement Models • Ensure cooperation from within the law enforcement agency by developing an oversight process which is credible, reliable, fair, and provides due process • Sufficient time, planning, and coordination must be allotted in order to establish successful oversight • Members of boards and commissions must be adequately prepared and informed about the relevant details of each case, as well as legislation and governing policies • Oversight must function independently • Members who participate must possess integrity and base all decisions on the facts presented • Participants and administrators must be provided with adequate budgets, training, and time in order to provide effective oversight • Review and oversight must be performed with fairness, patience, and compassion for all parties involved • Promote community awareness regarding citizen complaint procedures (where and how to file a complaint) 19L-4 Table 1 v -- --KEW _:�. -__ Mr - m - -- .. Anaheim Public Safety Board Review police 9 residents appointed by budgets, staffing City Manager using levels, service lottery system drawn from delivery mechanisms, 4 neighborhood council policies and practices areas in the City. and critical incidents + (officer involved shootings, in custody deaths, and use of force). External Independent Real time monitoring Auditor of critical incidents and reviews administrative investigations. • Reviews and reports on certain investigations and cases on quarterly basis. • Issues public reports and statistics with recommendations on practices, procedures, training, and equipment. Berkeley Police Review Hears individual 9 Commission complaints • Makes policy recommendations to the City Manager and Chief of Police Burbank Police Commission • Provides civilian 7 oversight of department • Advocates best law enforcement policies 19L -5 Calexico Police Advisory Board Receives citizen 5 complaints • Provides recommendations to department to improve relations with community Claremont Police Commission Reviews and 7 comments on department policies, procedures and practices • Provides forum to address complaints Davis Police Auditor Reviews citizen complaint investigations • Takes citizen complaints Inglewood Citizen Police Oversight • Investigates citizen I I residents Commission complaints Long Beach Citizen Police Complaint • Authority to receive, Commission administer and investigate, through 11 an independent investigator, allegations of police misconduct Los Angeles Board of Police Head of police 5 Commissioners department • Sets overall policy • Implements recommended reforms 19L-6 ;._ ... _ _ .. .___s E; E _a 0111c -o National City Community and Police Provides forum for 8 Relations Commission citizens to voice their concerns about police conduct, practices and policies • Receives and reviews complaints regarding police personnel for alleged misconduct • Recommends appropriate changes to department policies and procedures Novato Police Advisory and Provides for 5 Review Board community participation in department policies, procedures and practices and reviews citizen complaints Oakland Citizens Police Review Investigates, reviews, q members + 3 alternate Board and recommends members disposition of complaints including discipline • Provides reports to City Manager • Recommends policy changes to Public Safety Committee Oceanside Police Commission • Acts as an advisory 2 + alternate capacity to the City Council on policy matters 19L-7 Palo Alto Independent Police Receives citizen 1 Auditor plus support Auditor complaints directly staff • Reviews and assesses citizen complaint investigations of misconduct and internal affairs investigations. • Makes recommendations to police chief regarding further investigation, processes and dispositions • Formally meets with City Manager, Police Chief and City Council to discuss issues Richmond Citizen's Police Review Investigates citizen 9 Commission complaints • Handles appeals from Professional Standards Investigations • Reviews and evaluates policies, practices and procedures Riverside Community Police Independently 9 Review Commission reviews citizen complaint investigations, recommends changes to departmental policy • Conducts independent investigations of citizen complaints Sacramento Police Commission Provides 10 recommendation to the Mayor and City Council 19L-8 San Diego San Francisco San Jose Community Review Reviews and Board on Police Practices evaluates complaints Refers complaints to the Grand Jury, District Attorney, or other governmental agency Submits semiannual reports to the City Manager and City Council Police Commission Oversee the Police Department and the Office Of Citizen Complaints Sets policy Conducts disciplinary hearings on charges of police misconduct filed by the Chief of Police or Director of the Office of Citizen Complaints Imposes discipline • Hears police officers' appeals from discipline imposed • Appoints and regulates Patrol Special Officers and may suspend or dismiss Patrol Special Officers after a hearing on charges filed. Independent Police Ensures all Auditor complaints are classified and investigated Crafts recommendations 19L-9 23 19L -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: May 2, 2017 TITLE: APPROPRIATION ADJUSTMENT AND APPROVAL OF AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR GRANT FUNDED DESIGN OF PROTECTED BIKE LANES ON SANTA ANA BOULEVARD AND 5TH STREET PROJECT 17 -6880 (NON- GENERAL FUND) (STRATEGIC PLAN NO. 6, 1C) Ctf AANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 "' 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 Kimley- Horn and Associates, Inc. to provide engineering services for a one -year term with the City option to grant up to two (2) one -year renewals exercisable by the City Manager and the City Attorney, in an amount not to exceed $690,000 over the life of the agreement, which includes a 10% contingency of $63,269, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $740,000 of State Active Transportation Program grant funds in the Traffic System Management revenue account and appropriating the same to the Active Transportation Program expenditure account. DISCUSSION Protected bike lanes (sometimes called cycletracks) put a physical barrier between cyclists and vehicles. Not only does this reduce accidents, but transportation planners believe cycletracks encourage new cyclists. In order to implement our recently updated bicycle master plan, City staff has been aggressively pursuing grant funding for bicycle projects. Active Transportation Program (ATP) grant funding in the amount of $5.4 million has been earmarked for the design and construction of the Santa Ana Boulevard & 5 t Street Protected Bike Lane Project. Of the total funding, the City has secured $740,000 for the environmental clearance and design of the project. The Santa Ana Boulevard & 5 t Street Protected Bike Lane Project begins at the Santa Ana Regional Transportation Center (SARTC) at its eastern terminus, regionally connecting transit riders from all over Southern California. Traveling west, the route passes through the Lacy neighborhood, which includes older homes and high density affordable housing. In this 20A -1 Agreement with Kimley -Horn for Design of Protected Bike Lanes May 2, 2017 Page 2 neighborhood the Project runs immediately adjacent to Garfield Elementary School. Continuing west, the Project provides direct access to Downtown Santa Ana and its many businesses along Third and Fourth Streets, just one block to the South. At the intersection of Santa Ana /Fifth and Ross Streets, the Project will connect with another proposed cycletrack project running north and south along Ross, and provide a direct connection to Santa Ana High School, Heninger Elementary School, the Santa Ana Senior Center, multiple high density and senior housing communities. On March 6, 2017, the Public Works Agency released a Request for Proposals (RFP) to qualified firms to provide engineering design services for the Santa Ana Boulevard & 5t" Street Protected Bike Lanes. The RFPs were also posted on the City website. A total of 7 proposals were received and evaluated by a review committee from the Public Works Agency. Each proposal was rated according to its qualifications, experience, capacity to perform the required work, and pricing data. The following list is a summary of the firms and their respective scores: NAME OF FIRM RANKING Kimley -Horn and Associates 91 Stantec 84 Anderson Penna 83 Mark Thomas 82 KOA 80 IBI Group 70 KPFF 69 Based on the ratings and experience, staff recommends that Kimley -Horn and Associates, Inc. be retained to perform engineering services for this 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 C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER- 2016 -97 has been filed for this project. 20A -2 Agreement with May 2, 2017 Page 3 Kimley -Horn for Design of Protected Bike Lanes FISCAL IMPACT Approval of the Appropriation Adjustment will recognize $740,000 of State Active Transportation Program funds in the Traffic System Management revenue account (No. 14817002- 52025), and appropriate the same to the Active Transportation Program expenditure account (No. 14817613- 66220). Funds will be available for expenditure in the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (No. 17 -6880) per the spending plan below: Expenditure Type FY 2016 -17 FY 2017 -18 TOTALS Engineering Consultant $54,000 $636,000 $690,000 Engineering Staff $10,000 $40,000 $50,000 TOTALS $64,000 $676,000 $740,000 APPROVED AS TO FUNDS & ACCOUNTS: �0" - e Xv Fred Mousavipour /Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency FM /EWG /JG /KN /ST Exhibit: 1. Agreement with Kimley -Horn Associates, Inc. 20A -3 20A -4 CONSULTANT AGREEMENT CITY OF SANTA ANA This AGREEMENT is made and entered into this 2nd day of May, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter "CITY ") and KIMLEY -HORN AND ASSOCIATES, INC. (hereinafter "CONSULTANT "). RECITALS A. The CITY desires to retain a consultant having special skill and lrnowledge in the field of protected bike lane design in order to prepare Mans, specifications, estimates, and provide construction support for the Santa Ana Blvd and 5 St Protected Bike Lanes Project. B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to the CITY. C. In undertaking the performance of this Agreement, CONSULTANT represents that it is knowledgeable in its field and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES CONSULTANT shall perform 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 Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as prescribed, beginning upon 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, a fee of $626,731 in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference. A contingency of ten percent (10 %) shall be available, at the discretion of the Executive Director of Public Works, for services that are currently not anticipated, but may be required to complete the Project. The total sum to be expended under this agreement shall not exceed Six Hundred and Ninety Thousand Dollars and No Cents ($690,000.00) for the term of the agreement. Compensation shall be processed in accordance with Section 18. 3. TERM This Agreement shall continence on the date first written above for a one -year term with the option for the CITY to grant up to two (2) one -year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. EXHIBIT 1 rev. 04n 1/2017 20A -5 Page 1 of 4. INDEPENDENT CONTRACTOR CONSULTANT shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the CITY. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which CONSULTANT performs the services which are the subject matter of this Agreement; however, the services to be provided by CONSULTANT shall be provided in a manner consistent with all applicable standards and regulations governing such services. CONSULTANT shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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 Documents & Data which were provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of tine Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at CITY's sole risk. 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 cormnercial 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 therefromn, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, and representatives as additional insu red(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. page 2 of 8 20A -6 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 3700 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. If CONSULTANT is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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 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 CTTY. iv. CONSULTANT shall supply CITY with a fully executed additional insured endorsement. 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 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, tines, 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 "), related to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct 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 Page 3 of 8 20A -7 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 indenurity 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 tine amount of indemnification to be provided by the CONSULTANT. 8. INTELLECTUAL PROPERTY INDEMNIFICATION CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to the CITY pursuant to this Agreement. 9. RECORDS CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of the CITY to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours, CONSULTANT shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement. 10. CONFIDENTIALITY If CONSULTANT receives from the CITY information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, CONSULTANT agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall 'include 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 lase 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. 11. 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. Conflict may be further specified in Cer•tifleations - Exhibit C, attached hereto and incorporated in this Agreement by reference. Page 4of8 20A -8 12. DISCRIMINA'1CION 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 and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and CONSULTANT, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of CONSULTANT. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns 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. 14. 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. 15. 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(s) 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. Page 5 of 8 20A -9 16. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES CONSULTANT shall, throughout the tern 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 i:tunediately 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. 18. PAYMENT'S & INVOICES a. Payment by CITY shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to CITY accounting procedures. CITY shall retain ten percent (10 %) of the invoice amount from each payment until the completed PROJECT has been accepted by the CITY. 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. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: i. CONSULTANT's invoice number and CITY's agreement number ii. Beginning and ending dates for services iii. CITY Project and /or Task Order number and/or name (if applicable) iv. Work site address /location (if applicable) v. Tasks or deliverables completed and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. 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. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 6of8 20A -10 20. NOTICE Any notice, tender, demand, delivery, or other conununication 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 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M -21) 20 Civic Center Plaza (M. -29) P.O. Box 1988 P.O. Box 1988 Santa Ana, CA 92702 Santa Ana, CA 92702 Fax: (714) 647-5635 Fax: (714) 647-6515 To CONSULTANT: Darren. Adrian. Vice President KIMLEY -HORN AND ASSOCIATES, INC. 765 The City Drive, Suite 200 Orange, CA 92868 Fax: (714) 938 -9488 A party may change its address by giving notice in writing to the other parlay. 'thereafter, arty 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 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. Page 7 of 8 20A -11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the clay and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR GERARDO MOUET Clerk of the Council Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney ICIMLEY -BORN AND ASSOCIATES, INC. I� Adrian, Darren Apr 14 2017 1:53 PM By: Gs� PE No. C53031 J N F'UNIC Darren Adrian KHACA Assistant City ATY,orney Vice President 03 Tax ID# 56 -08$5615 RECOMMENDED FOR APPROVAL,: FRED MOTJSAVIPOTJR Executive Director Public Works Agency 20A -12 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 20A -13 Solution: We will begin evaluating sight lines at the initiation of Project work by recording existing sight line deficiencies in the field observation. Our Designer's will seek to eliminate or improve existing deficiencies and review resulting lines of sight on the design base. Areas of concern are annotated with sight lines drawn on an exhibit for evaluation and documentation purposes. See Figure 4 indicating design consideration. DtivewKays Issue Driveways present one of the most common Figure 4 - Consideration of sight lines is a critical conflicts with cyclist since they are typically uncontrolled element fora safe bikeway. and occur frequently along the alignment. In addition, driveways tend to be a common area where restricted sight lines cannot be feasibly mitigated. Solution: Our Team will review driveway conditions and note those with sight line deficiencies or other elements that may lead to potential conflicts. We will also identify commercial driveways with significant traffic volumes. At these locations, we will consider adding signage and markings to warn vehicles of oncoming cyclists. For unique conditions, we will consider warning devices or other treatments to notify cyclists and potentially slow travel to promote safety. See Figures 5 and 6 for typical examples. Figure 5 - Painted bike lane at driveways. Figure 6 - Flexible delineator and painted bike lane at driveway. We have reviewed the detailed scope of work contained in Attachment 1 of the City's Request for Proposals. The following is intended to supplement and clarify scope items to demonstrate phases of work to be completed, tasks to be accomplished, and deliverables to be provided. Additional items that may be required to complete the scope of work are described at the end of the matrix under the heading "Optional Items ". Design plans and reports indicated herein will follow City standard format unless indicated otherwise. A Drawing List indicating anticipated sheet count is included with our fee in the separate, sealed envelope. We assume a nine -month schedule for design beginning in April 2017 with work completed by January 15, 2018. Our proposed schedule is provided at the end of this section. Task 1: Project Coordination and Meetings Kimsey -Horn will meet and/or communicate with City staff and other stakeholders to coordinate design elements. This encompasses coordination with the OC Streetcar design team and other stakeholders, such Kirnley» )Horn 20A-14 TRE077007.17I City of Santa Ana as Garfield Elementary School. We will conduct meetings and conference calls, and provide pertinent meeting minutes with action items. The also encompasses phone and email communications. The following meetings are included in our scope): • One Kickoff Meeting • Four Monthly PDT Meetings • Three Focus Meetings Deliverables: Meeting agendas, meeting minutes, action items. Task 2: Survey The Kimley -Horn team will provide aerial mapping with supplemental ground surveys at a scale of 1" 20' at the locations of proposed median islands and bulb -outs within the project limits indicated in the RFP. Ground surveys will be used for the areas where more accuracy is needed for design of the proposed median islands and curb returns as shown in the RFP exhibits. This encompasses survey record collection; establishment of horizontal and vertical controls; monument and centerline tie preservation; and establishment of temporary benchmarks. Existing features such as utility covers, pavement limits, private property improvements, curb ramps, driveways, curb & gutter, sidewalk, street lights and poles, traffic signs and striping, will be surveyed where needed for the proposed design and added to the base maps. Existing right -of -way will be input according to readily available records. We assume that complete base mapping and surveying are available within the street car corridor areas, and additional surveys in this area are not needed. Deliverables: Microstation V81 Fifes of Topographic Survey, XML Point File, DTM of existing surface features. Task 3: Geotechnical Investigation Infiltration Test and Soil Suitability: The Kimley -Horn team will conduct a geotechnical field investigation as follows: • Percolation rate test at seven locations within the proposed median islands areas. • One boring at the intersection of 6th Street and Mortimer Street to the depth of 15 feet. • Agronomy /soil fertility laboratory testing encompassing: major element fertility package, agricultural suitability package and USDA particle size analysis Data compilation and geotechnical analysis of the field and laboratory tests, consisting of analyses to evaluate and provide recommendations pertaining to the following: Percolation rate characteristics of the soils. • Atterberg Limits / Plasticity Index. • Moisture and Density. • Suitability of the on -site soils for landscape improvements. • Foundation design criteria for new traffic signal poles or signs. Preparation of a report presenting the results of field exploration, geotechnical laboratory testing, engineering analyses, as well as conclusions and recommendations relative to the project. New pavement structural section will be based on City's available data from OC Streetcar project and other similar projects in the area. Deliverable : Draft Soil Material repori, Final Soil Material Report_ City of Santa Ana I TRE077007.17 20AA 5 Kim Iey >))Horn Task 4: Record Rese, =at -cli and Utility Coordination Kimley -Horn will obtain readily available record drawings and data pertinent to the scope of work such as as -built drawings, GIS mapping, and utility atlas'. We will initiate the utility company notification process early in the design process and identify potential conflicts. We will maintain a Utility Agency Tracking List to indicate status of communications and add a contact list for substructure and utility owner- operators to the specifications. We will assist the City with utility notification letter consisting of the following: 1. Utility Information Request 2. Prepare to Relocate Notice /Final Utility Notice Form 3. Notice to Relocate We assume that utility notices will be on the City's letterhead. All related fees from utility companies are excluded from this proposal. Deliverables: Utility Agency Tracking List, utility Notification Letters Task 5: Water Quality Kimley -Horn will develop a Water Quality Management Plan (WQMP) for the project in compliance with, and meeting the requirements set forth in, Order No. R8 -2009- 0030 /NPDES No. CAS618030, of the Santa Ana Regional Water Quality Control Board. The WQMP will incorporate Low Impact Development (LID) Best Management Practices (BMP) to the maximum extent practicable. For example, the use of bioretention facilities within landscaped parkway areas will be in accordance with the USEPA Green Street standards. If traditional LID BMPs cannot be incorporated, appropriate proprietary BMPs will be selected to improve water quality as a last resort. If proprietary items are needed, these will be indicated in compliance with the City's adopted public contracting code. Deliverables: Draft Water Quality Management Plan, Final Water Quality Management Plan. Task 6: Roadway Design Plans Kimley -Horn will develop roadway design plans for the construction of new raised bike path buffers, bulb -outs, ADA improvements and roadway improvements necessary for implementation of these features as shown on the RFP Exhibits. The plans will show required horizontal and vertical design information. Roadway plans will be prepared at a scale of 1" = 20' horizontal and 1" = 2' vertical for necessary profiles. We will use the field surveys obtained in Task 2 herein and received from the OC Streetcar project for base mapping. Vertical design information for construction of new islands, non-standard curb ramps and bulb -outs will be indicated on the plans with elevation callouts. Curb and flow line profiles will be shown if necessary for improvements exceeding 200 feet in length. Details and Typical Sections will be added as indicated in the Drawing List. Necessary adjustments to surface utility features will be identified and addressed with call outs and construction notes. We will prepare details for items that deviate from published standards. Plan preparation will be coordinated with the OC Street Car design team to encompass other proposed site improvements and verify /remove possible duplication of construction items prior to bid and construction. Deliverables: 30 %, 60 %, 05% and 100% Plans, electronic files in Microstation V81 and PDF (final Plans and Specifications will be sealed and signed), responses to previous review comments from the City. Task 7 Traffic Signal Modification Playas Kimley -Morn will prepare ten traffic signal modification plans along Santa Ana Boulevard and 5th Street. We assume that the single new traffic signal at Santa Ana Boulevard and Mortimer Street will be designed by the OC Streetcar project team per the City's RFI dated March 21, 2017. Installation of signal interconnect, SMFO, conduits, and cables or modification of existing communication systems is anticipated within the project limits and will be shown on the traffic signal plans. Installation of CCTV and video detection cameras are also included and will be incorporated into the traffic signal plans. Traffic signal plans will be at V =20' scale and be designed per City of Santa Ana and Caltrans standards. Kim ley ») Horn nOA —A 6 7REU7700717 1 City of Santa Ana We assume the design to install and integrate the new video detection server in the Traffic Management Center for the communication support to the new video detection systems will be addressed in the technical specifications. Deliverables: 60 %, 95°% and 900% Plans, electronic files in Microstation V81 and PDF (final Plans and Specifications will be sealed and signed), responses to previous review comments from the City. Task 8: Striping and Sigtdng Plans Kimley -Horn will prepare striping and signing plans at a scale of V=40' for the proposed improvements within the limits of the project. We will coordinate this task with the OC Street Car design team for consistency of the proposed striping and signing design along the corridor. Striping and signing plans will be in compliance with the City of Santa Ana standards, Caltrans and California Manual on Uniform Traffic Control Devices. Flashing beacon installation details, if required, will be shown on the striping and signing plans. It is assumed that signing and striping design for Santa Ana Blvd. from Flower St, to Mortimer St. will be included within the OC Streetcar design package. It is assumed that first submittal for Signing and Striping Plans will be at 60 %. Deliverables: 60 %, 95°% and 900°% Plans, electronic files in Mirrostation V81 and PDF (final Plans and Specifications will be sealed and signed), responses to previous review comments from the City. Task 9: Landscape and Irrigation Plans Kimley -Horn will prepare landscape and irrigation plans for proposed islands and bulb -outs within the project limits. These plans will be consistent with the City's Standards and General Plan; City's Scenic Corridor Elements; City's Urban Design Elements; and California's Water Efficient Landscape Ordinance. The plans will take into account City maintenance when developing the design. We assume raised medians will be hardscaped in the areas that require accessibility for pedestrians. Deliverables: 60 %, 95% and 100°% Plans, electronic files in Microstation V81 and PDF (final Plans will be sealed and signed), responses to previous review comments from the City Task 10: Specifications Kimley -Horn will prepare technical specifications based upon the boiler plate supplied by the City. Bid items will be described as required by the plans n in the General Provisions and will be included in the Contractor's bid list. Reference for technical provisions to the City's standards and Standard Specifications for Public Works Construction (Greenbook), Caltrans or other appropriate specifications will be indicated. Construction phasing and staging will be addressed in the Specifications per City's RFI dated March 21, 2017. Deliverables: 60 %, 95% and 100% Specifications, electronic files in PDF and word format (final Specifications will be sealed and signed), responses to previous review comments from the City. 7ask 11: E'stirnates Kimley -Horn will prepare an Estimate of Probable Construction Costs based on estimated quantities. Unit prices will be derived from readily available current bid information on similar work within the area. Backup will be generated for lump sum items. Contingencies will be shown as agreed upon with City staff. Deliverables: 30 %, 60 %, 95% and 100% Estimates, electronic files in PDF 7ask 12. Schedule Shortly after notice -to- proceed, a Gantt Chart format Target Schedule will be provided showing primary tasks and review periods /processing as agreed with the City. Kimley -Horn will maintain a Progress Schedule showing actual progress versus target and provide to the City on a monthly basis. The goal is to have the project design package completed by January 15, 2018. Deliverables: Draft target schedule, monthly updated schedule Task 13: Bid Phase Kimley -Horn will provide services during the bid phase by responding in writing to requests for information (RFI) /clarifications. Our team will assist the City in the issuance of Addenda to the bid package. This consists of making design changes determined necessary to address clarifications. Other design changes, such as those for the Contractor's preference, are not included in this scope. Changes in the overall design concept City of Santa Ana I TRED77007 17 20AA 7 Kimley) ))Horn are not accounted for in this scope. We have included preparation of one addendum with responses to contractor's request for information as part of this task. Deliverables: One Addendum, Design Revision for Addendum Task 14: Construction Phase Kimley -Horn will assist the City during the construction phase by responding to contractor's RFIs, preparing addendums and providing clarifications. This also consists of reviewing contractor's change orders and changed conditions in the field. Changes in the overall design concept are not part of this scope. A 12 -month construction duration is assumed. We have included: one meeting, up to six RFIs, up to eight contractor submittal reviews, one field observation, and one addendum. Kimley -Horn will prepare record drawings by updating the approved design drawings based on one set of redline markups provided by the Contractor or City staff. Independent verification is not included in this scope. Significant deviations from the original design documents are not accounted for in this scope. The purpose of the record drawings is to create a deliverable that will represent the built condition for the City's records as recorded by the Contractor. Deliverables: Record Drawings - 1 hardcopy and 1 electronic (both PDF format and Microstation V81) Optioltal Items Potholing: Provide vacuum excavation potholes to positively identify utilities where conflicts may exist. This data will be used for traffic signal modifications and other potential conflict locations with the proposed improvements. Up to two days of potholing are included in this optional scope (approximately ten potholes). Deliverables: Potholing Report (four copies) Assumption: All Plans, and Specifications submittals for 30 %, 60% and 90% will be in electronic (PDF, Word) format. One final submittal will be hardeopy. Mass production is not included as part of the scope of work. OTAMW Kimley >Morn 20A -18 TRED77007.17 I City of Santa Ana • 4/19 Research 1 ise Mapping LVA to NM NNIN y >n and Estimate WAWA f ms, and Estimate - WX 0 ions, and Estimate W 20A -18 TRED77007.17 I City of Santa Ana EXHIBIT S COMPENSATION Pee Proposal including hourly rates 20A -19 KimfeyI)Morn City of Santa Ana Santa Ana Boulevard and Sth Street Protected Bike Lane Project NPP No. 17.026 IUmaoe APN lv, mil ud, Pttlbol l'M]Jmdtloa apJ IWO, 1. 16 BE 10 110 5 41,8.W.W $ 81,686O Tt42 ®IIrMy 3 6 9 4p x 5 41,9M1B.W e lam— 59 S &YxO.W 9 09.4WW TCEk9 fxY01EMMapI II1VYYllbill tlb —a��_ 1 1 G E 9 EI,096Up x1 5 Y959.W � $ x9,855.W Tevkb NOeUIU NbeSalCI1 tlI1J UII111y CaNtllnallon d B �.. M 0 N1 $ >,SxOW I 6 1X,91CW Y�109 % AIAMp$ 1),$Y W Tadktl ICPeJYpy00Elb�l Ylalb �` tli 9E 1]p 816 3W 12Va ` f 191.9]4W 9 894gAL0 LEI i1T1Atl 110 pal MaJlflpe 1111 Plant 4 tl 00 65 98P Y69 ] $ SAMU$ 61tl $ 9xA. $ A0.W. Ti[k8 SII10,.08gPUq —A� 31 9 8 IM 91 8 $ 5.841]$ xY8 $ 3y935M $ tlb.81i YE iIAI U441 "NIUI11IbaUpP 9 A 168 —V 9P xi4 i dU S`�6tl,M5.M$ 60.49SW iasp {0' $11141010111 B .� SJ' M LO 1 IIE 9 iP,A]OPo $ xA.M . in eY 11 cY »i Fatlmuta _— e 6 lz —_ix 4ry 2Pµ 1 Li 4 iR]8UM E ss)W,a TPYA it ;;,Id11. �r�W �..�� 0 80 l9 S x,96nm 6 YbSa.W ftl tlA 18 bIJ PbYYbr i Il % fi:IBO.(0 $ 6,S86W YY al ld Cop aiNallaP PO Ya�_� —au 4 xi 19 »fi S6 x$fl $ Yib9LLW $ xi,$%AN Tp3p8N9UAA 33b 10, UA '`JYO td44 A%0 SPi iSAT 6 tlbUl $ EMI. $ xBpW $ b 6o S 6i a9U 6 xM Eeb E 1095W E S,6CD S it ms _— i a.xgU f xL6]s 9 515 )?p $ 61P (6b f }61W k) P x.i BI ��1 93 119 d19 13 _ a k PPE YI 6pgltl anlatlo of Moor tuo f lM 6 IMv, - -f . TAIAeMSY O. L- d 6Lii$!1 wamami S.CVeIw liU walwnf 5 zP.cpa �'� ';.TUUl5P5TlbItMW110NAL ItFMS � � �m �RPUPY 20A -20 EXHIBIT C CERTIFICATIONS 20A -21 Appendix ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CGRTII+ICNHONS CONSTRUCTABILITY REVIEW NON - COLLUSION AVIT AffU (`Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMEW OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made ¢t the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or share; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER, or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix, any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIT) DER has trot, directly or indirectly, submitted his or her bid price or any breakdown thereof! or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note. The abo e Non -c usron Affidavit is part of the Proposal, Signing this Proposal on the signature portion the eof s mall al 6 a n }8 ittute signature of this Non - collusion. Affidavit. BIDDERS are cautioned that malting a f sc c ztifip ion !pay subject the certifier to criminal prosecution, Signed State of California County of Q? Subscribed and sworn to (or alUrmo(l) before me on this (^sl day of 1 4t i 20L7, by proved to me on the basis of satisfactory evidenoe to be the person(s) who appeared before me.. City of Santa Ana RFP Page A3 -1 20A -22 I-MMA SORTt) 0 crsMM.rt2tnonya "NO > PPusLIC•CALIFOaNN 7l) OP2AN ©�' OtlUN'1'Y CI COMM.EXPIRES JAN.21, p Notary Public 9lgtlatUr'8li�u1'"9 City of Santa Ana RFP Page A3 -1 20A -22 Appendix ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY UVIEW The prospective participant cerfifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, drat: I . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person foruifluencing or attempting to influence, an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the malting of any federal grant, the malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. if any &rods other than federal appropriated thnds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of it Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". 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 malting or entering into this transaction imposed. by Section 1352,'ritle 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. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signs Title Vine President Date___ March 21.2017 Wage A3 -2 20A -23 Appendix ATTACHMENT 3 -2: NON-LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and subnnitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds 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 federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with die awarding of any federal contract, the making of any federal grant, the marking of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. if any funds other than federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal 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, grunt loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". 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. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all tower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. FirYn Fehr & Peors Signed and Printed Name: 'title Date 3/17/2017 City of Santa Ana RFP Page A3 -2 20A -24 Appendix — ATTACHMENT X -2: NON - LOBBYING CERTII+ICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant, certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person far influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the milting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated hands have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal 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, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation o'f'fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for snaking 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, The prospective participant also agrees by submitting his or her bid or proposal that lie or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Towill, Inc, Signed and Printed Name: _._.__c 1 ri • Dawn Antonucci -- - - -- Title Date 03/17/17 City of Santa Aria FFP Page A3 -2 20A -25 Appendix ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated fonds 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 federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress to connection with the awarding of any federal contract, the making of any federal grant, die making of any federal loan, the entering into of any cooperative agreement, and the extension, cominuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any £roads other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal 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, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of feet 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. The prospective participant also agrees by submitting his or her bid orproposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall ecttify and disclose accordingly. Firm_— ,Twinin Signed and Printed Name:.., Paul Soltis, PE 56140, GE 2606 Title Vice President, Geotechnical Operations Date March 20, 2017 — City of Santa Ana RFP Page A3 -2 20A -26 Appendix ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the hest of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid„ by or oft behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any fedeia] agency, a Member of Congress, an officer or employee of Congress, or tan employee of Member of Congress in connection with the awarding of any federal contract, the raking of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amcndntont, or modi ftcation of ary federal contract, grant, loan, or cooperative agreement. 2. If tiny finds other than federal appropriated fiords have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, n Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grantloan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transuction 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 falls to file the required certification shall be subject to a civil penalty ot'nat less than S 10,000 and not more than SI00,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that Ire or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. C Below tile. Signed and Printed Name: Title ChicrExecutiveorficer Date 3/21/2017 C,f >rou, Chris L.ocra City of Santa Ana RFP Page A3 -2 20A -27 EXHIBIT D NOT USED 20A -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: APPROPRIATION ADJUSTMENT AND AWARD OF CONTRACT TO CAL STRIPE, INC. FOR CONSTRUCTION OF GRANT - FUNDED BIKE LANES ON CHESTNUT AVENUE AND BUSH /CYPRESS (PROJECT NO. 17 -6611) (STRATEGIC PLAN NOS. 6, 1B & 1G) CITY-MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a construction contract with Cal- Stripe Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $84,875.40, for the term beginning upon execution of the contract and ending upon project completion, for the Chestnut Avenue and Bush /Cypress Bike Lanes Project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment recognizing a grant allocation by Orange County Partnership to Improve Community Heath in the amount of $108,750 into the Emergency and Heath Fund expenditure account for FY 2016 -2017. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $108,750, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $11,142. DISCUSSION This project consists of the installation of Class II (on street) bike lanes on Chestnut Avenue, Bush Street and Cypress Avenue (Exhibit 1). The proposed bike lanes configuration (Exhibit 1a) are consistent with the City's Bicycle Master Plan and will extend and connect to existing and planned bike paths. The proposed bike lanes will improve mobility and safety of bicyclists. These improvements are being funded by the Orange County Partnership to Improve Community Heath (PICH) grant. A Notice Inviting Bids was advertised on February 17, 2017, and February 22, 2017; bids were opened on March 13, 2017. The following is a summary of the bid invitations made and the bids received: 20B -1 Contract Award For Chestnut Avenue and Bush /Cypress Bike Lanes project May 2, 2017 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 1 Contractors requesting bidding documents 10 Bids received 3 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Cal Stripe, Inc. Colton $84,875.40 2 Chrisp Company Fremont $87,822.84 3 Superior Pavement Markings, Inc. Cypress $94,426.53 A total of three bids were received and all were considered responsive. Cal Stripe, Inc. submitted the lowest responsive bid in the amount of $84,785.40 (Exhibit 2). Their bid is comparable to the Engineer's Estimate of $151,043.10. Staff recommends awarding a construction contract (Exhibit 3) to Cal Stripe, Inc. for the Chestnut Avenue and Bush /Cypress Bike Lanes 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) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016 -163 was filed for this project. 20B -2 Contract Award May 2, 2017 Page 3 For Chestnut Avenue and Bush /Cypress Bike Lanes project FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of this project is $108,750, which includes construction, contract administration, inspection, testing, and an authorized contingency of $11,142. Upon approval of the recommended appropriation adjustment, $108,750 will be recognized from Orange County Partnership to Improve Community Heath grant to the Emergency and Heath Fund expenditure account (Account No. 12217600- 62300, Project 176611). The fund will be available for expenditure in Fiscal Year 2016 -17. Fred Mousavipour Executive Director Public Works Agency FM /EWG /TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 411W - r�- SANJA J I f I '�j T 4TH �;T jRf-j wT it l Exhibit I SANTA ANA City Council Project No. 17-6611 Agenda Date CHESTNUT AVENUE AND PUBLIC WORKS AGENCY MaV 2, 2017 1 BUSH /CYPRESS BIKE LANES ppfjiw, I T k�, F-7 <L 7 H F Exhibit I SANTA ANA City Council Project No. 17-6611 Agenda Date CHESTNUT AVENUE AND PUBLIC WORKS AGENCY MaV 2, 2017 1 BUSH /CYPRESS BIKE LANES ppfjiw, rI- 5' Sidewalk / SHrIiA Figh City Council ■ ■ Agenda Date May 2, 2017 5' 6' 10, 10' 6' 8' '10' Sidev Bike I Lane I Lane I Bike 1 Parking I Parkway I CHESTNUT AVE Project No. 17 -6611 Chestnut Ave and Bush /Cypress Bike Lanes Exhibit 1a 20B -7 ri- CITY OF SANTA ANA REBID PROPOSAL EXHIBIT 2 PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sums) set forth in the following schedule: Item Description Qty. Unit Unit Price Amount I Install White Turn Lane Line per City of "2" 140 LF L S.A Std, Plan No. 1 12513 -1, Detail 2 Install 6" White Lines at 45 degrees at 20' 7$ LF O.0 4 Install Double Yellow per City of S.A Std. "4 ". 419 LF $ 7 $ 1P YT S Plan No, 112513-1, Detail 4 Install Two -Way Left Turn Lane per City "5 ". 240 LF $ $ 6 0®, vo of S.A Std. Plan No. 1125 -B -1, Detail �, ©' 5 install fellow Center Line per City oi' S.A "6" 2435 LF $ yy $ Std. Plan No. 112513-1, Detail 6 Install Bicycle Loop Legend per Detail "L'% 17 i EA $ [if0rvn $ 7 Install Lane Line Extension per City of S.A "S ". 223 LF $ �.+� S t,` $ t S S0' Std. Plan No. 112.58 -2, Detail .� !� S Install or Refresh Street Legends, Arrows, Bike Lane Symbols. tit EA ,QC. and 9 Install Bike Lane legend per Detail "A" 1440 SF $ $ (Green Epoxy-Modificd Acrylic). '"' ,j'yv 17a,C'0 10 Install 6" Bike Lane Line per Caltrans Sid, "39 ". 4071 LF $ $ b Plan A20D, Detail . v ri p e too 11 Install 6" Bike Lame Line per Caltrans Std. 3601 LF $ Plan A20D, Detail "39A ". 12 Install Bike Lane Merging Area per Detail "R" 3240 SF $ °j $ "�{�, (Green Epoxy- Modified Acrylic). ,-� l( 0, c, 13 Install 4" White Edge Line, 4104 LF P -1 of P-39 20B -9 CI`T`Y OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSHICYPRESS BIKE LANES FAID#: U58DP005861 Item Description Qty. Unit Unit Price Amount 14 Install Bike Sharrow Panel per Detail "S" 1080 SF $ $ and Detail "A" (Careen Epoxy-Modified l., „("/�^ 'll"7,yy� 0c, Acr lic). 15 Install New Sign. 40 EA $ $ 16 Remove Conflicting So iping. 5472 LF $ $ 17 Remove Legend. 43 LA $ rGG� $ " V( c 18 Install New 2" Square Steel Post and Sign City Sid. Plan 1504. 25 EA $f $ t vo, 0D per ot'S.A 19 Install 12" White Thermoplastic Stop Isar. ]so SF $ (( jebl''✓ $ iWV9G!� —f 0) htstall Type " Q" Bike I.anc Loops per _..— Detail "B" Modified Coltrans Std. Plan ES- __.. —. I -- EA $ � (��,�� 6 0,7, 0'p 5B. 21 _ Install Circular Type °D" Bike Loops per 21 EA t7 � "� �j D' 00 Caltt'ans Std. Plan E8-5B. r --- 22 Install Fog Seal —uW — 13696 SF $ e ' $" 'to TOTAL BASE BID F W YI W ? S, q-0 P -2 of P -39 20B -10 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861. The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. } This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within thirty (30) working daU after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm Signature of BI1 Title (If an individual, so state. If a firm or ao- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P -3 of P -39 20B -11 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAID#: U58DP005861 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to 'furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; othenvise said funds, check, diafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bird is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of BIl Title (If an individual, so state. If a firm or copartnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) P -4 of P -39 20B -12 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: IJ58DPOO5861 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under 'penalty of perjury that he /she and all His/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: Business E -Mail Address: Telephone: State Contractor's License No. and Class: (M j!6_4 License Expiration Date: f State Dept. of Industrial Relations (DIR) Registration No.: A ocrco \\ State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: —_ _. -- Title: P -5 of P -39 20B -13 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq„ as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harniless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of Bl1 Title DIVA Yrx\ f—in h 00C:=_ (if an individual, so state) P -6 of P -39 20B -14 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAIDM U58DP005861 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUN'T'Y OF ORANGE I SS: �CITY OF SANTA A,yNA J • 4n�.+ . being only mvoru, deposes and says: ❑ INDIVIDUAL Thai be /she is the party making the foregoing proposal: []PARTNERSHIP That he /she is a member of the co- partnership Finn designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- parnership by: who constitute the other members of the co- parnnership. � -- ORPORATION That be is of: a coglointion which is making the foregoing proposal: ❑ IOINT VENTURE Thai he is of one of the parties making the foregoing proposal as a ,joint venture, and the he /she has been and is duly vested with the authority to execute instruments for an on behall'of the parties making said hid who are: that such a bird is genuine and not collusive or chain, and has not in any planner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. C'_7 - �__ Signature of Bidder Subscribed and sworn to before file this _ day of Q Oath (Notary Public) A 00181, p1 aLC or other olOCer Mm010pny 10u WOrIRatP, veuL9 §only lira ItlBrilily OY a16111 rtIV10lINl mmS'9riW fhb f10LUn100110 W thr''000'.R, B911 ®ChUtl. xntl nVl lire inflhYUlness acctm, or aha ty of that 0acunrnnl State of California. countyof,55AAwa IMLbUA Wood Subscribed and sworn to (w- afamatil) before me on tma , n day of_MAk.t`1•f +9611 .by...S� FL1 CT?6� proved b me on the basis of satisfactory evidence to be the persori who appeared before me Signptur � _iseai) P -7 of P-39 20B -15 '^ f.KiRRAtlNE MANZANARES Comm.12151dp9 �, m 1► NotayrPyplic =Californllen Sstt iRrftErdlnm Cou nty-° Comine, Egdres May 27, 3020 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIDE LANES FAID0: U58DP005861 I£NOW ALL PRESENT that, Cal Stripe, Inc. as BIDDER, and Liberty Mutual Insurance Company as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of Bid Amount Dollars ($ l0% 1, which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be mill and void, otherwise it shall remain in full force and effect in favor of AGENCY, IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 6th day of March -12017. BIDDER" Cal Stripe, Inc,, 2040 E. Steel Road, Colton, CA 92324, (909) 884 -7170 Steve Feener, General Manager, 2040 E. Steel Road, Colton, CA 92324, (909 ) 884 -7170 SURETY* Liberty Mutual Insurance Company, 790 The City Drive South, Suite 200, Orange, CA, (714) 634 -5712 Maria Guise, Attorney -In -Fact, 1301 Dove Street, Subscribed said sworn to before me - — , 20_ Signature: this See attached California All- Purpose Acknowledgment - Notary Public in and for the County of , State of day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative, P -8 of P -39 20B -16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § I 189 I A notary public or other officer completing this certificate verities only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On __ MAR 0 6 2017 before me, Heather R. Saltarelli, Notary Public ME personally appeared Here Insert Name and Title of the Off cpr Maria Guise Nameis) of Signals) who proved to me on the basis of satisfactory evidence to be the person(z) whose name( I;il is/am subscribed to the within Instrument and acknowledged to me that fwshe/tkft executed the some in bWher(tMauthorized capaclty(ia)f and that by kIii/her/thttksignature(sil on the Instrument the person(s), or the entity upon behalf of which the persorts) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SlgnaturJ�_ Signature of Notary Public Place Notary Sea/ Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ........ ..... Docurnent Date. Number of Pages: Signer(s) Other Than Named Above: Capacity(hes) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s). Partner — Limited General Individual X Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing:. ....... . . Signer's Name. Corporate Partner — Limited General Individual Attorney In Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association - wvvw,NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 20B-17 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. 7496142 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation dulyorganized under the lawaof the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the °Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Heather SaltarellP James A Schaller Jeri Apodaca: Kim LUU• Maria Guise; Michael D. Parizino; Rachelle Rheault Rhonda C. Abel all of the city of Newport Beach , state of CA each Individually If there he mare than one named, Its true and lawful attorney -In -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations; in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed theretothis 20th dayof September .2016 yNp rn.rd y1v INSUP m s gq w5c;k American Fire and Casualty Company w ; oP xru x oP v e,z a w, ror The Ohio Casualty Insurance Company Liberty Mutual Insurance Company a 7906 ri o t`Jt9 "' 1912 P 1997 West merican Insurance Company s r STATE OF PENNSYLVANIA as David M. Carey`Assismnt Secretary COUNTY OF MONTGOMERY On this 20th day of September 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casually Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained, by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed in name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 5P pAer COMMONWEALTH OF PENNSYLVANIA W✓ o`orvoNwere 1�f! arterial Sa'tl yW v Teresa Psstalla Notary Publir. By: - Publicer/ Plymouthsion E:dontgamery County Teresa Pastella, Notary Public v Imny commission Expires Marcir 7n, 2n/7 p'„...)ei Momber.Pennsyly nia Assoelationof Nolories W an This PoWerofAtlomey is made and executed pursuant to an by authority of the following Bylaws andAuthorizatians ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full face and effect reading as follows: ARTICLE IV- OFFICERS - Section U. Power of Attorney. Any officer or other official of the Corporation authorized forthat purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge: and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -In -fact, subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto . the seal of the Corporation.. When so executed, such Instruments shall be as binding as If signed by the President and attested to by the Secretary. Any power or authority granted to any representative or atorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All- Execution of Contracts- SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge: and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. Such attorneys- in-fart subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant 10 the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -In- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,, bonds, recognizances and other surety obligations. Authorization -By unanimoua consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced sigiiaturo of any assistant secretary of the Company, wherever appearing upon a cerlifed copy of any power of attorney issued by the Company In connection with surety bonds, shall be valid: and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W, Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company; Liberty Mutual Insurance. Company, and West American Insurance Company do hereby acuity that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is In full force and effect and has not been revoked MAR. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this M , day of AR C° ra 2017 7 __, 20 Poe GnigG O�' (00 5i /.q,!r+n;�� 91 y' Gregory W. Daven ort, Assistant Secrete r. B P r1' „� 153 of 500 LMS 12873_122013 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 1.7 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 LIST OF SUB- CONTRACTORS Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: ' /z% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: ' /? /o of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name ,k,C, Name License # /Exp. yS2, %YJ +mf3ajZvl License# /Exp. DIR Reg. # /Exp. DIR Reg. # /Exp. Location 9 *G';.E.-r 1 S?,b,,teils ` A+Location Phone ( ?t4,) Pep— 44M, Phone Type Of Work T' fPlc y'eltck' i. 2fj Type Of Work Amount $ i 0, t!— i o. c'C Amount $ Name License 4/Exp. DIR Reg. 9 /Exp. License # Location Phone Type Of Work Amount $ Name License t# /Exp. DIR Reg. # /Exp. License # Location y_ Phone Type Of Work Amount $ S nrure of Bidder Name License # /Fxp. DIR Reg. 9/Exp. License # Location Phone _ Type Of Work Amount $ Name License # /Exp. DIR Reg.# /Exp. License # Location Phone Type OI'Work Amount $ P -9 of P -39 2OB -19 CITY OF SANTA ANA RFBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSTI /CYPRESS BIKE LANES FAID#: U58DP005861 The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1 3. Name and Telephone Contract Amount Typ o Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. (01ct --c"-y- 1254 a q P -10 of P -39 20B-20 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DPOO5861 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for TIiREE, public agencies for which the BIDDER or Subcontractor has performted similar work in the past five years. 4 Address of Contract Amount owner, Name and Telephone Nun nco on Contract Amount 3, CUL Na e a sd Address of otk r uar uatn project, of Work Date Completed Date Completed Name and Telephone Number of person familiar with project. Contract Amount Typ Work Late Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. P -11 of P -39 20B -21 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham.; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communications or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California t of Subscribed and st or affirmed) before me on this d 20u, by ---nroved to me on the satisfactory evidence to be the person(s) who appeared before Notary Public Signature A notary public or other olfielf completing this cerhM1cate vae0a only the Identity 01 the indlmduel who slgnad the document to rM on this caarlcale is altemled, 00 not the lruth fulness accuracy or validity of that document Stele of ealifornla. County of ZAW 0 CA HA 4,15 l A SWbectibed and sworn to (wKaHimteU) before me on thl day of MA ltd' pF o�,p 1'7 _by. �v ( FLE l.1G% proved to ma on the basis of satigtaetory ovldenee to ba the - ...... personir8 who ApMared before me Signature (l Notary P -12 of P -39 20B-22 40RRAINI ALAN A2 NANES Comm'. *2151609 Notary pp@16G. Calliligpi a'n� San Barmarrjdob County" C6mm. E rplie; INay 2` 20]0 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & 13USH/CYPRESS BHa LANES FAID#: U58DP005861 NON- DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the noes, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regrdations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided bylaw. P -13 of P -39 20B -23 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO,: 17 -6611 CHESTNUT AVE &c BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 The Contractor shall include the portion of the sentence immediately preceding paragraph (I ) and the provisions of paragraphs (1) though (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public wmrks because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed:. "- Title: Firm: Date: _ / a P -14 of P -39 20B -24 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861 STATEMENT REGARDING APPRENTICESIiiP REOUIR.EMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. 0 Signed: D , A Title: (r +i^own\ A*jyw ' r Finn:,1��, Dare: �o0'i P -15 of P-39 20B -25 CI'T'Y OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAIDft: U58DP005861 STATEMENT REGARDING "ANTI - KICKBACK" REQLTREMFNTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti- Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: ( , A& P -10 of P39 2OB -26 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local goverment project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. P -17 of P -39 20B-27 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (FORM FHWA -1273) The undersigned, is submitting this proposal for 'performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA -1273) as shown in the appendix of the Special Provisions of this project. Signed Title Firm Date ) ✓ i o P -18 of P -39 rl- CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BI1U-, LANES FA1D #:U58DP005861 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The proposed subcontractor _ �{ _, hereby certifies that he has V, has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, '11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President",.; Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt f om the equal opportunity clause are set forth in 41 CPR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract on' subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CPR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Signed Title Finn Date Moll P- 19 of P -39 20B -29 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 PUBLIC CONTRACT CODE SECTION 10255.1 STATEMEN "T' In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares underpenalty of per jury under the laws of the State of California that the bidder has _ , has not been convicted within the preceding three years of any offenses referred to in that section, 'including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of', any public works contract, as defined in Public Contract Code Section '1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The 'bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a ,false certification may subject the certifier to criminal prosecution. Signed Title Firm Date 31to P -20 of P -39 20B -30 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID#: U58DP005861 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been 'issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a'false certification may subject the certifier to criminal prosecution. Signed Title Finn Date ) I l aa', P -21 of I' -39 20B -31 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17-6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAiD#: U58DPOO5861 TITLE 49 CODE OF FEDERAL REGULATION. PART 29 DEBAR.hv FNT AND SUSPENSION CERTIFICATION The bidder under penalty of poiju y, certifies that except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judginent rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space Exceptions will not necessarily result in denial of award, but will be considered in determining bidders responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Signed Title Firn Date 3A,117 P -22 of P -39 20B -32 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID#: U58DP005861 NON- LOBBYING CERTIFICATIONF FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated fiords have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal 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 of Lobbying Activities," in accordance with its instructions. 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, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients shall certify and disclose accordingly. Signed Title Firm Date ! 1 • Slandard Form LLL may be obtained fi-om Caltrans and FHWA offices. P -23 of P -39 20B -33 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17-6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAID#: USSDP005861 DISCLOSURE OF LOBBYING ACTIVITIES M14 DISCLOSURE OF LOGRYING ACTIVITIES Apploledb),OMB Complete this form lodisolcaq lobbying actiolies Pursuant to 31 U.S.C. 1352, MWOUS rS». '.. ev suktut. fn,,rmm&.n1oAur.A Tfyp. o17*dend Action. 2. States ofFedenat Actiam 3, Report Type: a. nonlrack & bidmoorlapplic"M a. in" filing b, want it inita3"ard b. material change 0. cooperative agreement c, poslawacd For Material Change Only: d. loan Year — quarter a. loan guarantee date of last report 1. low Insurance 4, Name and Address of Reporting EyAdy: me ❑ pow 0 autowant" and Address of Prime: Mar— ff0moom: ConoressionA District, itknown: compassionall District ff kMW2: G. Federal DeparteventlAijamly: 7. Federal Program MamelDescription: CFDA fhwtb m, Wwoft-We g. Federal Amino Number, ffM~a ff. Award Amount, Jfknulrn: W a- Name and Address of Lobbying Entity b. Individuals Performing Services thatudwy address W (rNrldmdual. tul name, firsl Mxma. Mly '" d4went 60 NO. 10A) I (tastname, Swsfmrma, xfl): (afta, c%otftftQvM Xl W-LUA lr?Aarn . .. ....... .. ........ . ........... 11. Amount of Payment {check all that wjr0y): 13. Type of Payment (du k all Malappiy): S. schal 0 Pulsed L) & Mul"ar --- 0 b am-11n,*nse t2. Fain of Payment (shack aA -- — -;;- 0&pasts odconflopeoll" oa,IrAlld;spovlv: 0 0, doe rod value El I other. 14. Brief Description of-Senhoes Performed or to be Performed and Vate(s) of Service, moulding officertsf, empit,yeels), or Memberfs) zontamed, for Payment Unheated in Item I i: t a ftd) Om A wA W we 4 a) -F t U A .Vaez@sSaPYf 15.,Contmusbon Stmells) SFA-LLA allachod: Uval, hl, .,n Signature: ,,m F1dvl Name: Mile Telephone Na: Date: kv IAG3I Reiaoculmn M LLC (M., 7A71 P-24 of P-39 20B-34 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES PAID #: U58DPOO5861 INSTRUCTIONS_ FOR COMPLETION OF SF -LL DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETION OF SF-IM- DISCLOSURE OF LOBBYING ACTIVITIES ttes iibckrueee r4rm Fire ewnFB%feHUy me f[jrwcegvntry'. k£�%ea Sere reindu 1p> t at ow lmuauntt # lIiwit of a aRn+Metlfediaw xtlM,9ramat2tkNrJlanej+. kaapre!rkxksicia9. ¢iUewSaNSlke t47e 39 U!. °C. pn i352711,luNyeraim,%Tequerimial eadtpaYtt*Mm a�rastw¢mfn MaY/t nvetwnfNarevtmvmonmwv rror lrmiavxtimrr aimmilwveb tMLLCxap aroaMem w %mrlme %uranwaa4uX.am mLeraP CenRM1Y are timid ar enwlumme tv cpax en me um is metle40 C x pwk A'+ idid w Stag appy or poN me wmwt" and mmemn geetswd 9Yyme same m' mans "ea", Nr aYeettaWlltnunwvEOre. i. Ylemtty me Ekpear Gntereq Fausr,N actlen tOTCwTwsW iL^LxY/SI"3 a =uMl4y Ag atllt'Mfia508kn Y%ckReq tnmmtr�ce #rR tt1{L!'.ine eta mra+sa FedeYd a2VaR 3. 4uW111ly VIE rams IX'4F4 fA'+91PxUrmer»d a'X1CX? 5. T 3Re dIT.;iSMMttYj Ste TM�t t!f IbYPo d GMC%i °",.W8NNb44. "91Yafi %M1ffiT fll@ llk !IdM1:e. a;54[%6. Liz. S "LYe :i11tl Yq= W.Y%Ue Siw Pn[nt+ Y'POE+dI a IntlWe Cnnc}�,5nN1aa OtRirXG tl bYawn¢. 5. Enk+T m4 M13nE W mk F%tt%rAagan'ymHRYngttre i9A6r81[X'i6Y1 YJfYMIV'M1PfR keaWkfaa4 Mafrt OA44Yf�. YZN6tlti1kUE14E16W d�HICi 1l3MB, E YJ{MNd FCY exarnEbe, CJttnwm ntirarfSpCPdeTMA iwtktW %�wECi,a:[ J. Enter mE PMM31phYljt"dmt4ame%r T1E6cT'UekedTUr bra 4ax'u%r%tlrzefeJa . drfLae k's%n'.f ay D Lnh�wn.£ne%f SYe 6W L`.'patIXJU FG 3etM IXmMS%k; A64!E.Nb:x. (CFiil1 ntrnbwl Tertp'dnlb. weF.+STauwe ag8Cms4 #aazt4 an@ h'a3nttivrMUrmrcs. 9. Elver ttK r a ajtAts) ta& F ,. gk e8e15YA'ifr9 nutter ai31:V *e CRe t ,m. g m, da IH' I zuIm m Y Ee.g,.. RCgn6i1 YOT Pnx?usalgRFT>fl nu'n9s%r. anHtuMn Ttr 8w gfFep rnurwer; gram armcemrreTntm merncaa; ilre umtawx. cyaN, m xra» :aaara +wrttrer, nN aF'Idkwi11m1TT�amcuntf� erunereT assv,,evby me Fe w agerwy) Inatme pwAxes. e.9.,'2iFA,RE 9aiiIIb' 9. FIX.a tlYnel%tlfetlwi"w atYfun MlkrPmet%itaa d9ean.an auamwsaine&cn+nxwrsx'ttM'meRvai aga+e,y. sxvlerara ttt9era amawn iR fire awar6fwro wrrnrdknenticv th i>mTK entry tgerRtt%dm 3ktn4 or 5. 16. 43)ESIIet'BI %iWl Lean @.3WJiti6. CkY. hYaiB W1i �p CAl829C"TR #dLTTjFlgeb'reY"e<><l'`uietl fi/mw m� 9YIllY5' ItId11I11@tlln Item 3 tk trllflanP.R iPL CO»@T2D lb)twwmetldl mm�*I"Is#vwl"lxi pexiamnm serwit". a vlmtme Oil Wdraia vamimi tkmn 40 Oa Em. I iasl Name. PNw.f ntamw, add MIYF%e UdYallRil}. tt. Enlee Utn anmurlotemlp %ns'6furpatlnr rc a+iCak+Yex�pm rvle.n�mbaepaktanfineaw wUrey xr+tayll nTaJmm%rcru51 3emmPduen ren). 1n, Zxe+Nremsr ❑fe pta)vramllsM 0e2T1 Citialle ta:Ati'fl }Tk nYb lx tmAtM p.- .�.. -.} CNak a3i flnn[4 M.'d aFq«y. S th5 K a malebm falaibn /Cj!MC, enter 1Y+6 WmltSh?e atilenmflarpikment rrapz m ptarnlstl SatiCwrtatle. 12 CYYN:k%Ip a}T#TayM1reletWx(e6).f'ilE % f.1 m filhat arpl y 3oMa.am dw ne an4I wm-ce aw, In -iom jHymH9. 13. R:blunk me amcp(mb, waes). Cneek al eyes final ap."IY rLLLw name. 9d_dmX.A$a4wjr4&YJ tlErenLk'iYL1aYL'Y : rrkNYi'd i,,, 4Ak4Y5k'k5b,Mgaa MWWdmi pdyd'!Itt"e.MNik W,2T$�WRS44fJ FeMM &ftl the ailam3W 3YY imd,R6 remwaI.I1Cn,mas}Mewatcgarm YBww at'uwy,nbi}Ibi Orw, 3y'eitr. It. a.MW9! Cb4e NMfi fm*Iit b':falw 1l vvey" F hiMdl'0xw..*,0di %rnpopeZean c a ere cnL:m7ay, empoypaw, vimgv 4se eweuiTaw lnat w.tR'e wadmt I5. CIM1xt% Wr,C W,T tlr I'd a SF41kF CVYWR xlGn'J1:QflG, IS aE� is. iha "Mry" vtf"mvt nlgn and 6';ie tpvtxm. pItan ~ a v,, Ed*, a"tlJaVxi8t4'YI% num *, TkY131pk1 1%4'41jM:MVlYR4'WIRS�AALt. J& d"M1ShSK'4 efn4>Fr�58143Y4NMiMn +%NQ�ffie A &ni}ECaIXf9i 9tfC*e1ip9Yd9MV1P651I8ebk'1dSY 8 vdlldiNl4g CTaYI!%{ t1ET. Yree rya 01:8 IXXtbM num9� rear it# GrR(wrnatHxh C»IMBNn 4 zAW@ Oka p3i*1ii4tt6. finU1C mF'm'Glbd LWr.1EZl idr ftAb tfi�1Ym 4Y IsKfimaLania xJteato aYerayc3Lr mnraes P%r respsrnse, axlutr>ig e� ra uvtexwnq�nsmuTF✓ss. aea¢txng exlzttTg aaLi swmes, gacbenn3 ana maMarmngcM1%etrea MII, arm 4IierJrg �6 2+ACAin9T% tkwr M isflttnsaVUf .,e*uY ammr,rals 5C'g 21e burmm 2bt/ntiie at' anY Mt✓9 abpeut of ?'nts vk9csY2u1 cd 'Cr1.4rGflNreT!3 6tlgryeWlag fIN n=wxrcr} Sari 4trU*R. YS YM CX*^.4 se 4Tar+a9amznCaM &kFYt, sapsavrxtFd2fliRilrin FhUfECk (9&d9'Jfkiah M1 "taSfbnriv�v!,. P -25 of P -39 20B -35 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17- 6611 CHESTNUT AVE d BUSH/CYPRESS BIKE LANES PAID#: U58DPOO5861 EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2, Contract DBE Goat: 0% 3. Project Description: Chestnut Ave & Bush /Cypress Bike Lanes _ 4. Project Location: Chestnut Ave from Cypress to Standard, Cypress Ave from Chestnut to 1 ", and Bush St hom 1 "to Civic Center Dr. _ 5. Bidder's Name: C r't 1 S�7of `tbi , 6. Prime Certified DBE: ❑ 7. Bid Amount: _ °j `4'D 8. Total Dollar Amount for ALL 5oboontraotors: Yi a g-jo- a 0 9. Total Number of ALL Subcontrectors: i 10. Bid Item 11. Description of Work, Service, or Materials 12. DBE Codification 13. DBE Contact Information 14, DBE Dollar Number Supplied Number (Must be certiFled on the date bids are opened) Amount ii i _ ._- ....._..._ __._.. ._.....__...._....- _.- .- _...... ..... _ .... _ ..... _.._.- - -- --i i Local Agency to Complete this Section 15. TOTAL CLAIMED DBE PARTICIPATION $ 21. Local Agency Contract Number: v — 22. Federal -Aid Project Number: U68DP006861 / 23. Bid Opening Date: March 13, 2017 24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective Itram(s) of work listed above must be consistent, whets applicable with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and Information on "Subcontractor List" submitted with your bid. Written confirmation of this form is complete and accurate, each lis�tedd DBE Is required. t � >r1 % 26. Local Agency Representative's Signature 26. Date s 16 "rep Si nature 1Z. Date rep re t, a (9oi)�f�-7t3c2 27. Local Agency Representative's Name 28. Phone 187 a Name 19. Phone 29. Local Agency Representative's Title 20, Preparer's Title DISTRIBUTION: 1. Original -Lunal Agency 2. Copy- Caltrans District Local Assistance Enitincer (I)LAEt. Failure to submit to DLAE within 30 Clays at comract cxconion may result in de- obligation of federal Cards on oenbact. Include additional Copy with award paeknge. ADA Notice: Far Individuals with sensory disabllliles, this document is available In alternate formats. For information Dail (916) 664 -6410 or TDD (816) 654.3880 or wrlie Records and Forms Management, 1120 N Street, MS -89. Sacramento, CA 95814. L Local Agency: 2. Contact DBE Goat: P -26 of P -39 20B -36 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID#: U58DP005861 INSTRUCTIONS — CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement, 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc), 5, Bidder's Name - Enter the contractor's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total i contract bid dollar amount for the prune contractor. S. Total Dollar Amount for ALL Subcontractors — Enter the total dollar amount for all subcontracted contractors. SUNS = (DBEs + all Non - DBEs). Do not include the prime contractor information In this count. 9. Total number of ALL subcontractors — Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non - DBEs). Do not include the prime contractor information in tlris count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe dre exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subeontraot'od contractors. Also, enter the prime Contractor's name and phone number, if the prime is a DBE. 14, DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DEE. See LAPM Chapter 9 for how to count full /partial participation. 15. Total Claimer) DBE Participation - $: Fetter the total dollar amounts entered in the "DBE Dollar Amount" column. %; Enter the total DBE participation claimed ( "Total Claimed DBE Participation Dollars" divided by item "Bid Amount "). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15- H 178E Information - Good Faith Efforts of the LAPM), 16. Preparer's Signature - The person completing the DBE commitment form on behalf of the contractor's firm must sign their name, 17. Date - Enter the date the DBE commitment form is signed by the contractor's preparer. 18. Preparer's Name - Enter the name of the person preparing and signing dre contractor's DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 20, Preparer's Title - Enter the position /title of the person signing the contractor's DBE commitment form, LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number of identifier. 22. Federal -Aid Project Number - Enter dre Federal -Aid Project Number. 23. Bid Opening Date - Enter the date contract bids were opened. - 24. Contract Award Date - Enter the date the contract was executed. 25. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate, 26. Date - Enter the date die DBE commitment form is signed by the Local Agency Representative. 27. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the contractor's DBE commitment form, 28. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form, 29. Local Agency Representative Title - Enter the position /title of the Local Agency Representative certifying the contractor's DBE commitment form. P -27 of P -39 20B -37 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSHICYPRESS BUCE LANES FAID#: U58DP005861 EXHIBIT 15 -H DBE INFORMATION— GOOD FAITH EFFORTS DBE WORMATION - GOOD FAITH EFFORTS Federal -aid Project No. U58DP005861 Bid Opening Date March 13 2017 The (City /Countyf) Santa Ana established a Disadvantaged Business Enterprise (DBE) goal of 0 % for this project. The information provided herein shows that a good faith effort was made, Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Dates of B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates P -28 of P -39 rI- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17 -6611. CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DPOO5861 REBID C. The items of work which the bidder trade available to DBE firms including, where appropriate, any Breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items M Of (Y /N) Contract D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and to price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and ,phone numbers of firms selected for the work above: E, Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: P -29 of P -39 20B -39 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17-6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAID#: IJ58DP005861 F. Efforts made to assist interested DBEs in obtaining necessary equipment, Supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method /Date of Contact Results /4 H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. P-30 of P-39 pqplj- l CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17- 661.1 CHESTNUT AVE 8r. BUSH/CYPRESS BIKE LANES PAID #: U58DPOO5861 EXHIBIT 12 -B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON -DBE) —PART I PART The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 ol'the Standard Specifications and per Title 49, Section 26.'1 1 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Lows Assistance Procedures Edmund Exiubit 12 -B Bulder•s List of Subro tdrnckin (DBE and N'DN -DBE) Exhibit 12 -B Bidder's List otsubcontractor (DBE and Nion.DBE) As of March 1. 2015 Contractors (and sub- contrwors) wishing to bid on pirbiw works contracts shall be registete d tvah the State Division of l utnstriai ReDuons and eerti6ad ra bid nn Public bYorks wulraet5. Fiance register at: 3rttox�ilina. dir. Ca. ROV/ PW< RJArtianSetvlzt? netipn =clisDIPYPWCReRi,tratipnt�orm Lt nccordance udth Title 49, Section 26.1.1 of the Code ofBederal Regulations, and Section 4104 of the Public Contract Code of the State ofcntifarma. as nmertcied. die following infornuoton k required for each subcontractor who will perform work nriwnmarg to more than one half of one Percent (0.5%) of the Total Base Bid or $10.000 (wbichevcr is areamtl. Plratncein this forin for Additional firms. Sukoutrectar Name and Lordlon Line Item D Den'lptimt sWxonttact Amount Percentage of Did new, Sub- contracted Contractor License Number DOE (Y /N) DOE Cart Number Annual Brass tteceigts DIRRe Number Naam'Trra tC y,,., ,J' e, t r Y' — j% ovex )Zi m City, state; 14 ftoii i+ <w5$l5 tl irgiliiotan ¢$15 mountn , Ago of Firm; Yrs. Name: <$1 miltan $5 mlDian City, state: c$lonstron s$15 mllnon Age of Fran s. Name: *$1 rather' - -c55 m_igon - -- r$1D miilinn City, state "$15 miilfan A e of Firm: n Name; ..' —`—` e$l million _ L—j <$s million —cry, State: —.. —� -elo million <$i5 mgiiun _ Age of Fries yis. _ Name: <$1 mllnon $5 mlihon City, Statel <$10 million 1515 W il'on ..f Fran: _ yrs. Name: —'— " —. --, <$5. Halton — ..___.. aj, rNi6inn 1$1D mYan My, State: *$15 million of F nw DiStritutinn: l)ctriginal-Lo vl Agency His 2jCOW61 -AEwj Awaidaacksge 20161 P -31 of P -39 20B -41 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: '17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAIDU: U58DP005861 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the following: The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating pi -inne contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to tine prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. Signed _ � I "Title Firm Date .j / I a P -33 of P -39 20B-42 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE &. BUSH /CYPRESS BIKE LANES PAID #: U58DP005861 EXHIBIT 1C> -B - SUBCONTRACTING REUUE'ST Local Assistance Procedures Manual ,Exhibit 16 -B Subcontracting Request <t;n'IA44:TJA:tihTtEj� (' «p'' C C4L'MTrye' R R,i+t.7E �r GyE; p4r h C6'✓,vi7 Tfzzil C'fY/�XMD TA 11 f', ,( z zip Cror'sry F FW IL -Am PTd�a)p7NLwEM SL'ECOPTFAL:OR H HIP Iml p pcmmE AGEOE C CHECt:@ C CIE'k:TaEBNQFX D DOLL* AMMri 'T SA:.EU ON L U U d - -Fai t L.ategalies 2..�p243aIt$, d;. 19t tl NI ,itl 1Mt11.@ 4t I dPY I certily that:' �- 1Yle 5fllvtarli Prw�'clons (ar labor set furtli in the contract apply to the �xdxmatrncteatwark If applrrable, Foun PHG\' A- 2273 of the Special Pravioiun. dace Ueery aaae ted hl ttu :ubccntra:to ward r6ould tx ills rpmated in any ieweT -tler mtumrtrad. Writtm contract, have been awL%itM for the above:. Wd Muhcca tiactM work Tlu;:ecfivnrs tutx ecc3ySeYedtn• Ile mWnt al&i0m t- TOW atiNdlrr- 2. 5po.-tattrttmr prenowh,applovled (it kvpbmbk, W::otc Ili the acumcttmu) .,. ipKMbyttene 4iusrequet(if app ➢casb7a. cue h;otem tits vl;tmctime) 4 row ftvn 2 -3) S. C'mai€aetnr lntusi perfavmx north evsvn fWer(Cust,l minnsd) X G. Biditelnl}xc�iau=dr-rAi/xcu ected ,_ Eidf�nv.utx:xJS.m�:m iltw[ecpuet) t. Helazree fa•.vzkccntroaar to s.. fruul(Ibus l corm•° AMoied.. P -34 of 11-39 20B-43 8 p I, 1 �J®,a 5 _ If IS. Page I of 2 July 2016 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861 Local Assistance Procedures Manual Exhibit 16 -B Subcontracting Request INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM All First -tier subcontractors must be included on a subcontracting request. Submit in accordance with Section 8 -1.01 of the Caltrans Standard Specifications. Type or print requested information. information copy is to be retained by the contractor. Submit other copies to project's Resident Engineer. After approval, the original will be returned to the contractor. When an entire item is subcontracted, the value to be shown is the contractor's bid price. When a portion of an item is subcontracted, describe the portion, and show the Yo of bid item and value. THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS. Prior to submittal of a DC -CEM -1201 involving a replacement Subcontractor, submit a separate written request for approval to substitute a listed subcontractor. Section 4107 of the Government Code covers the conditions for substitution. Submit a separate written request for approval of any DBE /MBE /WBE /DVBE substitution. Include appropriate backup information and state what efforts were made to accomplish the same dollar value of work by other certified DBE /MBE /WBE/DVBEs. NOTE: For contractors who will be performing work on railroad property, it is necessary for the contractor to complete and submit the Certificate of Insurance (State Form DH -OS -Al OA) naming the subcontractor as insured. No work shall be allowed which involves encroachment on railroad property until the specified insurance has been approved. Page 2 of 2 July 2016 P -35 of P -39 CITE' OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSIi/CYPRESS BIKE LANES FAID#: IJ58DPOO5861 DIFFERING SITE CONDITIONS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the following: a. Contractor's Notification Promptly notify the Agency's Engineer if you find either of the following conditions: 1. Physical conditions differing materially from either of the following: • Contract documents • Job site examination 2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Include details explaining the infomration you relied on and the material differences you discovered. If you fail to promptly notify the Engineer, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim. b. Eitgirreer'slLrnestigatimr arad➢ecisiorz Upon your notification, the Engineer investigates job site conditions and: 1. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both Signed Title Firm Date Jlt 49, P -36 of P -39 20B -45 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES PAID #: U58DPOO5861 BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS FOR STEEL, OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the " Buy America" requirements of Section 165 of the Surface Transportation Assistance Act of 1982 and as shown in the special provisions of this project. Signed Title Firm Date 3ZI 60 7 P -37 of P•39 rl- CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH /CYPRESS BIKE LANES FAID #: U58DP005861 NEPA COMPLIANCE FOR FEDERAL, AID CONTRACTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the Categorical Exemption /Categorical Exclusion Determination Form including and not limited to the National Environmental Policy Act (NEPA) requirements and environmental commitments found in the appendix of the Contract Documents of this project. Signed Title Firm Date I 1 IV 11-38 of P -39 20B-47 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 17 -6611 CHESTNUT AVE & BUSH/CYPRESS BIKE LANES FAID #: U58DPOO5861 TMP COMPLIANCE FOR FEDERAL AID CONTRACTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the Traffic Management Plan (TMP) commitments found in the appendix of the Contract Documents of this project. Signed Title Firm Date i / 1 L' P -39 of P -39 r1- CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NO. 17 -6611 CHESTNUT AVENUE AND BUSH /CYPRESS BIKE LANES This CONSTRUCTION CONTRACT is made and entered into this 2 ❑d day of May, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY "), and Cal- Stripe Inc. (hereinafter "CONTRACTOR "). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Chestnut Avenue and Btrsh/Cypress Bike Lanes Project (hereinafter referred to as the "WORK OF IMPROVEMENT ") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council, 2. The complete Constiurtion Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Docuunents, the precedence of documents shall be as established in the Standard Specifications for Public Works Constriction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Eighty -four Thousand Eight Hundred Seventy -five Dollars and Forty Cents ($84,875.40), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev, 12/20/2016 rl- -• Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing construction within the timefi•ame therein specified after issuance of a Notice to Proceed. 5, The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. G. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarattee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, famish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20 %) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10 %) of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 20B -50 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOHN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR: Cal -Stripe [lie. NAME: TITLE: 20B -51 Page 3 of 3 20B -52 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 17 -6611: CHESTNUT AVENUE AND BUSH /CYPRESS BIKE LANES Construction Contract $ 84,875.40 Contract Administration $ 6,861.00 Ins ection and Testing $ 5,871.60 Contingencies $ 11,142.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 108,750.00 EXHIBIT 4 20B -53 20B -54 r Aamp 0 a CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: COUNTY OF ORANGE SOCIAL SERVICES AGENCY VOCATIONAL TRAINING AND WORK EXPERIENCE PROGRAM (STRATEGIC PLAN NO. 2,4) ACTfhG_CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ;170:0 _O ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement recognizing $2,400,000 awarded to the City of Santa Ana, Santa Ana WORK Center by the County of Orange Social Services Agency for vocational training and work experience activities, effective July 1, 2017 through June 30, 2020, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The County of Orange Social Services Agency administers CalWORKS Welfare to Work (WTW) Program designed to provide case management, job services, job training, and supportive service to assist CalWORKS recipients to overcome barriers and obtain or maintain stable employment. The goal of the program is for the participating individuals to achieve economic self- sufficiency. County Welfare Departments may provide these services directly or may enter into contracts with private or public agencies for the provision of these services. The City of Santa Ana WORK Center has partnered with County of Orange Social Services Agency for over 20 years to provide employment and training services. The previous contract awarded between fiscal years 2015 -16 through 2016 -17 resulted in 311 Welfare -to -Work participants enrolled into either vocational training or work experience programs. Participants have achieved certificates in various types of training including medical assistant, accounting clerks, and medical billing. Over 65 percent of enrollees have obtained employment. The City of Santa Ana WORK Center was awarded a $2,400,000 contract to continue to provide vocational training and work experience activities to CalWORKS WTW participants. Staff will also provide case management, employability skills training, worksite development, and job placement services. The program will serve 360 participants from July 1, 2017 through June 30, 2020. 25A -1 County of Orange SSA Vocational Training and Work Experience Program March 7, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #2 Youth, Education, Recreation, Objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT Funds for each program year will be budgeted as part of the City's budget process. Upon City Council's adoption of each annual budget, funds will be available in the County of Orange Social Services Agency Welfare to Work Program account (nos. 12418737- various) for expenditure as follows: Account Projected Expenditure in Amount 12418737- various FY 2017 -18 $ 800,000 12418737 - various FY 2018 -19 $ 800,000 12418737 - various FY 2019 -20 $ 800,000 Total $2,400,000 APPROVED AS TO FUNDS AND ACCOUNTS: Kbbbrt C. Cortez i ° Francisco Gutierrez Deputy City Manager Executive Director Commuriity- D6velopment Agency Finance & Management Services Agency RC /CD /sg /If Exhibit: 1. County of Orange Social Services Agency Agreement 25A -2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE This AGREEMENT, entered into this 1st day of July 2017, which date is particularized for purpose of reference only, is by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY," and CITY OF SANTA ANA, a Charter city and Municipal Corporation, hereinafter referred to as "CONTRACTOR." This Agreement shall be administered by the County of Orange Social Services Agency Director or designee, hereinafter referred to as "ADMINISTRATOR." WITNFSSETH: WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision of vocational training activities and work experience; and WHEREAS, CONTRACTOR agrees to render such services on the terms and conditions hereinafter set forth: WHEREAS, such services are authorized and provided for pursuant to California Welfare and Institutions Code Section 11200 et seq., also known as the California Work Opportunity and Responsibility to Kids (CalWORKS) Act of 1997. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS; (WRR0216) Page 1 of 43 Exhibit 1 25A -3 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS 1. TERM ..................... 4 2. ALTERATION OF TERMS .................... 4 3. STATUS OF CONTRACTOR ....... 4 4. DESCRIPTION OF SERVICES, STAFFING ....... 5 5. LICENSES AND STANDARDS .................. 5 6. DELEGATION AND ASSIGNMENT /SUBCONTRACTS .. 6 7. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE ............. 8 B. NON - DISCRIMINATION ..................... ............................... 10 9. NOTICES ....... .................................................... 14 10, NOTICE OF DELAYS ...................... ............................... 14 11. INDEMNIFICATION ............................. ............ I............ 14 12. INSURANCE ............................ 15 13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS 20 14. CONFLICT OF INTEREST ................... 20 15, ANTI - PROSELYTISM PROVISION ........... . 21 16, SUPPLANTING GOVERNMENT FUNDS ........... 21 17. EQUIPMENT .......................... ... ............................... 21 18, BREACH SANCTIONS ....................... ............................... 23 19. PAYMENTS ........................... 23 20. OVERPAYMENTS ........................... 25 21. OUTSTANDING DEBT ....................... ............................... 26 22. REVENUE........ ........................... ................... ......... 26 23. PROGRAM INCOME ......................... ............................... 26 24. FINAL REPORT ........................... ............................... 27 25, INDEPENDENT AUDIT ...................... ............................... 27 26. RECORDS, INSPECTIONS AND AUDITS ........ 28 27. PERSONNEL DISCLOSURE ........... .. .... ........................ 30 28, CHILD AND DEPENDENT ADULT /ELDER ABUSE REPORTING ....................... 33 29. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW ......... 33 30. CONFIDENTIALITY ........................ ............................... 34 31. COPYRIGHT ACCESS ....................... ............................... 35 32. WAIVER ......................... ............................... ....... 35 33, PETTY CASH ........... ............................... 36 34. PUBLICITY .............................. 36 35, COUNTY RESPONSIBILITIES ................ 36 36. REFERRALS .............................. ............................... 37 37. REPORTS ................................ ............................... 37 38. ENERGY EFFICIENCY STANDARDS ............ ............................... 37 39. ENVIRONMENTAL PROTECTION STANDARDS ..... ............................... 37 40. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS ................... 38 41. POLITICAL ACTIVITY ............ ............................... ... 39 42. TERMINATION PROVISIONS .... ............ 39 43. GOVERNING LAW AND VENUE ................ ............................... 41 44, SIGNATURE IN COUNTERPARTS .............. ............................... 41 EXHIBIT A T` PROGRAM OBJECTIVE AND GOALS ............. ............................... 1 2. POPULATION TO BE SERVED ................. ............................... 2 3. DEFINITIONS ............................. ............................... 3 4. SERVICES . ............................... 4 5, CONTRACTOR RESPONSIBILITIES ............. 6 (WRR0216) Page 2 of 43 (April 4, 2017) 25A -4 23 24 25 26 27 28 6, 7. B. 9. 10 11 12 13 14 15 16 PRINCIPLES ........................ 9 OUTSIDE CONTACTS: ....................... 9 FACILITIES ................. 9 REPORTING REQUIREMENTS ................. ............................... 10 PERFORMANCE MONITORING AND REVIEW ...... 11 QUALITY CONTROL ........................ 12 WELFARE FRAUD. ................... 12 HANDLING COMPLAINTS ........................ 13 HOURS OF OPERATION ........ ............................... „ , 14 BUDGET.................... ............................... „ ..... — ... STAFF................................................. 18 (WRR0216) Page 3 of 43 25A -5 (April 4. 2017) 0 1 2 3 4 5 6 7 [:] 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. TERM The term of this Agreement shall commence on July 1, 2017, and terminate on June 30, 2020, unless earlier terminated pursuant to the provisions of Paragraph 43 of this Agreement; however, CONTRACTOR shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to indemnification, audits, reporting and accounting. CONTRACTOR and ADMINISTRATOR may mutually agree in writing to extend the term of this Agreement, for up to twelve (12) additional months upon the same terms and conditions, provided that COUNTY's maximum obligation as stated in Subparagraph 19.1 of this Agreement does not increase as a result. 2. ALTERATION OF TERMS This Agreement, including any Exhibit(s) attached hereto and incorporated by reference, fully expresses all understandings of the parties and is the total Agreement between the parties as to the subject matter of this Agreement. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, by the parties, their officers, agents or employees, are valid or binding unless made in the form of a written amendment 'to this Agreement which is -formally approved and executed by both parties. 3, STATUS OF CONTRACTOR 3,1 CONTRACTOR is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which It performs the services required of it by the terms of this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CONTRACTOR or any of CONTRACTOR's agents or employees, CONTRACTOR assumes exclusively the responsibility for the acts of its employees or agents as they relate to (WRR0216) Page 4 of 43 25A -6 (Apr11 4, 2017) 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24• 25 26 27 28 services to be provided during the course and scope of their employment. 3.2 CONTRACTOR, its agents, employees and volunteers shall not be entitled to any rights and /or privileges of COUNTY employees and shall not be considered in any manner to be COUNTY employees. 4. DESCRIPTION OF SERVICES, STAFFING 4.1 CONTRACTOR agrees to provide those services, -facilities, equipment and supplies as described in the Exhibit "A" to the Agreement between County of Orange and City of Santa Ana 'For the Provision of Vocational Training Activities and Work Experience, attached hereto and incorporated herein by reference. CONTRACTOR shall operate continuously throughout the term of this Agreement with the number and type of staff described and as required for provision of services hereunder. 4.2 Subject to thirty (30) days advance written notice, ADMINISTRATOR may require changes in staffing allocations to reflect current workload demands or service needs as 'long as COUNTY's maximum obligation as set forth in this Agreement is not exceeded. 4.3 Upon the request of ADMINISTRATOR, CONTRACTOR shall send appropriate staff to attend an orientation session and subsequent 'training sessions given by COUNTY. 5, LICENSES AND STANDARDS 5.1 CONTRACTOR warrants that it has all necessary licenses and permits required by the laws of the United States, State of California, County of Orange and all other appropriate governmental agencies 'to perform the services described in this Agreement, and agrees to maintain these licenses and permits In effect for the duration of this Agreement. Further, CONTRACTOR warrants that its employees shall conduct themselves in compliance with such laws and ]!censure requirements including, without limitation, compliance with laws applicable to sexual harassment and ethical behavior, (WRR0216) Page 5 of 43 (April 4, 2077) 25A -7 1 2 3 4� 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.2 In the performance of this Agreement, CONTRACTOR shall comply with all applicable provisions of the California Welfare and Institutions Code (WIC); Title 45 of the Code of Federal Regulations (CFR); Title 48 CFR Section 31.2; implementing regulations under 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; and all applicable laws and regulations of the United States, State of California, County of Orange Social Services Agency and all administrative regulations, rules and policies adopted thereunder as each and all may now exist or be hereafter amended. 5.2.1 For Federally funded Agreements in the amount of $25,000 or more, CONTRACTOR certifies that its officers and /or principals are not debarred or suspended from Federal financial assistance programs and /or activities. 6. DELEGATION AND ASSIGNMENT /SUBCONTRACTS 6.1 Delegation and Assignment: In the performance of this Agreement, CONTRACTOR nay neither delegate its duties or obligations nor assign its rights, either in whole or in part, without the prior written consent of COUNTY. Any attempted delegation or assignment without prior written consent shall be void. The transfer of assets in excess of ten percent (10%) of the total assets of CONTRACTOR, or any change in the corporate structure, the governing body, or the management of CONTRACTOR, which occurs as a result of such transfer, shall be deemed an assignment of benefits under the terms of this Agreement requiring COUNTY approval. 6.2 Subcontracts; CONTRACTOR shall not subcontract 'for services under this Agreement without the prior written consent of ADMINISTRATOR. If ADMINISTRATOR consents in writing to a subcontract, in no event shall the subcontract alter, in any (WRR0216) Page 6 of 43 (April 4, 2017) 25A -8 1 2 3 4 5 6 7 8 9 10 it 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 way, any legal responsibility of CONTRACTOR to COUNTY, All subcontracts must be in writing and copies of same shall be provided to ADMINISTRATOR. CONTRACTOR shall include in each subcontract any provision ADMINISTRATOR may require. 6.2.1 Subcontracts of $25,000 or less; CONTRACTOR shall develop a standard form Purchase Order, subject to prior written approval of ADMINISTRATOR, to be utilized for the purchase of services by CONTRACTOR when the cumulative total cost of the services to be provided by any organization is anticipated to be twenty -five thousand dollars ($25,000) or less during the term of this Agreement. The basis for costs incurred by any such Purchase Order(s) shall be the actual cost of providing services or the usual and customary charges established by the organization(s) providing the services. 6.2.2 Subcontracts in excess of 525 00D: CONTRACTOR shall develop and submit for approval to ADMINISTRATOR a system for the procurement of subcontracts with any organization in which the total cumulative cost of services provided by any single organization is anticipated to exceed twenty -five thousand dollars ($25,000) during the term of this Agreement-. CONTRACTOR's proposed procurement system shall take into consideration such 'Factors as: degree of price competition; pricing policies and techniques; experience and quality of service; methods of evaluating subcontractor responsibility; relationship of subcontractor to CONTRACTOR; and planning, award, and post -award management of subcontracts, including internal audit procedures and monitoring of subcontractor's performance until completion of services. Upon ADMINISTRATOR's approval of CONTRACTOR's proposed procurement system, CONTRACTOR shall comply with such procurement system in obtaining subcontracts with a total cost in excess of twenty -five thousand (WRR0216) Page 7 of 43 (April 4, 2017) 25A -9 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dollars ('525,000) during the term of this Agreement. In addition, CONTRACTOR shall obtain ADMINISTRATOR's written consent prior to entering into a subcontract with any organization when the total cumulative cost of services to be provided by that organization is anticipated to exceed twenty -five thousand dollars ($25,000) during the term of this Agreement. CONTRACTOR and its subcontractor(s) shall establish and maintain accurate and complete financial records related to services provided under the terms of this Agreement. Such records may be subject to the satisfaction of ADMINISTRATOR, and to the examination and audit by ADMINISTRATOR or designee, for a period of five (5) years, or until any pending audit is completed, 7. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE 7.1 Form of Business Organization: Upon the request of ADMINISTRATOR, CONTRACTOR shall prepare and submit, within thirty (30) days thereafter, an affidavit executed by persons satisfactory to ADMINISTRATOR containing, but not limited to, the following information: 7,1,1 The 'form of CONTRACTOR's business organization, i,e., proprietorship, partnership, corporation, etc, 7.1.2 A detailed statement indicating the relationship of CONTRACTOR, by way of ownership or otherwise, to any parent organization or individual, 7.1.3 A detailed statement indicating the relationship of CONTRACTOR 'to any subsidiary business organization or to any individual who may be providing services, supplies, material or equipment to CONTRACTOR or in any manner does business with CONTRACTOR under this Agreement. 7.2 Change in Form of Business Organization: If during the term of this Agreement the form of CONTRACTOR's (WRR0216) Page B of 43 (April 4, 2017) 25A -10 1 2 3 business organization changes, or 'the ownership of CONTRACTOR changes, or CONTRACTOR's relationship to other businesses dealing with CONTRACTOR under this Agreement changes, CONTRACTOR shall promptly notify ADMINISTRATOR, in writing, detailing such changes. A change in the form of business organization may, at COUNTY's sole discretion, be treated as an attempted assignment of rights or delegation of duties of this Agreement. 7,3 Real Property Disclosure; If CONTRACTOR is occupying any real property under any agreement. oral or written, where persons are to receive services hereunder, CONTRACTOR shall submit the following information in addition to a copy of the lease, license or rental agreement, as well as any other information requested, prior to the provision of services under this Agreement: 7.3.1 The location by street address and city of any such real property. 7.3.2 The fair market value of any such real property as such value is reflected on the most recently issued County Tax Collector's tax bill. 7.3.3 A detailed description of all existing and pending agreements, with respect to the use or occupation of any such real property. Such description shall include, but not be limited to: 7.3.3.1 The term duration of any rental, lease or license agreement; 7.3.3.2 The amount of monetary consideration to be paid to the lessor or licensor over the term of the rental, lease or license agreement-; 7.3.3,3 The type and dollar value o° any other consideration 'to be paid to the lessor or licensor; and 7.3,3.4 The full names and addresses of all parties (WRR0216) Page 9 of 43 (April 4, 2011) 25A -11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to any agreement concerning the real property and a listing of liens (if any) thereof, together with a listing by full names and addresses of all officers, directors and stockholders of any private corporation, and a similar, listing of all general and limited partners of any partnership which is a party. 7.3.4 A listing by full narnes of all of CONTRACTOR's officers, directors and /or partners, members of its administrative and advisory boards, staff and consultants, who have any family relationship by marriage or blood with a party to any agreement concerning real property referred to in Subparagraph 7.3.3, immediately above, or who have any present or future financial interest in such person's business, whether the entity concerned is a corporation or partnership. such listing shall also include the full names of all of CONTRACTOR's officers, directors, partners and those holding a financial interest. Included are members of its advisory boards, members of its staff and consultants, who have any family relationship by marriage or blood to an officer, director, or stockholder of the corporation or, 'to any partner of the partnership. In preparing the latter listing, CONTRACTOR shall also indicate the names of the officers, directors, stockholders, or partner(s), as appropriate, and the Family relationship which exists between such person(s) and CONTRACTOR's representatives listed. 7.3.5 True and correct copies of all agreements with respect to any such real property shall be appended to the documentation described above and made a part thereof. If, during the term of this Agreement, there is a change in the agreement(s) with respect to real property where persons receive services, CONTRACTOR shall promptly notify ADMINISTRATOR, in writing, describing such changes. 8. NON- DISCRIMINATION 8,1 In the performance of this Agreement, CONTRACTOR agrees that it shall not engage nor employ any unlawful discriminatory practices in the MR0216) Page 10 of 43 (April 4. 2017) 25A -12 1 2 3 4 5 6 7 B 9 10 al 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 admission of clients, provision of services or benefits, assignment of accommodations, treatment, evaluation, employment of personnel or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status or any other protected group in accordance with the requirements of all applicable Federal or State laws, 8.2 CONTRACTOR shall develop an Affirmative Action Program Plan which meets the lawful and applicable requirements of the U,S. Department of Health and Human Services. 8.3 CONTRACTOR shall furnish any and all Information requested by ADMINISTRATOR and shall permit ADMINISTRATOR access, during business hours, to books, records and accounts in order to ascertain CONTRACTOR's compliance with Paragraph 8 et seq. 8,4. CONTRACTOR shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive order 11375 and as supplemented in Department of Labor regulations (Title 4.1 CFR Part 60). 8.5 Nor-Discrimination in Employment: 8.5.1 All solicitations or advertisements for employees placed by or on behalf of CONTRACTOR shall state that all qualified applicants will receive consideration for, employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status or any other protected group in accordance with the requirements of all applicable Federal or State laws, Notices describing the provisions of the equal opportunity clause shall be posted in a conspicuous place for employees (WRR0216) Page 11 of 43 25A -13 (Apr11 4, 2017) 1 2 3 4 5 6 7 8 9 10 zl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and ,job applicants, 8.5.2 CONTRACTOR shall refer any and all employees desirous of filing a formal discrimination complaint to: California Department of Social Services Public Inquiry and Response Bureau P.O, Box 944243, M.S. 8 -4 -23 Sacramento, CA 95814 Telephone; (800) 952 -5253 (800) 952 -8349 (For the hard of hearing) 8.6 Non - Discrimination in Service Delivery: 8,6.1 CONTRACTOR shall comply with Titles VI and V11 of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended: the Food Stamp Act of 1977, as amended, and in particular 7 CFR Section 272.6; Title 11 of the Americans with Disabilities Act of 1990, as amended; California Civil Code Section 51 et seq., as amended; California Government Code (CGC) Sections 11135- 11139.5, as amended; CGC Section 12940 (c), (h), (1), and (,j); CGC Section 4450; Title 22, California Code of Regulations (CCR) Sections 98000- 98413; the Dymally - Alatorre Bilingual Services Act (CGC Section 7290 - 7299.8); Section 1808 of the Removal of Barriers to interethnic Adoption Act of 1996; and other applicable Federal and State laws, as well as their implementing regulations (including Title 45 CFR Parts 80, 84, and 91; Title 7 CFR Part 15; and Title 28 CFR Part 42), and any other law pertaining to Equal Employment Opportunity, Affirmative Action and Nondiscrimination as each may now exist or be hereafter amended. CONTRACTOR shall not implement any administrative methods or procedures which would have a discriminatory effect or which would violate the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 21, Chapter 21 -100. If there are any violations (AR0216) Page 12 of 43 (Apr11 4, 2017) 25A -14 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 M of this Paragraph, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with WIC Section 10605, or CGC Sections 11135- 11139.5, or any other laws, or the issue may be referred to the appropriate Federal agency for further compliance action and enforcement of Subparagraph 8.6 et seq. 8.6.2 CONTRACTOR shall provide any and all clients desirous of filing a formal complaint any and all information as appropriate: 8.6.2.1 Pamphlet: "Your Rights Under California Welfare Programs" (PUB 13) 8.6.2.2 Discrimination Complaint Form 8.6.2.3 Civil Rights Contacts: County Civil Rights Contact: Orange County Social Services Agency Program Integrity Attn: Civil Rights Coordinator P.O. Box 22001 Santa Ana, CA 92702 -2001 Telephone: (714) 438 -8877 State Civil Rights Contact: California Department of Social Services Civil Rights Bureau P.O. Box 944243, M.S. 15 -70 Sacramento, CA 94244 -2430 Federal Civil Rights Contact: U.S. Department of Health and Human Services Office of Civil Rights 50 U.N. Plaza, Room 322 San Francisco, CA 94102 (WKR0216) Page 13 of 43 25A -15 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 9. NOTICES 9,1 All notices, requests, claims, correspondence, reports, statements authorized or required by this Agreement, anti /or other communications shall be addressed as follows: COUNTY: County of Orange Social Services Agency Contract Services 500 N. State College Blvd, Suite #100 Orange, CA 92868 CONTRACTOR: City of Santa Ana /Santa Ana WORK Center 1000 E. Santa Ana Blvd— Suite 200 Santa Ana, CA 92701 9.2 All notices shall be deemed effective when in writing and deposited in the United States mail, first class, postage prepaid and addressed as above. Any notices, claims, correspondence, reports and /or statements authorized or required by this Agreement addressed in any other fashion shall be deemed not given. The Parties each may designate by written notice from time to time, in the manner aforesaid, any change in the address to which notices must be sent. 10. NOTICE OF DELAYS Except as otherwise provided under this Agreement, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Agreement, that party shall, within one (1) business day, give notice thereof, including all relevant information with respect thereto, to the other party. 11. INDEMNIFICATION 11.1 CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold U.S. Department of Health and Human Services, the (WRR0216) Page 14 of 43 (April 4, 2017) 25A -16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 State, COUNTY, and their elected and appointed officials, officers, employees, agents and those special districts and agencies which COUNTY's Board of Supervisors acts as the governing Board ( "COUNTY INDEMNITEES ") harmless From any claims, demands or liability of any kind or nature, including but rot limited to personal injury or property damage, arising from or related to the services, products or other performance provided by CONTRACTOR pursuant to this Agreement. If judgment is entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. 12, INSURANCE 12.1 Prior to the provision of services under this Agreement, CONTRACTOR agrees to purchase all required insurance or maintain a program of self - insurance at CONTRACTOR's expense and to deposit with ADMINISTRATOR Certificates of Insurance, including all endorsements required herein, necessary to satisfy COUNTY that the insurance provisions of this Agreement have been complied with. CONTRACTOR agrees -to keep such insurance coverage Certificates of Insurance and endorsements on deposit with ADMINISTRATOR during the entire term of this Agreement, In addition, all subcontractors performing work on behalf of CONTRACTOR pursuant to this Agreement shall obtain insurance subject to the same terms and conditions as set forth herein for CONTRACTOR. 12.2 CONTRACTOR shall ensure that all subcontractors performing work on behalf of CONTRACTOR pursuant to this Agreement shall be covered under CONTRACTOR's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for CONTRACTOR. CONTRACTOR shall not allow subcontractors 'to work if subcontractors have less (WRR0216) Page 15 of 43 25A -17 (April 4, 2017)' 1 2 3 4 6 6 7 a 9 20 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 than the level of coverage required by COUNTY from CONTRACTOR under this agreement. It is the obligation of CONTRACTOR to provide notice of the Insurance requirements to every subcontractor and 'to receive proof of insurance prior to allowing any subcontractor to begin work, Such proof of insurance must be maintained by CONTRACTOR through the entirety of this Agreement for inspection by COUNTY representative(s) at any reasonable time. 12.3 All self- insured retentions (SIRS) shall be clearly stated on the Certificate of Insurance. Any self- insured retention (SIR) in an amount in excess of fifty 'thousand dollars ($50,000) shall specifically be approved by the COUNT'Y's Risk Manager, or designee, upon review of CONTRACTOR's current audited financial report. If CONTRACTOR's SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision($) in the Agreement, agrees to all of the following; 12.3.1 In addition to the duty to indemnify and hold COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR's, its agents, employee's or subcontractor's performance of this Agreement, CONTRACTOR shall defend COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and 12.3.2 CONTRACTOR's duty to defend, as state above, shall be absolute and irrespective of any duty 'to 'indemnify or hold harmless; and 1 2.3.3 The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend state above applies, and CONTRACTOR'S SIR provisions shall be interpreted as though CONTRACTOR was an insurer and COUNTY was the insured. 12.4. if CONTRACTOR fails to maintain insurance acceptable to COUNTY for the 'Full term of this Agreement, COUNTY may terminate this Agreement. 12,5 Qualified Insurer; 12.5.1 The policy or policies of insurance required herein must (WRR0216) Page 16 of 43 (April 4, 2017) 25A -18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 26 27 28 be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide /Property - Casualty /United States or ambest,com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). 12.6 If the insurance carrier does not have an A.M. Best Rating of A- /VIII, the CEO /Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial rating. 12.7 The policy or policies of insurance maintained by CONTRACTOR shall provide the minimum limits and coverage as set forth below: Coverage Minimum Limits Commercial General Liability Automobile Liability including coverage for owned, non -owned and hired vehicles Workers' Compensation Employer's Liability Insurance Network Security & Privacy Liability Sexual Misconduct Liability $1,000,000 per occurrence $2,000,000 aggregate $1,000,000 per occurrence Statutory $1,000,000 per occurrence $1,000,000 per claims made $1,000.000 per occurrence 12.8 Required Coverage Forms: 12.8.1 Commercial General Liability coverage shall be written on Insurance Services Office (ISO) 'form CG 00 01 or a substitute form providing liability coverage at least as broad. (WRR0216) Page 17 of 43 (April 4, 2017) 25A -19 1. 2 3 4 5 6 7 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 26 26 27 28 12.8.2 Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20 or a substitute form providing coverage at least as broad. 12,9 Required Endorsements; 12,9.1 Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance; 12.9.1,1 An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming the County of Orange, Its elected and appointed officials, officers, agents and employees, as Additional Insureds or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. 12.9.1.2 A primary non - contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad, evidencing that CONTRACTOR's insurance is primary and any insurance or self- insurance maintained by the County of Orange shall be excess and non - contributing, 12.9.2 The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance, 12,9.2.1 An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, agents and employees as Additional Insureds for its vicarious liability, 12.9.2.2 A primary and non - contributing endorsement evidencing that the CONTRACTOR's insurance is primary and any insurance or self- insurance maintained by the County of Orange shall be excess and non- contributing, 12.10 The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees (11RR0216) Page 18 of 43 (April 4, 2017) 25A -20 I 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 pal or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT, 12,11 All insurance policies required by this Agreement shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment, 12.12 CONTRACTOR shall notify COUNTY in writing within thirty (30) days of any policy cancellation and ten (10) days for non - payment of premium and provide a copy of the cancellation notice to COUNTY, Failure to provide written notice of cancellation may constitute a material breach of the contract, upon which the COUNTY may suspend or terminate this Agreement. 12.13 If CONTRACTOR's Network Security & Privacy policy is a "claims made" policy, CONTRACTOR shall agree to maintain Network Security & Privacy Liability] coverage for two (2) years following completion of this Agreement, 12.14 The Commercial General Liabllity policy s'na1l contain a severability of interests clause also known as a "separation of insureds" clause (standard in the ISO CG 0001 policy). 12.15 Insurance certificates should be mailed to COUNTY at the address indicated in Paragraph 9 of this Agreement. 12.16 If CONTRACTOR fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO /County Procurement Office or ADMINISTRATOR, award may be made to the next qualified proponent. 12.1.7 COUNTY expressly retains the right to require CONTRACTOR to increase or decrease 'insurance of any of the above insurance types throughout the 'term of this Agreement. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect COUNTY, 12.18 COUNTY shall notify CONTRACTOR in writing of changes in the insurance requirements, If CONTRACTOR does not deposit copies of acceptable MR0216) Page 19 of 43 (April 4, 2017) 25A -21 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 certificates of insurance and endorsements with COUNTY incorporating such changes within thirty (30) days of receipt of such notice, this Agreement may be In breach without further notice to CONTRACTOR, and COUNTY shall be entitled to all 'legal remedies. 12.19 The procuring of such required policy or policies of insurance shall not be construed 'to limit CONTRACTOR's liability hereunder nor, to -fulfill the indemnification provisions and requirements of this Agreement, nor act in any way to reduce the policy coverage and lim'i'ts available from the insurer. 13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS CONTRACTOR shall report to COUNTY: 13.1 Any accident or incident relating to services performed under this Agreement that involves Injury or property damage which may result in the filing of a claim or lawsuit against CONTRACTOR and /or COUNTY. Such report shall be made in writing within twenty -four (24) hours of occurrence, 13.2 Any third party claim or lawsuit filed against CONTRACTOR arising 'from or relating to services performed by CONTRACTOR under this Agreement, Such report shall be submitted to COUNTY within twenty -four (24) hours of occurrence. 13.3 Any injury 'to an employee of CONTRACTOR that occurs on COUNTY property, Such report, shall be submitted to COUNTY within twenty -four (24) hours of occurrence. 13.4 Any loss, disappearance, destruction, misuse or theft of any kind whatsoever of COUNTY property, monies or securities entrusted to CONTRACTOR under the term of this Agreement. Such report shall be submitted to COUNTY within twenty -four (24) hours of occurrence. 14. CONFLICT OF INTEREST 14.1 CONTRACTOR shall exercise reasonable care and diligence to prevent 04RR0216) Page 20 of 43 (April 4, 2017) 25A -22 1 2 any actions or conditions that could result in a conflict with the best interests of COUNTY. This obligation shall apply to CONTRACTOR and CONTRACTOR's employees, volunteers, agents, relatives, subcontractors and third parties associated with accomplishing the work hereunder, 14.2 CONTRACTOR's efforts shall include, but not be limited to, establishing precautions to prevent its employees or agents from making, receiving, providing, or offering gifts, entertainment, payments, loans or other considerations which could be deemed to appear to influence individuals to act contrary to the best interests of COUNTY. 15. ANTI - PROSELYTISM PROVISION No funds provided directly to institutions or organizations to provide services and administer programs under Title 42 United States Code (USC) Section 604a(a)(1.)(A) shall be expended 'For sectarian worship, instruction, or proselytization, except as otherwise permitted by law. 16. SUPPLANTING GOVERNMENT FUNDS CONTRACTOR shall not supplant any Federal, State or COUNTY funds intended for the purposes of this Agreement with any funds made available under this Agreement. CONTRACTOR shall not claim reimbursement from COUNTY for, or apply sums received from COUNTY with respect 'to, that portion of its obligations which have been paid by another source of revenue. CONTRACTOR agrees that it shall not use funds received pursuant to this Agreement, either directly or indirectly, as a contribution or compensation for purposes of obtaining Federal, State or COUNTY funds under any Federal, State or COUNTY program without prior written approval of ADMINISTRATOR. 17. EQUIPMENT 17,1 All items purchased with funds provided under this Agreement, or which are furnished to CONTRACTOR by COUNTY, which have a single unit cost of at least five thousand dollars (:5,000), including sales tax, shall be (WRR0216) Page 21 of 43 (April 4, 2017) 25A -23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 considered Capital Equipment, Title to all Capital Equipment shall, upon purchase, vest and remain in COUNTY, The use of such items of Capital Equipment is limited to the performance of this Agreement. Upon the termination of this Agreement, CONTRACTOR shall immediately return any items of Capital Equipment to COUNTY or its representatives, or dispose of them in accordance with the directions of ADMINISTRATOR, CONTRACTOR further agrees to the following: 17.1.1 To maintain all items of Capital Equipment in good working order and condition, normal wear and tear excepted. 17.1.2 To label all items of Capital Equipment, do periodic Inventories as required by ADMINISTRATOR and to maintain an inventory list showing where and how the Capital Equipment is being used, in accordance with procedures developed by ADMINISTRATOR. All such lists shall be submitted to ADMINISTRATOR within ten (10) days of any request therefore, 17.1.3 To report in writing to ADMINISTRATOR immediately after discovery, the lass or theft of any items of Capital Equipment, For stolen Items, the local law enforcement agency must be contacted and a copy of the police report submitted to ADMINISTRATOR. 17,1.4 To purchase a policy or policies of insurance covering loss or damage to any and all Capital Equipment purchased under this Agreement, in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief and special extended perils (all risks) covering the parties' interests as they appear. 17.2 The purchase of any Capital Equipment by CONTRACTOR shall be requested in writing, shall require the prior written approval of ADMINISTRATOR, and shall fulfill the provisions of this Agreement which are appropriate and directly related to CONTRACTOR's service or activity under the (WRR0216) Page 22 of 43 (April 4, 2027) 25A -24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 101 20 21 22 23 24 26 26 27 28 terms of this Agreement. COUNTY may refuse reimbursement for any casts resulting from Capital Equipment purchased, which are incurred by CONTRACTOR, If prior written approval has not been obtained from ADMINISTRATOR, 17.3 Personal Computer Equipment: No personal computers and /or personal electronic devices, such as tablets and laptop computers, or any component thereof may be purchased with 'funds provided under this Agreement 18. BREACH SANCTIONS Failure by CONTRACTOR to comply with any of the provisions, covenants, or conditions of this Agreement shall be a material breach of this Agreement. In such event, ADMINISTRATOR may, and in addition 'to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Agreement: 18.1 Afford CONTRACTOR a time period within which to cure the breach, which period shall be established by ADMINISTRATOR; and /or 18.2 Discontinue reimbursement to CONTRACTOR for and during the period in which CONTRACTOR is in breach, which reimbursement shall not be entitled to later recovery; and /or, 18.3 OffseL against any monies billed by CONTRACTOR but yet unpaid by COUNTY those monies disallowed pursuant to Subparagraph 18,2 above. ADMINISTRATOR will give CONTRACTOR written notice of any action pursuant to this Paragraph, which notice shall be deemed served on the date of mailing. 19. PAYMENTS 19.1 Maximum Contractual Obligation: The maximum obligation of COUNTY under this Agreement shall not exceed the amount of $2,400,000: the amount of $800,000 for July 1, 2017 through June 30, 2018; the amount of $800,000 for July 1, 2018 through June 30, 2019; and the amount- of $800,000 for July 1, 2019 through June 30, 2020, (WRR0216) Page 23 of 43 (April 4, 2017) 25A -25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or actual allowable costs, whichever is less, 19.2 Allowable Costs; During the 'term of this Agreement, COUNTY shall pay CONTRACTOR monthly in arrears, for actual allowable costs incurred and paid by CONTRACTOR pursuant to this Agreement, as defined in 2 CF'R, Part 225 or as approved by ADMINISTRATOR, However, COUNTY. in its sole discretion, may pay CONTRACTOR for anticipated allowable costs that will be incurred by CONTRACTOR for ,tune 2018, 2019 and 2020, during the month of such anticipated expenditure, 19.3 Claims; 19.3.1 CONTRACTOR shall submit monthly claims to be received by ADMINISTRATOR no later than the twentieth (20°h) calendar day of the month for expenses incurred in the preceding month. In the event the twentieth (20th) calendar day falls on a weekend or COUNTY holiday, CONTRACTOR shall submit the claim the next business day. COUNTY holidays include New Year's Day, Martin Luther King Day, President Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. 19,3.2 All claims must be submitted on a form approved by ADMINISTRATOR, ADMINISTRATOR may require CONTRACTOR to submit supporting source documents with the monthly claim, including, inter alia, a monthly statement of services, general ledgers, supporting journals, time sheets, invoices, canceled checks, receipts and receiving records, some of which may be required to be copied. Source documents that CONTRACTOR must submit shall be determined by ADMINISTRATOR and /or COUNTY's Auditor - Controller. CONTRACTOR shall retain all financial records in accordance with Paragraph 26 (Records, Inspections, and Audits) of this Agreement. 19.3.3 Payments should be released by COUNTY within a reasonable time period of approximately -thirty (30) days after receipt of a correctly (WRRO216) Page 24 of 43 (April 4, 2017) 25A -26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 completed claim form and required supporting documentation. 19,3.4 Year End and Final Claims: 19.3,4.1 CONTRACTOR shall submit a final claim for each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement as stated in Paragraph 1, by no later than August 30t" of each corresponding COUNTY fiscal year. Claims received after August 30th of each corresponding COUNTY fiscal year may, at ADMINISTRATOR's sole discretion, not be reimbursed, ADMINISTRATOR may modify the date upon which the final claim per each COUNTY fiscal year must be received, upon written notice to CONTRACTOR. 19,3,4,2 The basis for final settlement shall be the actual allowable costs as defined in Title 45 CFR and 2 CFR, Part 225, incurred and paid by CONTRACTOR pursuant to this Agreement: limited, however, to the maximum obligation of COUNTY. In the event that any overpayment has been made, COUNTY may offset the amount of the overpayment against the final payment, In the event overpayment exceeds the final payment, CONTRACTOR shall pay COUNTY all such sums within five (5) business days of notice from COUNTY. Nothing herein shall be construed as limiting the remedies of COUNTY in the event an overpayment has been made, 19,3.5 Seventy -Five Percent Expenditure Notification: 19.3.5.1 CONTRACTOR shall maintain a system of record keeping that will allow CONTRACTOR to determine when it has incurred seventy - five percent (75%) of the total contract authorizations under this Agreement. Upon occurrence of this event, CONTRACTOR shall send written notification to ADMINISTRATOR. 20, OVERPAYMENTS Any payments) made by COUNTY to CONTRACTOR in excess of that to which CONTRACTOR is entitled under this Agreement shall be repaid to COUNTY, in (WRR0216) Page 25 of 43 (April 4. 2017) 25A -27 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 26 27 28 accordance with any applicable regulations and /or policies in effect during the 'term of this Agreement, or as established by COUNTY procedure. Any overpayments made by COUNTY which result from a payment by any other funding source shall be repaid, at the discretion of ADMINISTRATOR, to COUNTY or the funding source. Unless earlier repaid, CONTRACTOR shall make repayment within thirty (30) days after the date of the final audit findings report and prior to any administrative appeal process. In the event an overpayment owing by CONTRACTOR is collected from COUNTY by the funding source, then CONTRACTOR shall reimburse COUNTY within thirty (30) days thereafter and prior to any administrative appeal process. CONTRACTOR agrees to pay all costs incurred by COUNTY necessary to enforce the provisions set forth in this Paragraph. 21, OUTSTANDING DEBT CONTRACTOR shall have no outstanding debt with ADMINISTRATOR, or shall be in the process of resolving outstanding debt to ADMINISTRATOR's satisfaction, prior to entering into and during 'the term of this Agreement. 22. REVENUE 22.1 Whenever CONTRACTOR receives any money specifically designated for use in programs funded through this Agreement, such monies shall be considered a cost off -set and 'treated as a reduction against 'the amount claimed by CONTRACTOR, except far Program Income as defined in Title 45 CFR Section 92.25, as that section currently exists or may be hereafter amended, The procedure for designating money as Program Income is set forth in Paragraph 23 of this Agreement. 23. PROGRAM INCOME It is mutually understood that the State or Federal agency responsible for providing the funding for this Agreement may designate certain revenue of CONTRACTOR as Program Income. To be designated as Program Income and, therefore, as other than a cost off -set, CONTRACTOR shall do all of the 600216) Page 26 of 43 (April 4, 2017) 25A -28 1 2 3 4 5 6 7 8 9 1a 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 following: 23,1 Submit a plan to ADMINISTRATOR for the use of any and all proposed Program Income; 23.2 Set up and maintain a separate bank account for any proposed Program Income and account for any and all such income received; and 23,3 Report to ADMINISTRATOR any and all Program Income received no later than thirty (30) days from the date of receipt, record the amount received on internal 'Financial records and indicate the amount received on the monthly claim submitted to ADMINISTRATOR. 23.4 ADMINISTRATOR will then forward the plan for the requested use of the proposed Program Income to the appropriate State and /or Federal agencies for, approval. 23,5 CONTRACTOR shall not spend any of the proposed Program Income unless or until such time as ADMINISTRATOR obtains authorization for the use of the Program Income from the responsible State and /or Federal agency and provides CONTRACTOR with prior written approval for the use of the funds, 23.6 ADMINISTRATOR may issue future policy statements and /or instructions with respect to Program Income. CONTRACTOR shall immediately comply with such policy statements and /or instructions. 24. FINAL REPORT CONTRACTOR shall complete and submit to ADMINISTRATOR a final report within sixty (60) days after the termination of this Agreement, which shall summarize the activities and services provided by CONTRACTOR during the term of this Agreement. CONTRACTOR and ADMINISTRATOR may mutually agree in writing to modify the date upon which the final report must be submitted. 25. INDEPENDENT AUDIT 25.1 CONTRACTOR shall file with ADMINISTRATOR a copy of CONTRACTOR's certified annual organization -wide audit during the term of this Agreement in (WRR0216) Page 27 of 43 25A -29 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 compliance with the 31 UCS 7501 - 7507, as well as its implementing regulations under 2 CRF Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements -for Federal Awards. The audit must be performed in accordance with generally accepted government auditing standards and 2 CFR, Part 225, CONTRACTOR shall cooperate with COUNTY, State and/or Federal agencies to ensure that corrective action is taken within six (6) months after issuance of all audit reports with regard to audit exceptions. 25.2 It is mutually understood that CONTRACTOR's yearly fiscal cycle covers July 1 through June 30. CONTRACTOR shall provide ADMINISTRATOR copies of organization -wide audits for each of the fiscal cycles corresponding with the term of this Agreement. CONTRACTOR shall provide each audit within fourteen (14) calendar days of CONTRACTOR's receipt, Failure of CONTRACTOR to comply with this Paragraph shall be sufficient cause for ADMINISTRATOR to deny payment under this or any subsequent Agreement with CONTRACTOR until such time as the required audit(s) are provided to ADMINISTRATOR. ADMINISTRATOR may modify CONTRACTOR's audit submission deadline upon notice to CONTRACTOR. 26, RECORDS, INSPECTIONS AND AUDITS 26.1 Financial Records; 26.1.1 CONTRACTOR shall prepare and maintain accurate and complete financial records. Financial records shall be retained, by CONTRACTOR, for a minimum of five (5) years from the date of final payment under this Agreement or until all pending COUNTY, State and Federal audits are completed, whichever is later. 26.1,2 CONTRACTOR shall establish and maintain reasonable accounting, internal control and financial reporting standards in conformity with generally accepted accounting principles established by the American Institute of Certified Public Accountants and to the satisfaction of ADMINISTRATOR. (WRR0216) Page 28 of 43 (April 4, 2017) 25A -30 1 V 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26.2 Client Records: 26.2.1 CONTRACTOR shall prepare and maintain accurate and complete records of clients served and dates and type of services provided under the 'terms of this Agreement in a form acceptable to ADMINISTRATOR. 26.2,2 CONTRACTOR shall keep all COUNTY data provided to CONTRACTOR during the term(s) of this Agreement for a minimum of five (5) years from the date of final payment under this Agreement or until all pending COUNTY, State and Federal audits are completed, whichever is later. These records shall be stored in Orange County, unless CONTRACTOR requests and COUNTY provides written approval for the right to store the records in another county. Notwithstanding anything to the contrary, upon termination of this Agreement, CONTRACTOR shall relinquish control with respect to COUNTY data to COUNTY in accordance with Subparagraph 43.2. 26,2.3 COUNTY may refuse payment for a claim if client records are determined by COUNTY to be incomplete or inaccurate. In the event client records are determined to be incomplete or inaccurate after payment has been made, COUNTY may treat such payment as an overpayment within the provisions of this Agreement, 26.3 Public Records: To the extent permissible under the law, all records, including but not limited to, reports, audits, notices, claims, statements and correspondence, required by this Agreement may be subject to public disclosure, COUNTY will not be liable for any such disclosure. 26.4 Inspections and Audits: 26.4.1 The U,S, Department of Health and Human Services, Comptro'l'ler General of the United States, Director of COSS, State Auditor - General, ADMINISTRATOR, COUNTY's Auditor - Controller and Internal Audit Department, or any of their authorized representatives, shall have access to (WRR0215) Page 29 of 43 25A -31 (April 4, 2017) 1 2 3 4 5 6 7 8 9 1D 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 any books, documents, papers and records, including medical records, of CONTRACTOR which any of them may determine to be pertinent to this Agreement for the purpose of financial monitoring. Further, all the above mentioned persons have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this Agreement and the premises in which it is being performed. 26.4.2 CONTRACTOR shall make its books and financial records available within the borders of Orange County within ten (10) days of receipt of written demand by ADMINISTRATOR. 26.4.3 In the event CONTRACTOR does not make available 'its books and financial records within the borders of Orange County, CONTRACTOR agrees to pay all necessary and reasonable expenses Incurred by COUNTY, or COUNTY's designee, necessary to obtain CONTRACTOR's books and financial records. 26.4,4 CONTRACTOR shall pay to COUNTY the full amount of COUNTY's liability to the State or Federal government or any agency thereof resulting from any disallowances or other audit exceptions to the extent that such liability is attributable to CONTRACTOR's failure to perform under this Agreement. 26,5 Evaluation Studies: 26.5,1 CONTRACTOR shall participate as requested by COUNTY in research and /or evaluative studies designed to show the effectiveness and /or efficiency of CONTRACTOR's services or provide information about CONTRACTOR's project. 27, PERSONNEL DISCLOSURE 27,1 CONTRACTOR shall make available to ADMINISTRATOR a current list of all personnel providing services hereunder, including r6sumes and job applications. Changes to the list will be immediately provided to ADMINISTRATOR in writing, along with a copy of a r6sum4 and /or job (WRR0216) wage 30 of 43 (April 4, 2017) 25A -32 1 2 3 4 5 6 7 8 9 10 U. 12 13 14 15 16 17 18 19 20 21 22 23 2.4. 25 26 27 28 application. The list shall include: 27.1.1 Names and dates of birth of all full or part -time personnel by title, including volunteer personnel, whose direct services are required to provide the programs described herein; 27.1.2 A brief description of the functions of each position and the hours each person works each week: or for part -time personnel, each day or month, as appropriate; 27,1.3 The professional degree, if applicable, and experience required for each position; and 27.1.4• The language skill, if applicable, for all personnel. 27.2 Where authorized by law, CONTRACTOR's employment applications shall require applicants to provide detailed Information regarding the conviction of a crime by any court, for offenses other than minor traffic offenses. Information not disclosed in the employment application discovered subsequent to the hiring or promotion of any applicant shall be cause for termination of that employee from the performance of services under this Agreement, 27.3 Where authorized by law. CONTRACTOR shall conduct, at no cost to COUNTY, a clearance on the following public websites the names and dates of birth for all employees and /or volunteers who will have direct, interactive contact with clients served through this Agreement: U.S. Department of Justice National Sex Offender Website (www.nsopw.gov) and Megan's Law Sex Offender Registry (www.meganslaw.ca.gov). 27,4 Where authorized by law, CONTRACTOR shall conduct, at no cost to COUNTY, a criminal record background check on all employees (direct service and administrative) funded through this Agreement and also all non - funded staff (e.g., volunteers, in -kind staff, etc.) who will have direct, interactive contact with clients served through this Agreement. Background (WRR0216) Page 31 of 43 25A -33 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 checks conducted through the California Department of Justice shall include a check of the California Central Child Abuse Index, when applicable. Candidates will satisfy background checks consistent with this paragraph and their performance of services under this Agreement. 27.5 In the event a record is revealed 'through the processes described In Subparagraphs 27,3 and 27,4, COUNTY will be available to consult with CONTRACTOR on appropriateness of personnel providing services through this Agreement. 27.6 CONTRACTOR warrants that all persons employed or otherwise assigned by CONTRACTOR to provide services under this Agreement have satisfactory past work records and /or reference checks indicating their ability to perform the required duties and accept the kind of responsibility anticipated under this Agreement. CONTRACTOR shall maintain records of background investigations and reference checks undertaken and coordinated by CONTRACTOR for each employee and /or volunteer assigned to provide services under this Agreement for a minimum of five (5) years from the date of final payment under this Agreement or until all pending COUNTY, State and Federal audits are completed, whichever is later, in compliance with all applicable laws. 27.7 CONTRACTOR shall immediately notify ADMINISTRATOR concerning the arrest and /or subsequent conviction, for offenses other than minor traffic offenses, of any paid employee and /or volunteer staff performing services under this Agreement, when such information becomes known to CONTRACTOR. ADMINISTRATOR may determine whether such employee and /or volunteer may continue to provide services under this Agreement and shall provide notice of such determination to CONTRACTOR in writing, CONTRACTOR's 'failure to comply with ADMINISTRATOR's decision shall be, deemed a material breach of this Agreement, pursuant to Paragraph 18 above. (M0216) Page 32 of 43 25A -34 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 CA! 25 26 27 28 27,8 COUNTY has the right to approve or disapprove all of CONTRACTOR's staff performing work hereunder and any proposed changes in CONTRACTOR's staff. 27.9 COUNTY shall have the right to require CONTRACTOR to remove any employee from the performance of services under this Agreement, At the request of COUNTY, CONTRACTOR shall immediately replace said personnel. 27.10 CONTRACTOR shall notify COUNTY immediately when staff is terminated for cause 'Prom working on this Agreement, 27.11 Disqualification, if any, of CONTRACTOR staff, pursuant to Paragraph 27, shall not relieve CONTRACTOR of its obligation to complete all work in accordance with the terms and conditions of this Agreement. 28, CHILD AND DEPENDENT ADULTICLDER ABUSE REPORTING CONTRACTOR shall establish a procedure acceptable to ADMINISTRATOR to ensure that all employees, volunteers, consultants or agents performing services under this Agreement report child abuse or neglect to one of the agencies specified in Penal Code Section 11165.9 and dependent adult or elder, abuse as defined in Section 15610,07 of the WIC to one of the agencies specified in WIC Section 1.5630. CONTRACTOR shall require such employee, volunteer, consultant or agent to sign a statement acknowledging the child abuse reporting requirements set forth in Sections 11166 and 11166.05 of the Penal Code and the dependent adult and elder abuse reporting requirements as set forth in Section 15630 of the WIC and will comply with the provisions of these code sections as they now exist or as they may hereafter be amended. 29. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW CONTRACTOR shall notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Orange County and where and how to safely surrender a baby, The fact: sheet is available on the Internet at www,babLsefe.ca,rUo_v for printing purposes. The information (WRR0216) Page 33 of 43 25A -35 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be posted in all reception areas where clients are served. - 30, CONFIDENTIALITY 30.1 CONTRACTOR agrees to maintain the confidentiality of its records pursuant to WIC Sections 827 and 1085010853, 'the COSS MPP, Division 19 -000, and all other provisions of law, and regulations promulgated thereunder relating to privacy and confidentiality, as each may now exist or be hereafter, amended. 30.2 All records and information concerning any and all persons referred to CONTRACTOR by COUNTY or COUNTY's designee shall be considered and kept confidential by CONTRACTOR and CONTRACTOR's employees, volunteers, agents, and subcontractors. CONTRACTOR shall require all of its employees, volunteers, agents, subcontractors and partners who may provide services for CONTRACTOR under this Agreement to sign an agreement with CONTRACTOR before commencing the provision of any such services, to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all participants referred to CONTRACTOR by COUNTY, except as may be required to provide services under this Agreement or to those specified in this Agreement as having the capacity to audit CONTRACTOR, and as to the latter, only during such audit. CONTRACTOR shall comply with any audits specified in Paragraph 26, provide reports and any other information required by COUNTY in the administration of this Agreement, and as otherwise permitted by law. 30.3 CONTRACTOR shall inform all of its employees, volunteers, agents, subcontractors and partners of this provision and that any person violating the provisions of said California state law may be guilty of a crime. 30.4 CONTRACTOR agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this Agreement. (WRR0216) Page 3/1, of 43 25A -36 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2,8 31, SECURITY 31.1 CONTRACTOR shall immediately notify COUNTY of any and all unauthorized disclosures of COUNTY data of which CONTRACTOR or its staff is aware or has knowledge, After such notification, CONTRACTOR shall, at its own expense: 31.1,1 Investigate to determine the nature and extent of the unauthorized disclosure. 31,1,2 Contain the incident by, among things, attempting to recover records, revoking access and /or correcting weaknesses in security. CONTRACTOR shall reimburse COUNTY for all notification - related costs incurred by COUNTY arising out of or in connection with the unauthorized disclosure as legally required 31.1.3 For services provided under this Agreement, CONTRACTOR shall ensure that all confidential information must be held in the strictest confidence, can only be accessed by those with a need to know and is protected to prevent unauthorized or inadvertent access, Confidential electronic information must be stored in an encrypted format. Confidential information stored in a paper format must be transported, handled, secured and destroyed In a manner that to prevent unauthorized access. 32, COPYRIGHT ACCESS The U.S. Department of Health and Human Services, the CUSS, and COUNTY will have a royalty -free, nonexclusive and irrevocable license to publish, translate, or, use, now and hereafter, all material developed under this Agreement including those covered by copyr'igh't. 33, 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 MR0216) Page 35 of 43 (April 4, 2017) 25A -37 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 C;, 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. 34, PETTY CASH CONTRACTOR is authorized to establish a petty cash fund in an amount not to exceed one thousand dollars ($1,000). 35. PUBLICITY 35.1 Information and solicitations, prepared and released by CONTRACTOR, concerning the services provided under this Agreement shall state that the program, wholly or in part, is funded through COUNTY. State and Federal government funds. 35.2 CONTRACTOR shall not disclose any details in connection with this Agreement to any person or entity except as may be otherwise provided hereunder or required by law. However, in recognizing CONTRACTOR's need to identify -its services and related clients to sustain itself, COUNTY shall not Inhibit CONTRACTOR from publishing its role under this Agreement within the following conditions; 35.2.1 CONTRACTOR shall develop all publicity material in a professional manner; and 35.2,2 During the term of this Agreement, CONTRACTOR shall not, and shall not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of COUNTY without the prior written consent of COUNTY. COUNTY shall not unreasonably withhold written consent. 35.3 COUNTY owns all rights to the name, logos and symbols of COUNTY, The use and /or reproduction of COUNTY's name and /or logo for any purpose, (WRR0216) Page 36 of 43 (April 4, 2017) 25A -38 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 including commercial advertisement, promotional purposes, announcements, displays or press releases, without COUNTY's prior written consent is expressly prohibited. 36. COUNTY RESPONSIBILITIES. ADMINISTRATOR will provide consultation and technical assistance and will monitor performance of CONTRACTOR in meeting the terms of 'this Agreement. 37, REFERRALS 37.1 CONTRACTOR shall provide services to individuals referred by ADMINISTRATOR. 38, REPORTS 38.1 CONTRACTOR shall provide information deemed necessary by ADMINISTRATOR to complete any State- required reports related to the services provided under this Agreement. 38,2 CONTRACTOR shall maintain records and submit reports containing such data and information regarding the performance of CONTRACTOR's services, costs or other data relating to this Agreement, as may be requested by ADMINISTRATOR, upon a form approved by ADMINISTRATOR. ADMINISTRATOR may modify the provisions of this Paragraph upon written notice to CONTRACTOR. 39. ENERGY EFFICIENCY STANDARDS As applicable, CONTRACTOR shall comply with the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (Title 24, CCR). 40, ENVIRONMENTAL PROTECTION STANDARDS CONTRACTOR shall be in compliance with the Clean Air Act [Title 42 USC Section 7401 et seq.], the Clean Water Act (Title 33 USC Section 1251 et seq.), Executive Order 11738 and Environmental Protection Agency, hereinafter referred to as "EPA," regulations (Title 40 CFR), as any may now exist or be hereafter amended. Under these laws and regulations, CONTRACTOR assures that: (WRR0216) Page 37 of 43 (April 4, 2017) 25A -39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 40,1 No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; 40.2 It will notify COUNTY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and 40,3 It will notify COUNTY and EPA about any known violation of the above laws and regulations. 41. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS CONTRACTOR shall be in compliance with Section 319 of Public Law 101 -121 pursuant to Title 31 USC Section 1352 and the guidelines with respect to those provisions set down by the OMB and published in the Federal Register dated December 20, 1989, Volume 54, No, 243, pp, 52306 - 52332. Under these laws and regulations, it is mutually understood that any contract which utilizes Federal monies in excess of $100,000 must contain and CONTRACTOR must certify compliance utilizing a form provided by ADMINISTRATOR that cites the following; A. The definitions and prohibitions contained in the clause at Federal Acquisition Regulation 62.203 -12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in Paragraph (B) of this certification. B. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989, that 1) No 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 on his or her behalf in (WRR0216) Page 38 of 43 (April 4, 2017) 25A -40 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 4 27 28 connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; 2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer: and 3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. C. Submission of this certification and disclosure is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, USC. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. 42. POLITICAL ACTIVITY CONTRACTOR agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law. 43. TERMINATION PROVISIONS 43,1 ADMINISTRATOR may terminate this Agreement without penalty (WRR0216) Page 39 of 43 (April 4, 2017) 25A -41 1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 immediately with cause or after thirty (30) days written notice without cause, unless otherwise specified. Notice shall be deemed served on the date of mailing. Cause shall include but not be limited to any breach of contract, any partial misrepresentation whether negligent or willful, fraud on the part of CONTRACTOR, discontinuance of the services for reasons within CONTRACTOR's reasonable control, and repeated or continued violations of COUNTY ordinances unrelated to performance under this Agreement that in the reasonable opinion of COUNTY indicate a willful or reckless disregard for COUNTY laws and regulations, Exercise by ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of all further obligations under this Agreement. 43.2 For ninety (90) calendar days prior to the expiration date of this Agreement, or upon notice of termination of this Agreement ( "Transition Period "), CONTRACTOR agrees to cooperate with ADMINISTRATOR in the orderly transfer of service responsibilities, active case records, and pertinent documents. The Transition Period may be modified as agreed upon in writing by the Parties. During the Transition Period, service and data access shall continue to be made available to COUNTY without alteration. CONTRACTOR also shall assist COUNTY in extracting and /or transitioning all data in the format determined by COUNTY, 43,3 In the event of termination of this Agreement, cessation of business by CONTRACTOR or any other event preventing CONTRACTOR from continuing to provide services, CONTRACTOR shall not withhold the COUNTY data or refuse for any reason, to promptly provide to COUNTY the COUNTY data if requested to do so on such media as reasonably requested by COUNTY, even if COUNTY is then or, is alleged to be in breach of this Agreement. 43.4 The obligations of COUNTY under this Agreement are contingent upon the availability of Federal and /or State 'funds, as applicable, for the (WRR0216) Page 40 of 43 (April 4, 2017) 25A -42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 26 27 28 reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds for the services hereunder in the budget approved by the Orange County Board of Supervisors each fiscal year this Agreement remains in effect or operation, In the event that such funding is terminated or reduced, ADMINISTRATOR may Immediately terminate this Agreement, reduce COUNTY's maximum obligation, or modify this Agreement, without penalty. The decision of ADMINISTRATOR will be binding on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with written notification of such determination, CONTRACTOR shall immediately comply with ADMINISTRATOR's decision, 43.6 If any term, covenant, condition, or provision of this Agreement or the application thereof is held invalid, void, or unenforceable, the remainder of the provisions in this Agreement shall remain in full -force and effect and shall in no way be affected, impaired, or invalidated thereby, 44, GOVERNING LAW AND VENUE This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California, without reference to conflict of law provisions. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notw'i'thstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for trial to another county, 45. SIGNATURE IN COUNTERPARTS The parties agree that separate copies of this Agreement may be signed by each of the parties, and this Agreement will have the same force and effect as if the original had been signed by all the parties, (WRR0216) Page 41 of 43 25A -43 (April 4, 2017) 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 27 28 CONTRACTOR represents and warrants that the person executing this Agreement on behalf of and for CONTRACTOR is an-authorized agent who has actual authority to bind CONTRACTOR to each and every term, condition and obligation of this Agreement and that all requirements of CONTRACTOR have been fulfilled to provide such actual authority, Ill !/r (WRR0216) Page 42 of 43 (April 4, 2017) 25A -44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, the parties hereto have executed this Agreement in the County of Orange, California. Dated: Attest: GERARDO MOUET ACTING CITY MANAGER OF SANTA ANA MARIA D. HUIZAR CLERK OF THE COUNCIL CHAIRWOMAN OF THE BOARD OF SUPERVISORS COUNTY OF ORANGE, CALIFORNIA Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. SEC. 25103, RESO 79 -1535 ATTEST: ROBIN STILLER Clerk of the Board County of Orange, California APPROVED AS TO FORM COUNTY COUNSEL COUNTY OF ORANGE, CALIFORNIA By: Dated: (WRR0216) DEPUTY Page 43 of 43 25A -45 AS TO FORM; CITY ATTORNEY (April 4. 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 M EXHIBIT A TO AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE 1. PROGRAM OBJECTIVE AND GOALS It is mutually understood that the primary objective of the CalWORKs program is to promote family well -being by enhancing employability of Participants through engagement in preparatory activities and placement in paying jobs, with appropriate support, where they will earn enough, or consistently progress toward enough earnings, to be considered self - sufficient and leave the program within State and Federal requirements. 1.1 CONTRACTOR shall provide Vocational Training (VTR) and Work Experience (WEX) activities to Participants to prepare them for unsubsidized employment. 1.2 CONTRACTOR shall meet each of the following goals throughout the term of 'this Agreement: 1.21 VTR Enrollments: A minimum of eighty percent (80 %) of all Participants shall be enrolled in VTR activities. 1.2.2 WEX Enrollments: A minimum of eighty percent (80 %) of all Participants shall be enrolled in WEX activities 123 VTR Completion Rate: A minimum of seventy percent (70 %) of Participants exiting VTR activities will complete the activities. 1.2,4 WEX Completion Rate: A minimum of seventy percent (70 %) (WRR0216) Page I of 26 (April 4, 2017) 25A -46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 W1 27 28 of Participants exiting WEX activities will complete the activities. 1.2.5 VTR Employment Rate: A minimum of sixty percent (60 %) of Participants who attend VTR activities will obtain unsubsidized employment within forty -five (45) calendar clays of completing VTR activities, CONTRACTOR and ADMINISTRATOR may mutually agree in writing 'to extend the forty -five (45) calendar days to sixty (60) days when certification is delayed through no fault of the CONTRACTOR. Employment will be verified on a format approved by ADMINISTRATOR. 1.2,6 WEX Employment Rate: A minimum of sixty percent (60 %) of Participants who attend WEX activities will obtain unsubsidized employment within thirty (30) calendar days of completing WEX activities, Employment will be verified on a format approved by ADMINISTRATOR 2. POPULATION TO BE SERVED 2.1 Participants who meet all of the following criteria may be referred for VTR or WEX activities, per SSA policy: 2.1,1 Are required to participate, or have voluntarily enrolled, in the CalWORKs /WTW program pursuant to State regulations; 2.1.2 Have not obtained unsubsidized employment sufficient to meet the minimum required hours of WTW participation; 2.1.3 Are deemed suitable for the activity by WTW Staff; 2,1.4 Continue to meet Ca1WORKs eligibility criteria; and 2.1.5 Reside in Orange County. 2.2 CONTRACTOR agrees to provide services to Participants referred to CONTRACTOR by WTW Staff under this Agreement. 2.3 If CONTRACTOR identifies the need to refuse Participants or take actions that might negatively impact participation in the enrolled activity, CONTRACTOR will obtain concurrence from WTW staff prior to taking action, (WRR02'16) Page 2 of 26 25A -47 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 3, DEFINITIONS 3,1 America's Job Centers of California: Employment -based facilities integrating community based service providers into single workforce centers, in which COUNTY participates, that provide comprehensive career services and labor market information to Participants seeking jobs under various Federal and State funded programs. The centers are established statewide under S.B, 1417 (Chapter 819, Statutes of 1994), to implement a collaborative system of employment, training and education programs and services, in support of California's economic development, Santa Ana America's Job Center of California is also referred to as the WORK Center, 3.2 Barriers to Employment: Circumstances that interfere with WTW participation, employment, or job search, 3.3 CalWORKs; California Work Opportunity and Responsibility to Kids Act of 1997 as described in WIC Section 11200 of seq. 3.4 Participant: An individual who is required to participate, or has voluntarily enrolled. in the Ca1WORKs /WTW program pursuant to State regulations and is referred by WTW Staff to CONTRACTOR. 3.5 Placement: Employment of a WTW Participant who is meeting required WTW participation hours through unsubsidized employment and is earning at least the prevailing California minimum wage. 3.6 Santa Ana Workforce Development Board (SA WDB): Santa Ana Workforce Investment Board was established under the Federal Workforce Investment Act (NIA) of 1998, The Board was renamed to Santa Ana Workforce Development Board (SA WDB) following the Workforce Innovation and Opportunity Act (WIDA) which was signed into law on July 22, 2014.SA WDB provides oversight to workforce development activities that increase the employment, retention, and earnings of Participants, and increase attainment of occupational skills by Participants. Workforce development activities (WRR0216) Page 3 of 26 (April 4, 2017) 25A -48 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 26 27 28 authorized by WIOA are provided at the local level via the America's Job Centers of California, as defined in Subparagraph 3.1 above, 'to individuals In need of those services, including job seekers, dislocated workers, youth, incumbent workers, new entrants to the workforce, veterans, persons with disabilities and employers. 3.7 Santa Ana Workforce Development Board Case Manager (SA WD8 CM): An employee of the Santa Ana WORK Center, a division of the City of Santa Ana, assigned to work with the Participant and WTW Staff throughout the Vocational Training (VTR) and Work Experience (WEX) activities 3.8 Supportive Services: Payments provided to or on behalf of Participants for child care, transportation, and /or ancillary expenses. 3.9 Unsubsidized Employment: Employment without government subsidy. 3.10 Vocational Assessment: An evaluation of employability and the need for, employment support services considering work history, employment skills, knowledge and abilities, education, educational competency level, local labor, market conditions, physical limitations, or mental conditions. Vocational Assessments are conducted through another COUNTY contracted service provider, 3,11 Welfare -To -Work (WTW): A mandated program under the CalWORKs Act which requires non - exempt parents or caretakers in families receiving Ca1WORKs assistance to meet work requirements by participating in WTW activities, with a goal of unsubsidized employment leading to self - sufficiency. 3.12 WTW Activities: Allowable activities to which the Participant may be assigned as specified in the WIC and CaIWORKs WTW regulations and COUNTY policies and procedures. 3.13 WTW Staff: ADMINISTRATOR's staff and other contracted staff with the authority to refer Participants for services. 4. SERVICES 4.1 CONTRACTOR shall provide employment services to Participants in (WRR0216) Page 4 of 26 25A -49 (April 4, 2017) 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 the form of vocational training and paid work experience to meet the required participation hours as referred by WTW Staff. 4.2 CONTRACTOR shall provide VTR activities not to exceed twelve (12) months, to prepare Participants for employment in a specific trade, occupation, or vocation. CONTRACTOR shall arrange for VTR activities 'Lo take place at vocational - technical schools, postsecondary institutions, or proprietary schools. CONTRACTOR shall make VTR activities available to Participants in areas identified as growth oriented, current or emerging occupations, meeting an unmet community need, and in high demand for new employees including, but not be limited to, the 'Following -fields; 4.2,1 Certified Nurse's Assistant; 4.2.2 Office Technology; 4.2.3 Child Care provider; 4.2.4 Medical Tiers Collections; 4.2.5 Health Care careers; 4,2.6 Hospitality; 4.2.7 Protective Services; and 4.2.8 Transportation, 4.3 CONTRACTOR shall provide WEX, not to exceed twelve (12) weeks -in length, unless approved in advance by ADMINISTRATOR for a different period. The WEX work site may include public or private, for - profit or nonprofit organizations. WEX is an activity designed to provide the participant exposure to work environments. Under close supervision, WEX activities provide basic job skills and enhance existing job skills and work experience while meeting an identified community need. 4.4 CONTRACTOR shall be reimbursed by COUNTY for one hundred percent (100 %) of the salary and benefits paid 'to each WEX participant. CONTRACTOR shall pay WEX participants at a rate not to exceed the prevailing California (WRR0216) Page 5 of 26 (April 4. 2017) 25A -50 1 2 3 4� 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Minimum Wage, for each hour worked, not to exceed the total number of hours referred by WTW Staff. Overtime pay will not be permitted without prior approval from ADMINISTRATOR. Participants may be paid for COUNTY holidays as identified in Subparagraph 14.1.2 of this Exhibit A to this Agreement, with prior approval from ADMINISTRATOR. At the end of the training period it is expected that the employer providing the WEX activity will hire the participant as a regular employee, 4.5 CONTRACTOR shall obtain prior approval from ADMINISTRATOR for changes related to the administration of VTR and WEX activities provided under this Agreement. 5. CONTRACTOR RESPONSIBILITIES CONTRACTOR shall: 5.1 Assign a SA WDB CM who will work closely with each Participant to understand the Participant's needs, assess career goals, arrange an appropriate VTR or WEX activity, and monitor Participant's attendance and progress. 5.2 Discuss with WTW Staff as soon as barriers /noncooperation issues are identified in order to come up with the best action plan to help Participants complete the VTR or WEX activity, 5.3 Provide an orientation to Participants of VTR or WEX activities, 6.4 Provide workshops that will enhance Participants' success on the Job, empower Participants to manage conflict and change at the workplace, and assist Participants in discovering opportunities for growth and development at any job, 5.5 Provide training, case management, and coaching to the Participant in order to address barriers, ensure completion of VTR /WEX activity and assist in obtaining employment. 5.6 Work with and motivate difficult to place Participants who have VR0216) Page 6 of 26 (April 4, 2017) 25A -51 I K 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 multiple barriers, which may include a resistance to program participation. 5.7 Provide services to meet ethnic diversity in a manner responsive to individuals with literacy, language and sociocultural issues that demonstrate language or cultural barriers to employment, including resistance to pursuing employment in occupations that may be perceived as nontraditional. 5.8 Resolve attitudinal barriers toward obtaining and retaining employment, such as fear of going to work, anger and resentment -from being required to participate, low self - esteem /mot-ivation, problems with accessing and navigating public transportation, and child care concerns. 5.9 Assign the Participant to an appropriate VTR or WEX activity based on the Participant's vocational assessment, experience, and interest within seven (7) business days from the date of the referral, unless otherwise directed by ADMINISTRATOR. 5.10 Monitor the progress of all Participants by meeting every two (2) weeks, or more often if needed, with the Participant and the training facility or work site to discuss action steps needed to successfully complete the program. 5.11 Use positive reinforcement techniques and work closely with Participants to resolve barriers and motivate compliance. 5.12 Refer Participants to WTW Staff for assistance with employment supportive services needs, such as food, transportation, housing, mental health and substance abuse issues, legal assistance, and clothing, as appropriate. 5.13 Continue to work with the Participant in job search activities for forty -five (46) days after completion of the VTR activity, unless otherwise extended to sixty (60) days per Subparagraph 1.2.5. 5.14 Maintain a case file for each Participant served under this Agreement in a format approved by ADMINISTRATOR. The case file will include, (WRR0216) Page 7 of 26 (Apr11 4, 2017) 25A -52 1 2 3 4 5 but not be limited to, the following; 5,14.1 Initial referral form; 5.14.2 Documentation of all correspondence in regards to the Participant's participation in the VTR or WEX activities, including any correspondence involving any subcontractors; 5.14.3 Participant attendance records; 5,14.4 Documentation, including dates, of any problems reported at the VTR training site or WEX work site; and 5.14.5 All correspondence related to any Participant's Workers' Compensation injury. 5.15 Develop relationships with local businesses by networking and developing work sites for WEX participants. 5.16 Develop appropriate VTR training sites and WEX sites in the community, monitor Participant's attendance, and communicate Participant and attendance issues with WTW Staff, as determined by ADMINISTRATOR. 5.17 Attend meetings as requested by ADMINISTRATOR. 5.18 Cooperate with ADMINISTRATOR with respect to sanctions applied by ADMINISTRATOR to Participants in the event of Participant non - cooperation. This may include testifying at Participant non-compliance hearings. 5.19 Provide internal Forms that are not mandated by ADMINISTRATOR or by program requirements for review and approval by ADMINISTRATOR prior to implementation. 5.20 Ensure that all services provided to Participants under this Agreement are conducted in a manner responsive to literacy, language, and socio- cultural issues 'that may impact Participants. CONTRACTOR's staff shall be trained in cultural differences to ensure their ability to recognize and assist Participants who demonstrate language or cultural barriers to employment, including resistance to participation in VTR and WEX activities, (WRR0216) Page 8 of 26 (April 4, 2017) 25A -53 1 2 3 4 5 6 s w 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.4. 25 26 27 28 CONTRACTOR shall employ staff who will provide services in the Participant's language or obtain interpreters when necessary. 6. PRINCIPLES CONTRACTOR shall ensure that the delivery of services is based on the following principles: 6.1 Opportunities shall be maximized to provide integrated, coordinated and easily accessible resources for Participants; 6.2 Services shall be family- friendly and family - centered; 6,3 Services shall be community -based and provide integrated services that coordinate Federal, State and community funding opportunities; 6.4 Participants' strengths shall be identified, utilizing motivational and strength -based techniques; and 6.5 Services shall be outcome - driven and identify indicators that accurately reflect progress towards stated goals. 7. OUTSIDE CONTACTS: CONTRACTOR shall: 7.1 Immediately inform ADMINISTRATOR of any inquiry from an elected official or their representative not already associated with CONTRACTOR, participant representative, or the press, and immediately provide information in order for ADMINISTRATOR to respond. 7.2 Consult with ADMINISTRATOR prior to initiating contact with a participant representative or the press. 7.3 Inform ADMINISTRATOR prior to initiating contact with an elected official or their representative. 8. FACILITIES 8,I It is mutually understood that VTR and /or WEX activities shall be provided at a variety of facilities /work sites throughout Orange County, as defined by CONTRACTOR, it is mutually understood that Participants will be (4RR0216) Page 9 of 26 (April 4, 2017) 25A -54 1 2 3 4 5 6 7 a 9 10 11 12 13 14• 16 16 17 18 19 20 21 22 23 24 25 26 27 28 referred to CONTRACTOR at the following facility; Santa Ana WORK Center 1000 E. Santa Ana Blvd,, Suite 200 Santa Aria, CA 92701 8.2 Participants will have access to the Santa Ana WORK Center where they can access a wide variety of resources including labor market information and job vacancy listings. They will also have full access to computers with Internet connectivity, telephones. faxes. and copy machines. 8.3 CONTRACTOR and ADMINISTRATOR may mutually agree in writing to add, change, modify, or delete facility locations as necessary to best serve 'the needs of Participants and ADMINISTRATOR. 9. REPORTING REQUIREMENTS 9.1 CONTRACTOR shall maintain records, collect data, and provide reports mandated by Federal and State governments and as may be required by ADMINISTRATOR. Reporting requirements shall include all reports and data collection that is required to track goals and report progress, 9.2 Reports of problems, attendance issues, or other inquiries about VTR /WEX activities shall be addressed immediately with the affected Participant and WEX employer or VTR instructor; CONTRACTOR shall inform WTW Staff within twenty -four (24) hours, through verbal or electronic communication, to allow quick intervention to address the issue with the Participant. 9.3 CONTRACTOR shall report each Participant's monthly attendance and progress, including achievements, by the tenth (10th) calendar day of the following month in a format approved by ADMINISTRATOR. For example, the Participant's monthly report for January is due February 10. 9.4 CONTRACTOR shall provide, by the tenth (10th) calendar day of each month, a cumulative status report for the preceding month, in a format approved by ADMINISTRATOR. The monthly status report shall identify, but not (WRR0216) Page 10 of 26 (April 4, 2017) 25A -55 1 2 3 4 5 6 I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be limited to, the following data elements; 9,4,1 Referrals received; 9.4.2 Participants enrolled; 9.4.3 Participants returned to ADMINISTRATOR; 9.4,4 Participants disenrolled by WTW Staff; 9,4.5 Participants carried forward from previous month; 9.4.6 Completions of VTR /WEX activity; 9.4.7 Placements in unsubsidized employment; 9.4.8 Average wage: and 9.4,9 Complaints received. 10. PERFORMANCE MONITORING AND REVIEW 10.1 CONTRACTOR's performance will be monitored and reviewed by ADMINISTRATOR. CONTRACTOR shall cooperate and assist ADMINISTRATOR in monitoring performance. ADMINISTRATOR will conduct case reviews as part of an on-going evaluation of CONTRACTOR's performance. 10.2 ADMINISTRATOR may use a variety of Inspection methods to evaluate CONTRACTOR's performance, including but not limited to: 10.2.1 Random sampling of program activities including a review of case files each month: 10,2.2 Activity checklists and random observations; 10.2.3 Inspect output items on a periodic basis as deemed necessary; 10.2.4 Monthly statistical reports; 10.2.5 Participants' complaints and /or Participants' questionnaires; and 10.2.6 Complaints received by CONTRACTOR. ID.3 ADMINISTRATOR may require corrective action plans when it is determined that services are performed unsatisfactorily during the review (WRR0216) Page 11 of 26 (April 4. 2017) 25A -56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 period. CONTRACTOR shall remedy the performance defects within the time period specified in the corrective action plan. Nothing in this section shall limit the COUNTY's ability to terminate this agreement pursuant to Paragraph 43. 10.4 Performance evaluation meetings will be conducted by ADMINISTRATOR as necessary. 10.5 CONTRACTOR shall cooperate with ADMINISTRATOR in providing the information necessary for monitoring this Agreement, and with authorized State or Federal representatives who may audit WTW Program services, 11• (QUALITY CONTROL 11.1 CONTRACTOR shall maintain a complete internal Quality Control Plan to ensure that the requirements of this Agreement are met. The Quality Control Plan shall include, but not be limited to: 11.1.1 Activities to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the title of the individual(s) who will perform the inspections; 11.1,2 Specific methods to identify and prevent deficiencies in the quality of service performed, prior to unacceptable performance levels; 11.1.3 Method for continuing services in the event of an emergency, such as a strike of CONTRACTOR's employees or a natural disaster; and 11,1.4 Maintenance of all inspection files and, if necessary, corrective action taken. 11.2 CONTRACTOR shall cooperate with any third party audit or inspections as required by ADMINISTRATOR or other COUNTY, State or Federal agency. 12. WELFARE FRAUD If Ca1WORKs eligibility or Supportive Services payment fraud is (WRR0216) Page 12 of 26 25A -57 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 suspected, CONTRACTOR staff shall inform the appropriate designated COUNTY staff within 48 hours of awareness of any suspected fraud, 13. HANDLING COMPLAINTS 13.1 CONTRACTOR shall develop, operate, and maintain procedures for receiving, investigating and responding to complaints. 13.2 CONTRACTOR staff shall maintain a log for identification and response to complaints, When complaints cannot be resolved informally, a system of follow - through shall be instituted. Responses to complaints should occur within two (2) business days, unless otherwise authorized by ADMINISTRATOR. 13.3 When CONTRACTOR believes any complaint may have legal implications for CONTRACTOR or COUNTY, CONTRACTOR shall forward such complaint immediately 'to ADMINISTRATOR prior to responding to the complaint. 13,4 CONTRACTOR shall provide to ADMINISTRATOR, in a form approved by ADMINISTRATOR, information pertaining to complaints, as well as CONTRACTOR's response to any complaints as described above within ten (10) business days of the complaint, except as provided 'for in Subparagraph 13.3. CONTRACTOR shall provide a summary of all complaints as prescribed and on a format approved by ADMINISTRATOR. Complaints include, but are not limited to, complaints from Participants, other COUNTY contracted service providers, community organizations, and the public. 13,5 Formal Grievance Process and State Hearing 13.5.1 CONTRACTOR shall inform each Participant of his or her State Hearing and Civil Rights, and of his or her right to request a review by a COUNTY worker of a grievance should the Participant disagree with an action made by CONTRACTOR. 13,5.2 Grievance Rights and Civil Rights notices, in multiple languages, shall be posted in WTW office(s) where all Participants can (WRR0216) Page 13 of 26 25A -58 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 easily see them, in accordance with Subparagraph 8.6 of this Agreement. 13.5.3 CONTRACTOR shall attend COUNTY Formal Grievance Hearings and State Hearings when requested, and comply with the decisions of the Hearing Officers. All actions involving the Formal Grievance Process and State Hearings shall be properly documented by CONTRACTOR. 14, HOURS OF OPERATION 14.1.1 CONTRACTOR shall provide service hours that are responsive to the needs of the target population, as determined by ADMINISTRATOR, At a minimum, CONTRACTOR shall provide services during business days Monday through Friday, from 8:00 a.m. to 5 :00 p.m., except COUNTY holidays as established by the Orange County Board of Supervisors, In addition, CONTRACTOR shall address expanded work hours of operation during the evening and on weekends to address Participant needs. 14.1.2 CONTRACTOR's holiday schedule shall not exceed COUNTY's holiday schedule which is as follows: New Year's Day, Martin Luther King Day, President Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. CONTRACTOR shall obtain prior written approval from ADMINISTRATOR for any closure outside of COUNTY's holiday schedule or the hours in Paragraph 14.1.1. Any unauthorized closure shall be deemed a material breach of this Agreement, pursuant to Paragraph 18, and shall not be reimbursed. CONTRACTOR is encouraged to provide the contracted services on holidays, whenever possible. 15. BUDGET 15.1 The budget for services provided pursuant 'to Exhibit A of this Agreement shall span thirty -six (36) months and is set forth as follows: Budget Period July 1, 2017 - June 30, 2018 (WRR0216) Page 14 of 26 25A -59 Maximum (April 4, 2017) 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 27 28 Line Items Hourly Rate FTE Budget Salaries and Benefits $9,500 Office Supplies $1,300 Workforce Specialist II $36.43 1.00 $75,770.63 Workforce Specialist II $36.43 1.00 $75,770.63 Economic Development Specialist III $63.75 .07 $9,282.50 Sr. Management Analyst $53.26 .02 $2,215.73 Accountant II $4.7.13 .06 $5,880.44 Sr. Accounting Assistant $34.48 .04 $2,868.99 Accounting Assistant $32.05 .04 $2,666.68 Subtotal Salaries $174,455.60 Benefits (55.0023 %) $96,303.30 Subtotal Salaries and Benefits«1�2' $270,768.90 Operations Maximum Communications $1,200 User Fee $9,500 Office Supplies $1,300 Rental City Equipment $750 Accident Repair & Replacement $30 Gas & Diesel $150 Computer Services $1,000 IS Strategic Plan $4,500 Insurance $11,500 Indirect Costs $13,535 Subtotal Operations $43,465 Participant Costs Work Experience Wages(') $206,640.00 BenefitSM $43,236.10 Vocational Training(5) $235,900.00 Subtotal Participant Costs $485,776.10 MAXIMUM COUNTY OBLIGATION (711117.6/30/18) $800,000 Budget Period July 1, 2018- June 30, 2019 Sr. Management Analyst $53.26 .02 $2,215.73 Accountant II $47.13 .06 $5,880.44 (WRR0216) Page 15 of 26 (April 4, 2017) 25A -60 Maximum Line Items Hourly Rate FTE Cost Salaries and Benefits Workforce Specialist II $36.43 1.00 $75,770.63 Workforce Specialist II $36.43 1.00 $75,770.63 Economic Development Specialist III $63,75 ..07 $9,282.50 Sr. Management Analyst $53.26 .02 $2,215.73 Accountant II $47.13 .06 $5,880.44 (WRR0216) Page 15 of 26 (April 4, 2017) 25A -60 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2`/ 28 Sr, Accounting Assistant $34,48 .04 $2,668.99 Accounting Assistant $32,05 ,04 $2,666,68 Subtotal Salaries $174,455.60 Benefits (55.0023 %) $96,303,30 Subtotal Salaries and BenefitSM(2) $270,758,90 Operations Maximum Communications $1,200 User Fee $9,500 Office Supplies $1,300 Rental City Equipment (Fleet) $750 Accident Repair & Replacement $30 Gas & Diesel $150 Computer Services $1,000 IS Strategic Plan $4,500 Insurance $11,500 Indirect Costs $13,535.00' Subtotal Operations $43,465.00 Participant Costs Work Experience Wages(3) $206,640.00 BenefitsW $43,236,10 Vocational Training"' $235,900.00 Subtotal Participant Costs $485,776.10 MAXIMUM COUNTY OBLIGATION (7/1/18- 6/30119) $800,000 Budget Period July 1, 2019 June 30, 2020 (WRR0216) Page 16 of 26 25A -61 (April 4, 2017) Maximum Line Items Hourly Rate TE Bu_ dget Salaries and Benefits Workforce Specialist II $36.43 1.00 $75,770.63 Workforce Specialist II $36.43 1.00 $75,770.63 Economic Development Specialist 111 $63.75 07 $9,282.50 Sr. Management Analyst $53.26 .02 $2,215.73 Accountant: II $47.13 .06 $5,880.44 Sr. Accounting Assistant $34.48 .04 $2,868.99 Accounting Assistant $32.05 .04 $2,666.68 Subtotal Salaries $174,455.60 Benefits (55.0023 %) $96,303,30 Subtotal Salaries and 6enefits«'(Z) $270,758.90 (WRR0216) Page 16 of 26 25A -61 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Operations Communications $1,200 User Fee $9,500 Office Supplies $1,300 Rental City Equipment (Fleet) $750 Accident Repair & Replacement $30 Gas & Diesel $150 Computer Services $1,000 IS Strategic Plan $4,500 Insurance $11,500 Indirect Costs $13,535.00 Subtotal Operations $43,465.00 Participant Costs Work Experience Wages�3) $206,640.00 Benefits"' $43,236.10 Vocational Training(5) $235,900.00 Subtotal Participant Costs $485,776.10 MAXIMUM COUNTY OBLIGATION (7/1/15. 6/30/16) $800,000 TOTAL MAXIMUM COUNTY OBLIGATION (711/17 - 6/30/20) $2,400,000 (1) Total salaries are calculated on maximum hourly rates. July 1, 2017 -June 30, 2020 salary costs are based on total hours worked and clays the city offices are closed for Workforce Specialist II and Fiscal Specialist positions. (2) Employee Benefits include contributions to 401k or retirement plans; health insurance; dental insurance; life insurance; long -term disability insurance; payroll taxes such as FICA, Federal Unemployment Tax, State Unemployment Tax, and Workers' Compensation Tax, based an the currently prevailing rates; and vacation and sick leave accrual limited to the amount of time earned during the fiscal years in which such expense is claimed. The overall benefit rate shall not exceed 55.0023% of the actual salary expense claimed. (3) Enrollments in WEX activities are contingent upon availability of funds. (4) Benefits costs included are payroll taxes such as FICA, Federal Unemployment Tax, State Unemployment Tax, and Worker's Compensation Tax, based on the currently prevailing rates. (5) Enrollments in VTR activities are contingent upon availability of funds. 15,2 CONTRACTOR and ADMINISTRATOR may agree, subject to advance written notice, to add, delete, or otherwise modify line items and /or amounts and /or (WRR0216) Page 17 of 26 25A -62 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the number and type of FTE positions without changing COUNTY's maximum obligation as stated in Subparagraph 19.1 of this Agreement or reducing the level of service to be provided by CONTRACTOR. Further, in accordance with Subparagraph 43.3 of this Agreement, in the event ADMINISTRATOR reduces the maximum obligation as stated in Subparagraph 19.1, CONTRACTOR and ADMINISTRATOR may mutually agree in writing to proportionately reduce the service goals as set forth in this Exhibit A to this Agreement. 16. STAFF CONTRACTOR shall place Participants with a limited English vocabulary in an environment that facilitates the development of the English language, CONTRACTOR shall employ staff with experience in placing Participants in such environments. CONTRACTOR shall provide bilingual staff to serve Participants who speak Spanish or Vietnamese. The ratio of bilingual staff shall be consistent with and proportional to the target population, as determined by ADMINISTRATOR, In addition, CONTRACTOR shall be required to provide translation services for all other, languages as needed to ensure all Participants are provided services in the language they speak. CONTRACTOR shall comply with all COUNTY, State, and Federal regulations regarding Limited English Proficiency (LCP). 16.1 Staff Training 16,1.1 CONTRACTOR's staff directly serving Participants, or supervising those who do, shall be thoroughly familiar with the WTW service delivery model per CalWORIKs WTW regulations and COUNTY policies and procedures and related instructions, including service delivery and payment systems; welfare fraud and child abuse /elder abuse reporting requirements; the State Hearing process; and Civil Rights compliance requirements, 16.1.2 COUNTY will provide relevant program policies and operational procedures to CONTRACTOR during start -up, and subsequently as (WRRO216) Page 18 of 26 (April 4, 2017) 25A -63 1 2 3' 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 these materials are revised or new policies are developed. 16.1.3 COUNTY will provide initial training to a limited number of CONTRACTOR staff with respect to CalWORKs WTW regulations and COUNTY policies and procedures. CONTRACTOR shall conduct subsequent training(s) and refresher training yearly. COUNTY will provide some information to CONTRACTOR on the requirements in Subparagraph 16.1,1, but it will be CONTRACTOR's sole responsibility to ensure that CONTRACTOR's staff understand and correctly implement the requirements when providing WTW services. 16.1.4 CONTRACTOR shall be required to attend training(s) and /or meetings, as determined by COUNTY, and provide CONTRACTOR staff with ongoing training and assistance to ensure that contract deliverables are met. 16.1.5 CONTRACTOR shall ensure that CONTRACTOR's staff receives training in understanding the cultural differences among groups of Participants, and recognizes and effectively intervenes to overcome any language and /or cultural barriers to employment. 16.1,6 CONTRACTOR shall maintain a log of in- house training activities and Participants. This log shall be made available to COUNTY upon request. 16.2 Staff Duties and Qualifications: CONTRACTOR shall provide the following described staff positions: 16.2.1 Workforce Specialist 11 (SA WD8 CM) Duties: 16,2,1,1 Manages a caseload, advises Participants of career and training opportunities, develops Participants' employment plan, and is responsible for Participant outcomes. program enrollments Participants. (WRR0216) 16,2.1,2 Oversees Participant job search activities and Identifies and develops job opportunities appropriate to Page 19 of 26 25A -64 (April 4, 2017) 1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 26 26 27 28 16.2,1,3 Markets services to employers and to Participants, conducts employment /job sector workshops, gives presentations and prepares informational materials, and maintains contacts within the business community to provide employers with qualified candidates. 16.2,1,4 Monitors employment rate /employee retention rate and customer satisfaction rate and develops plans for improvement. 16,2.1.6 Monitors eligibility and program files to ensure compliance with Federal and State regulations, including WTW regulations; performs site visits, and maintains detailed records and writes reports, 16,2,1,6 Collects and compiles data to generate detailed technical reports, writes articles, and prepares publications regarding the WDB to the public. 16.2,1.7 Organizes and implements WDB sponsored events, participates as a team player, and applies principles of quality of service in all activities. Qualifications: 16.2.1.8 A minimum one (1) year of progressively responsible workforce development program experience, or, any combination of college level coursework in psychology, sociology, counseling, human services, business administration, accounting, public administration, workforce development program experience equivalent to (1) year which provides the desirable knowledge, skills, and abilities. 16.2 1.9 Knowledge of Federal and State regulations pertaining to workforce development programs, interviewing techniques and methods of determining program eligibility; employment market; agencies providing resources; methods of case management, data collections, and monitoring. 16.2 7..10 Ability to understand, interpret, and implement (WRR0216) Page 20 of 26 (April 4, 2017) 25A -65 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 27 28 Federal and State regulations; organize and effectively manage a heavy and varied caseload to meet program performance standards; coordinate and conduct meetings; make public presentations; communicate clearly and concisely; and keep detailed and accurate records. 16.2.2 Economic Development Specialist III Duties; 16.2 2.1 Directs, coordinates, monitors and evaluates economic development programs. 1.6.2,2,2 Conducts economic research, analyses, market feasibility studies concerning the CONTRACTOR's business base and other related research. 16.2,2.3 Analyzes financial requirement of businesses interested in financial assistance and designs and implements a business retention program. 16.2,2.4 Prepares applications for grants and oversees approved grant programs. 16.2,2.5 Plans and directs marketing efforts, including media relations, print materials and advertising. 16.2,2.6 Plans and implements programs to encourage import /export trade. 16.2.2.7 Establishes and maintains communications and coordinates activities with organizations to promote and facilitate economic development. 16,2,2.8 Coordinates the Division budget and supervises subordinate -level employees. Qualifications: 16.2.3 A minimum of three (3) years of progressively responsible experience in local government or private economic development programs, one (WRR0216) Page 21 of 26 (April 4, 2017) 25A -66 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 year of which must be as program manager or project leader, or a Bachelor's degree 'From an accredited college or university with specialization in economics, business or public administration, commercial finance may be used, or any combination of education in economics, business or public administration, commercial finance, training and experience equivalent to three (3) years experience which provide the knowledge, skills and abilities of the job. 16.2,4 Sr. Management Analyst Duties: 16.2.4.1 Performs responsible and professional staff work to ensure efficient and effective internal operations of administrative and management systems in a large division is achieved. 16.2.4,2 Performs complex studies, research and analysis relative to programs. 16,2,4,3 Conducts studies of operations, services and program activities and writes reports and recommendations based on analysis of collected data. 16.2,4.4 Prepares and monitors department budget, revenues and expenditures, makes revenue projections, performs cost - benefits analyses and acts as liaison between division and Finance. 16.2.4.5 Prepares grant applications and monitors grant- funded programs and contracts, 16.2,4.6 Assists with management and supervision of special departmental projects, programs and core functions. 16.2.4.7 Coordinates and facilitates personnel related activities, 16.2.4.8 Develops and revises written procedures to clarify, describe, or create department standards and policies. (WRR0216) Page 22 of 26 (April 4, 2017) 25A -67 1 2 3 4 5 r.7 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16.2.4.9 Reviews legislation related to departmental activities and determines effect on departmental operations. 16.2.4.10 Attends and participates in meetings, makes presentation to CONTRACTOR staff and the public, implements utilization of information systems, and supervises staff. Qualifications: 16.2.4.11. A minimum of three (3) years experience of Increasingly complex and responsible governmental administrative staff experience and education equivalent to graduation from a four year accredited college or university with specialization in political science, business or public administration; supervisory and /or program /project management experience; or any combination of education, training and experience equivalent to three (3) years experience which provide the knowledge, skills and abilities of the job. 7.6.2,5 Senior Accounting Assistant Duties: 16.2.5.1 Prepares and maintains financial and accounting records by gathering, assembling, tabulating, comparing, verifying, and posting financial and statistical data. 16.2,5.2 Prepares or verifies and processes bills, invoices, and similar documents. 16.2.5.3 Pasts and balances cash books, ledgers, subsidiary journals, and other financial and accounting records. 16.2,5.4 Reconciles accounts to general ledgers and prepares routing reports and statements. 16,2.5.5 Analyzes and prepares reports of encumbrances and expenditures for department programs. 16.2,5.6 Performs cost research and cost recovery (WRR0216) Page 23 of 26 (April 4. 2017) 25A -68 1 2. 3 4• 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 analysis, 16.2.5.7 Receives money and maintains records of receipts, files of invoices and other financial transaction documents. Qualifications: 16.2.5.8 A minimum of two (2) years of experience performing responsible accounting, financial, statistical or other specialized office clerical work supplemented by courses in accounting, finance, business, office practices, or related coursework; or a combination of two (2) years of training and experience, or courses in accounting, 'finance, business and office practices which provides the knowledge, skills and abilities in accounting methods and government budgeting. 16.2.5,9 Knowledge of bookkeeping principles and practices, fund accounting and governmental accounting methods. 16.2.5.10 Ability to keep bookkeeping accounts and prepare financial statements and make arithmetic calculations. 16.2.6 Accountant II Duties: 16.2.6.1 Performs journey -level professional accounting and fiscal work in the field of governmental accounting. 16.2.6.2 Sets up and maintains special ledgers and other accounting records. 16.2.6.3 Audits and analyzes weekly and monthly expenditures of CONTRACT* s programs and activities and consolidates into periodic budget status reports. Qualifications: 16.2.6.4 A minimum of two (2) years of responsible professional accounting experience and education equivalent to graduation from a four year accredited college or university with specialization in (WRR0216) Page 24 of 26 (April 4, 2077) 25A -69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accounting, business administration or economics. 16.2,6.5 Ability to apply professional accounting principles. 16.2.6.6 Ability to prepare complete and accurate reports. 16.2.6.7 Be able to perform detail work involving written or numeric data and to make arithmetic calculations rapidly and accurately. 16.23 Accounting Assistant Duties: 16.2.7.1 Performs a variety of routine clerical work involved in receiving, distributing and maintaining financial and statistical records, receiving and disbursing cash. 16,2.7.2 Gathers, assembles, tabulates, checks, and posts financial and statistical data. 16,2,7.3 Maintains simple accounts, posting entries from supporting documents and records, including verifications of invoices with supporting documents. 16.2.7,4 Accepts payments and fees as well as ensures prompt payment for CONTRACTOR's purchases. Qualifications: 16.2.7.5 High School diploma, GBD, or equivalent certification, and experience in performing financial, statistical or other clerical work. 16.23,6 Knowledge of modern office practices and procedures. 16.2.7.7 Knowledge of methods of handling, receipting, and maintaining records of money received. 16.2.7.8 Skill in making arithmetic computations; filing; (WRR0216) Page 25 of 26 (April 4, 2017) 25A -70 11 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 maintaining office records; the operation of office equipment, including ten - key adding machines, calculators, and personal computers. (WRR0216) Page 26 of 26 25A -71 (April 4, 2017) 25A -72 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017 -08 FOR THE PROPERTY LOCATED AT 1923 NORTH WESTWOOD AVENUE (STRATEGIC PLAN NOS. 5, 2,3) CITY MANAGER RECOMMENDED ACTION M J F i : cl X !.P Pk1 9XJ > ;L* • li > JVA 02=40:11 ❑ 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 the attached Mills Act agreement with the Gumm Family Trust, property owners, for the structure located at 1923 North Westwood Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION On April 6, 2017, the Historic Resources Commission recommended by a vote of 8:0 that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with the Gumm Family Trust, property owners, for the structure located at 1923 North Westwood Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures. The Stylianous House qualifies for listing in the Santa Ana Register of Historical Properties as "Contributive ". Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Ranch House style in the West Floral Park neighborhood, "is a good example of period architecture." Character - defining exterior features of the Stylianous House that should be preserved include, but may not be limited to, materials and finishes (vertical wood siding); roof configuration and detailing; original windows and doors where extant; and architectural details such as brick planters, wood garage door, and open beam roof areas designed to let light shine through the eaves. 2513-1 Historic Property Preservation Agreement No. 2017 -08 with Gumm Family Trust May 2, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue account (No. 01102002 - 50011) to the City by an estimated $117 to $878 annually, for a period of not less than ten years. B assan Hags ani, A P Executive Director Planning & Building Agency HS:rb hs\HIstorlc Info \040617HRC \hppa17 -08.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director �G Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25B -2 IW Q • APRIL 6, 2017 TITLE; PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017 -12; HISTORIC REGISTER CATEGORIZATION NO, 2017-11 AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-08 FOR THE PROPERTY LOCATED AT 1923 NORTH WESTWOOD AVENUE {STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by _Hal_Soboleske� _ HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ID As Amended ❑ Set Public Hearing For CONTINUED TO ;s---a ecuti Director Planning Manag r 1. Adopt a resolution approving Historic Resources Commission Application No. 2017 -12 and Historic Register Categorization No. 2017 -11. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Gumm Family Trust, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Davin and Marta Gumm, as trustees of the Gumm Family Trust, are requesting approval to designate an existing residence located at 1923 North Westwood Avenue to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Proiect Location and Site Description The subject property is located on the east side of Westwood Avenue, between 17th and Twenty - First Streets. The subject site contains a '1,757- square -foot, single -story Ranch styled residence with an attached garage on an 11,175- square -foot residential lot (Exhibit 1). Analysis of the Issues In March 1999, the City Council Commission and the Santa Ana Commission may, by resolution and building or part thereof, object, stru the city in accordance with the crib (SAMC). approved an ordinance establishing the Historic Resources Register of Historical Properties. The Historic Resources at a noticed public hearing, designate as historical property any :cure, or site having importance to the history or architecture of ria set forth in Section 30 -2 of the Santa Ana Municipal Code EXHIBIT A 25B -3 HRCA No. 2017 -12, HRC No. 2017 -11 & HPPA No. 2017 -08 April 6, 2017 Page 2 This project entails applying the selection criteria established in Chapter 30 (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties. The first criterion for selection requires that structures be 50 or more years old, As detailed in the following property description, the structure proposed for placement on the Register meets the minimum age criterion. The analysis further indicates the property meets all the criteria for consideration of historic designation. No known code violations exist at this property. The structure, known as the Stylianous House, is a good example of period architecture in the Ranch style of architecture, and was built in 1951 and is associated with Dr. Demetrios Stylianous. Character defining features of the Stylianous House that should be preserved include, but may not be limited to, materials and finishes (vertical wood siding); roof configuration and detailing; original windows and doors where extant; and architectural details such as brick planters, wood garage door, and open beam roof areas designed to let light shine through the eaves (Exhibit 2). Public Notification The subject site is located within the West Floral Park Neighborhood, The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the West Floral Park Neighborhood president was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association president, nor was there a request that the applicant present the project to a meeting of their members. The project 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. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. r, In accordance with the California Environmental Quality Act, the recommended actions are exempt from'further review under Section 15331. This Class 31 exemption allows actions that are designed to preserve, restore and conserve historic resources. Categorical Exemption Flo. 2017 -27 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 25B -4 HRCA No. 2017 -12, HRC No. 2017 -11 & HPPA No. 2017 -08 April 6, 2017 Page 3 Conclusion Based on the analysis provided within this report, staff recornmends that the Historic Resources Commission adopt a resolution approving Historic Resources Commission Application No. 2017 -12, Historic Register Categorization No. 2017 -11 and Historic Property Preservation Agreement No. 2017 -08. / Hally So leske Senior lanner HS:jm hsWstorio InUG46617PIRC /hrc917- 12hro17- 110ppa17- 08.hro Attachments: Exhibit 1 — 500' Radius Map Exhibit 2 — Department of Parks and Recreation Form 25B -5 EXECUTIVE SUMMARY STYLIANCIUS HOUSE 1923 N. Westwood Avenue Santa Ana, CA 92706 NAME Stylianous House REF. NO. ADDRESS 1923 North Westwood Avenue CITY Santa Ana ZIP 92708 ORANGE COUNTY YEAR BUILT 1951 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1 3 CALIFORNIA REGISTER STATUS CODE 5$1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric Z Historic ❑ Both ARCHITECTURAL STYLE. Ranch House Widely published In Sunset and House Beautiful magazines, the Ranch House dominated post -World War 11 residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor - outdoor integration. While the style includes several variants, a basic set of character - defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by Wings of varying roof heights. Generally L- shaped or U- shaped in plan, the Ranch House typically has a one -story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and- batten siding, high brick foundations, art stone, and wood shake roofs. Indoor- outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond - patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. The Colonial Revival Variant of the Ranch House incorporates classic - revival details such as an elaborated entrance, with the main entry flanked by columns and /or pilasters and sidelights, six -over -six double -hung wood sash windows, and a more symmetrical composition than the other stylistic variations of the Ranch House, SUMMARYtCONCLUSION: The Stylianous House also qualifies for listing in the Santa Ana Register of Historical Property is an excellent example of a Ranch style structure. Additionally, the house has been categorized as "Contributive" because it "a good example of period architecture" in the West Floral Park neighborhood and, as an intact and characteristic example of the Ranch House style (Municipal Code, Section 30 -2.2). � • r �r • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001,) 3: it embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5$1: Individual property that is listed or designated locally. State of California —The Resources Agency Prime DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trino NRHP Status Other Review Code Reviewer. or number (assigned by recorder) P1. Other Identifier: *P2. Location: EJNot for Publication ■Unrestricted *a. County Orange County *b, USOS 7.5' Quad TCA1725 Date: *c. Address 1923 North Westwood Avenue City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 399. 071 -04 *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Stylianous House is ranch styled residence sheathed In stucco and topped with asphalt shingles. Typical of the style, the massing is horizontal and single -story with a front facing attached garage, and sheathed in stucco, vertical wood siding, and large brick planters. A broad brick chimney is to the rear of the property rising above the roofline, Windows are asymmetrical. There are two tripartite windows with sliding windows on each side of a fixed window. A typical slider is just to the right of the front door. The front door is shielded under a a long, covered front porch with simple 4' x 4" porch supports. The covered porch has two open areas in the roof with exposed rafters to allow the sun to provide sun for the porch area. One of these open areas provides sun to a built in planting box. The garage door is non - original, but has been updated with an appropriate wooden roll up which complements the ranch architecture. The driveway has been updated with linear grooves cut Into the driveway concrete and filled with decomposed granite reflecting the linear character of the style. The yard has been recently upgraded with drought tolerant plantings. The home is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: M8ullding ❑Structure ClObject ❑Site ❑District ❑Element of District 00ther Record ❑Linear Feature Record DMilling Station Record ❑Rock Art Record OArtifact Record OPhotograph Record O Other (list) DPR 523A (9195) r P6b. Photo: (view and date) West facing elevation 2017 *P6. Date Constructed /Age and Sources: ■historic 1951 /City of Santa Ana Building Permits *P7, Owner and Address: Gumm Family Trust 1923 North Westwood Avenue Santa Ana, CA 92706 *P8. Recorded by: Holly Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: April 6, 2017 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (cite survey report and other sources, or enter "none ") None. *Attachments:ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record Archaeological Record ODistrict *Required Information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Stylianous House B1. Historic Name: Stylianous House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *B5. Architectural Style: Ranch *B8. Construction History: (Construction date, alterations, and date of alterations): Constructed 1951 May 1951. 6 rm. residence and garage by George Costa. January 1957. Fixture. April 1973. Reroof fees *87. Moved? ■No ❑Yes ❑Unknown Date: Original *B8. Related Features: None, B9a. Architect: Unknown b. Builder: George Costa *B10. Significance. Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895.1965 Property Type: Single - family Residence Applicable Criteria: NR: C; CR: 5Si (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Stylianous House was designed in the ranch style of architecture, and built by George Costa, a builder who lived in Anaheim. The first occupants were Demetrious Styisnous and his wife, Freeda (nee' Walker). George Costa was married to Freeda's sister, Anna. Mr. Stylianous was form In Mortfou, Greece in 1902. He immigrated to New City, New York via Ellis Island in 1928. He was educated and moved to Los Angeles, California, obtaining a job as a teacher at a private school called "The School for Exceptional Children." There he met Freeda, also a teacher, and the two were married in 1948. In 1951, they moved to Santa Ana. They continued their work with mentally challenged children. After obtaining his Ph.D. , he went on to become a foremost specialist in this specialty. Dr. StyBanous went on to have several boolSpublished. While early books focused on his Greek origins, later books provided direction and commentary to other doctors specializing in teaching mentally challenged children. Sadly, Freeda passed away in 1974. Dr. Stylianous remarried Alice Kies (McIntosh) In 1975, Dr. Stylianous became a well -known philanthropist and pkonoor in the education of mentally handicapped children. As late as 1981, he still participated In a silent auction for the American Speech and Hearing Impared Association where he was a Board Member. Dr. Stylianous contracted pneumonia and passed away in 1983. Alice continued to lived in the house until It was sold to Davin and Marta Gumm, the current owners. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *814. Evaluator: Hally Sobolaske (This space reserved for official comments.) *Date of Evaluation: November 3, 2016 25B -9 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATiON SHEET Trinomial "Recorded by Holly Sobolaske *Date April 6, 2017 ® Continuation ❑ Update DPR 5238 (1198) *Required information `B10. Significance (continued); In 1910, father and son John B, and Merle Ramsey, who had come to Santa Ana in 1902 and subsequently set up business as plaster contractors, purchased fifteen acres of the ranch from a Mr. Talcott. By that time, the adobe had been replaced by the present house, estimated to have been built circa 1895 (Cultural Heritage Inventory, 1983). A barn with an attached bunkhouse was located west of the house (approximately where Westwood Avenue runs today). The Ramseys began tending the orange and walnut trees already on half of the acreage, and planted additional walnut trees and apricot trees on the vacant land. They also developed the "Ramsey Apple" by grafting cuttings from their home In Ohio onto California rootstock. At the time of the Ramsey's purchase, the ranch, although located within the city limits of Santa Ana, was "far out in the country," reached via dirt roads, with no nearby neighbors. The location of the property was understood to be the vicinity of Baker and Seventeenth. In 1921, father and son divided the property, with the father keeping the rear portion for farming and son taking the front in order to take advantage of the expanding residential area of Santa Ana by building houses. City directories in the 1930s list the address of John Ramsey as 1901 North Baker Street and of Merle Ramsey as 1101 West Seventeenth Street. Westwood Avenue north of Seventeenth, however, was not developed until the post World War II period, and the first building permit with the current address was recorded in 1948. Merle Ramsey recalled his life on the A. T. Bates ranch In This Was Mission County: Reflections in Orange of Merle and Mabel Ramsey, published in 1973, and noted that the house remained exactly where it had been, only surrounded by streets and houses. Ramsey also recalled unearthing several Native American artifacts on the property, most notably two stone pots discovered when they installed an irrigation system. Since the second halt of the twentieth century, the neighborhood in which the A. T. Bates Ranch House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was Improved with houses during the 1920s and 1930s, contained only handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City /County Round at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets, Construction boomed during the 1950s, and the California Ranch style homes that characterized that era still dominate the streets of West Floral Park in the early twenty -first century. The Stylianous House qualifies for listing in the Santa Ana Register of Historical Properties as "Contributive ". Additionally, the house has been categorized as "Contributive" because It "contributes to the overall character and history" of Santa Ana, and, as an Intact example of the Ranch House style in the West Floral Park neighborhood, "is a good example of period architecture." Character - defining exterior features of the Stylianous House that should be preserved include, but may not be limited to, materials and finishes (vertical wood siding); roof configuration and detailing; original windows and doors where extant; and architectural details such as brick planters, wood garage door, and open beam roof areas designed to let light shine through the eaves. B12. References (continued): Armor, Samuel. History of Orange County, Los Angeles: History Record Company, 1921, Cultural Heritage Commission, City of Santa Ana. `Historical Landmarks, Inventory Form, Bowers Museum, " September 12, 1979. Available at the Santa Ana Public Library History Room. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1996. Marsh, Diann.. Santa Ana; An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lea, A Field Guide to American Houses. New York.: Alfred A. Knopf, 1984. National Register Bulletin 16A, 'How to Complete the National Register Registration Porm. " Washington DC. , National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources." Sacramento: March 1996. Santa Ana and Orange County Directories, 1932.1954. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969, Ancestry.com Newspapers.com (Santa Ana Register) DPR 523E 25B -10 MILLS ACT AGREEMENT 1923 N. Weshvoor7Ave. Santo Ann, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WREN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §,6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreerent ") is made and entered into this May 2, 2017 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City ") Davin and Marta Gumm, trustess of the Gnrnrn Family Trust, (hereinafter referred to as "Owners "), owners of real property located at 1923 North Westwood Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, 'located at 1923 North Westwood Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 3.0 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and aheration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary ninoner: -i- 25B-11 KILLS A CTA GREEMENT 1923N. MesomodAve. Santo Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part. 5 of Division I of Title 5, Article 12; Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division I of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 3, 2017, and shall remain in effect for a term of ten (1.0) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial tein will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nomenowal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreoment on the other party. Unless such notice is served by the Owner to the City at least ninoty (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonronewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement; whichever may apply. 3. Standards and Conditions for Iistoric Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, -2- 25B-12 HILLS AC'T AGREEMENT 1923 N. Westwood Ave. Santa Ana, CA 9.2706 proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and confonn to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects, and the Santa Ana Citywide Design Guidelines for Historic Structures. These standards are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs is contained in the original Planning Department file and incorporated herein by reference. Owners shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owners shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation . unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs; doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. C. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the terns and provisions of this Agreement. A. Furnishing of Information. The Owners hereby agree to fiirnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. m3. 25B -13 MILLS ACT AGItEF.MGNT 1923N. Wavfvanrd Ave. Suns Ann, G4 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of thus Agreement, or have allowed the property to deteriorate to the point that it no longer meats the standards for a qualified Historic Property, or if the City determines that the Owners have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owners shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 Y2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed: No fee shall be imposed in the case of destruction by acts of God or natural disaster, c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement; this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced 'herein, the City may specifically enforce, or enjoin the breach of, the terns of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owners, tire City shall give written notice to the Owners by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners), then the City tray, without Iiirther notice, declare a default under the terns of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. -4- 25B-14 MILLS ACT AGREEh1ENT 1923 N. Westwood Ave. Santa Ana, CA 92706 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Properly, located at 1923 .North Westwood Avenue, Assessor Parcel Number, 399 - 071 -04, and more particularly described in Exhibit C, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants ruining with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owners shall not receive any payinent from the City in consideration of the ohhgation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived thereftom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. % Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owners: Davin and Marta Gumm, members of the Guunm Family Trust 1923 North Westwood Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terns, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, -5- 25B-15 AIILLS ACT AGREEMENT 1923 N. 6r/"nswod Ave. Santa Aaa, CA 92706 nor shall such terns, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owners agree to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or elairns for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property, The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all, actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and. claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property, d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any planner whatsoever, e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonabhe attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. -6- 25B-16 MILLS ACT AGIfEEMENT 1923N. Westwood Ave. Santa Ana, CA 92706 13, Amendments. This Agreement may be amended, in whole or in part, onty by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR. Cleric of the Council Owner Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By:,_ Lisa Storck Assistant City Attorney CITY OF SANTA ANA GERARDO MOUET Acting City Manager By: Davin Gumnu By: —_ _ Marta Gunun RECOMMENDED FOR APPROVAL: HASSAN HAGHANI Executive Director Planning and Building Agency w7. 25B -17 MILLS ACT AGREEMENT 1923N. Westwood Ave. Santa Ana, CA 92706 Exhibit A N TR 1280 LOT 12 filed in the Office of the County Recorder of Orange County. Assessor's Parcel Number: 399 - 071 -04 -8- 25B-18 HILLS ACT AGREEMENT 1923 N. Wcsnvood Ave. Santa Ana, CA 92748 Exhibit B Exterior work shall be reviewed by the Historic Resources Cormnission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distit guishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environnent. These changes may have acquired significance in their own right, and this significanzce shall be recogrzed and respected. S. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. G. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event .replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based oil accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or file availability of different architectural elements from the other buildings or Structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25B-19 MILLS ACT .AGnrEM NT 1923N. Westwood Ave. Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. _10e 25B -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: PURCHASE AND SALE AGREEMENT WITH NET DEVELOPMENT CO. FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 2129 NORTH MAIN STREET (STRATEGIC PLAN NO. 3,3C) r�� X CITYCMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-11=2602191 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a purchase and sale agreement with Net Development Co., for the sale of City -owned property located at 2129 North Main Street in the amount of $2,075,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 20, 2016, the City Council authorized the negotiation for the sale of City -owned real property at 2129 North Main Street and entered into an exclusive negotiation agreement (ENA) with Net Development Co. for the purpose of developing a hotel on the property. Santa Ana Municipal Code (SAMC) Section 2 -709 allows for the direct negotiation and sale of City - owned property without the need for a public auction or competitive bidding, upon a 2/3 vote of the City Council. The ENA required obligations of the developer to be satisfied before the City moves forward with selling the property for development of the hotel. These obligations were: a) A complete development application with payment of fees (Completed and currently being reviewed by Planning) b) Proposed zoning changes (Not applicable) c) A good faith deposit of $90,000. These funds will be moved to escrow during the sale process. (Completed and held in a City account) d) A written commitment from a recognized hotel chain (Completed) e) Proposed financing plan (All private funding) f) A preliminary financial analysis (Completed) Proposed Conceptual hotel renderings are attached as Exhibit 1. 25C -1 Purchase and Sale Agreement — 2129 North Main Street May 2, 2017 Page 2 The next step in the process is to enter into a Purchase and Sale Agreement with Net Development Co. (Exhibit 2) to develop the hotel. The appraised value for the parcel is $2,075,000 which Net Development Co. has agreed to. The purchase and sale agreement has been drafted to ensure a high quality hotel is developed in a timely manner. Tourism remains an important industry sector that Santa Ana needs to continue to invest resources into. The proposed hotel's proximity to the 1 -5 freeway, the Bowers Museum, MainPlace Mall, and the Discovery Science Cube make it a premium location to enhance the future growth of these city amenities and the tourism industry in Santa Ana. The development of a hotel at this location will also add a public benefit through the increase of Hotel Visitor Taxes (HVT). This increase will help fund local services such as infrastructure improvements, new public parks, environmental preservation, and increases in public safety for residents of Santa Ana. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #5, (Leverage private investment that results in tax base expansion and job creation citywide), Strategy A (Identify and market underutilized properties [city and non -city owned] for new development that will create new jobs and expand the City's tax base). FISCAL IMPACT The purchase price of the City -owned property located at 2129 North Main Street is $2,075,000. Pursuant to the Execution of the Purchase and Sales Agreement, Net Development Co. will pay the City a total amount of $1,985,000 which will be deposited into account no. 01102002- 57071. In addition, the "good faith" deposit amount of $90,000 currently in account no. 01101001 -21671 which Net Development Co. paid to the City when the Exclusive Negotiation Agreement (ENA) was executed, will be reclassified and recorded into account no. 01102002 - 57071. The Sale and Purchase of said property will be completed and funds will be reclassified and recorded upon the close of the extended escrow which requires all entitlements to be completed and the date which the Grant Deed conveying title to the Property to Net Development is recorded. This project will require an Environmental Review process which may take up to 18 months. Therefore Net Development anticipates the extended escrow to close no later than fiscal year 2018/19. 25C -2 Purchase and Sale Agreement — 2129 North Main Street May 2, 2017 Page 3 Transactions Amount Account No. Reclassified From Account No. Recorded To Fiscal Year Reclassified and Recorded Purchase and Sales $1,985,000 N/A 01102002 -57071 2018 -19 Good Faith Deposit $ 90,000 01101001 -21671 01102002 -57071 2018 -19 TOTAL: $2,075,000 'tea Hassan Hagha i, Al Executive Director Planning and Building Agency HH:MM:rb WReports \Purchase Agmt Net Devel 2129 N Main APPROVED AS TO FUNDS AND ACCOUNT: ft/ Francisco Gutierrez eG Executive Director Finance and Management Services Agency Exhibits: 1. Proposed Conceptual Hotel Renderings 2. Purchase and Sale Agreement 25C -3 25C -4 zcLLJ Z< CE �VVV z < l J U w F-- z w r Q 04� �c z Q N a C'` W PYYi YPY' 4.a L: LrL L•WWWL j4 W4 b4 .d .1 . P F F F F T EXHIBIT 1 25C -5 Gaosoxe O OAH R� 6 {x (si a 9a s g4 ktx2 g( #s�x �Q{Q n n v tl5lsi9 S IPA S� FFp i1's 4 �3s,ar g �x� fgd� gg6° it 9sx� F AH Fie &{ v d pE kh F$6359 E5 Y1 3�9d' xa F5 �6� d ; E qq p6 g s � ! N 3 aYa a s3 3 i" `!e 4g PF ptl ai fls Is :aia c il pppp 9 � s � Ad q�s d p5A fly gg. Y9.3ie 9 5 �� ?# ? �1 is 555.:tPd xF Piipg4F liE° ; g E,jsl3xs; ;u's li ' ;4 x , Iq�i� iiE gip[ fi 5j3 F1 po is l 1px ° � S , s3je �phpi � h S ii fi ?j? ! t e ! 5s!! il tl i[P9i lIINN i f ( {s S x vF d� t " xs➢ f s a a6 i g yy ppt � 4� A3 St {ag gg� Si 9 5 !a ? E a Itx s "s 5 @d Y ! �1M�Ij 5 da�,i1jle�! Af '3;�ii1�� 5as: 5 xFiS iii °iA Yi i`8i.4 ; 7i7 i[P9i �'� y[ it q lfil lil!{{ yyilFl S3 25 Ip �,. 5Ayi5 8 Cis d f 3 1 B xAs Y : F �i 11p 51 ef.9ylli i ti3 I� is ti�s`" yy 1ja py�tPs ¢iiP Ch9lpryry �ai 9 � 9 �q 1 53 { allx ;�t � [� yq fi( sf 7iigi tlxfFjx� Al( u i j(s� sllti FI EniE 1� �i;i 4 i' 25C -6 e4 n 5F9 \ § §�/ log 13RAiS NIVN 25C-7 IIIs, I I I FIRSHFIE EfFEU9ED ARM m 01 1 M 13RAiS NIVN 25C-7 IIIs, I I I FIRSHFIE EfFEU9ED ARM m 25C-8 O pJ �t ,0 n ?R 25C-9 i - -a) 'n 25C -10 SALE AGREEMENT AND ESCROW INSTRUCTIONS This Sale Agreement and Escrow Instructions ("Agreement ") is entered into on May 2, 2017 ( "Effective Date") by THE CITY OF SANTA ANA, a California charter city and municipal corporation { "Seller "), and NET DEVELOPMENT CO., INC., a California corporation ( "Buyer "), Buyer and Seller are hereinafter individually referred to as a "Party" and collectively as the "Parties." RC:CITALS A. Seller is the owner of real property in the City of Santa Ana ( "City "), County of Orange ( "County ") State of California, located at 2129 N. Main Street (APNs 003 - 11.3 - 80 & 003 - 113 -81) and described and /or depicted in Exhibit "A" ( "Property "). Seller and Buyer have entered into an Exclusive Negotiate Agreement dated September 20, 2016 concerning the Property (the "ENA "). B. Seller desires to sell the Property to Buyer, and Buyer desires to purchase the Property from Seller in accordance with the provisions of this Agreement at fair market value for the development of a hotel project consisting of a I- lampton Inn, or equivalent, or higher rated hotel and an associated digital freeway billboard sign limited to advertising of occupants of the Property sand community services within the City at the request of the City, subject to City approval tinder proper permits (the "Project "). THEREFORE, Seller and Buyer agree as follows: Purchase and Sale; Purchase Price. 1.1 Purchase and Stele. Seller shall sell the Property to Buyer and Buyer shall purchase the Property from Seller subject to the teens and conditions set forth in this Agreement. 1.2 Purchase Price. The purchase price ofthe Property is TWO MILLION SEVENTY -FIVE THOUSAND DOLLARS ($2,075,000.00), which amount was established as the fain market value pursuant to an appraisal procured by Seller. 2. Escrow. 2.1 Escrow Instructions. Within seven (7) days following the execution of this Agreement by the Parties, the Parties will open an escrow ("Escrow ") with Fidelity National Title Insurance Company, 1300 Dove Street, Suite 310, Newport Beach, CA Attu: April Palmer ( "Escrow Holder ") for the purchase and sale of the Property. The "Opening of Escrow" shall mean the date on which a hilly executed copy of this Agreement has been delivered to Escrow holder. Escrow Holder shall confirm the Opening of Escrow to the Patties in writing. This Agreement constitutes joint escrow instructions to Escrow Bolder. The Parties agree to execute such additional instructions consistent with the provisions of this Agneetnent which may be required by Escrow Holder. As between the Parties, Buyer and Seller agree that, if there is any conflict between the terms of this Agreement: and any Escrow instructions required by Escrow EXHIBIT 2 25C -11 Holder, the terans of this Agreement shall control. Buyer and Seller shall each furnish Escrow Holder with their respective Federal Tax Identification Numbers and such other information as is reasonably required by Escrow Holder. 2.2 Payment of Purchase Price. The Purchase Price for the Property shall be payable as follows: 2.2.1 Deposic Buyer has made an Initial Deposit (as defined in the ENA) of NINETY THOUSAND DOLLARS ($90,000:00) pursuant to tine ENA. Within ten (10) business days following the execution of this Agreement by the Parties, Seller shall deliver to Escrow Holder, by wire transfer or other immediately available funds the remainder of such amount after debiting such amount pursuant to the ENA: 'The balance shall be referred to herein as the "Deposit", The Deposit shall be placed by Escrow Holder in an interest beating account with interest accruing for the benefit of Buyer. 2.12 Feasibility Consideration. Notwithstanding any other provision of this Agreement to the contrary, One Hundred Dollars ($100) of the Deposit ("Retained Amount ") shall, Moon delivery to Escrow Holder, be non- refundable to Buyer for any reason other than a default under this Agreement by the Seller. The Retained Amount is consideration to Seller for holing the Property off the market doming the Feasibility Period aiad granting Buyer the right to acquire the Property in accordance with this Agreement, if Buyer approves the Property diuing the Feasibility Period. The Retained Aniount shall be released to Seller upon the opening of Escrow. Notwithstanding anything to the contrary in this Agreement, any provision of this Agreement entitling Buyer to a refund of the Deposit shall not include the Detained Amount, except in the event of a default by Seller, 2.23 Payment at Closing. If Seller has deposited into Escrow all documents and arnouuts required of Seller to close Escrow, including without limitation, the "Grant Deed " (as defined below) and complied with all of Seller's other obligations under this Agreeaiient, then on or before the "Closing Dante" (as defined below) so as not to delay the "Close of Escrow'° (as defined below), Buyer shall deposit into Escrow the following in Acceptable Funds: (a) the balance of the Purchase Price (Purchase Price less the Deposit and any other credits to Buyer tinder this Agreement) and (b) the Escrow closing costs pursuant to the preliminary Escrow closing staternnent furnished by Escrow Holder as provided below. 2.3 Close of Escrow. Subject to Sections 23,1 and 2,3,2; Escrow for the sale of the Property shall close on the date ( "Closing Date ") which is thirty (30) days after Buyer provides Seller with written notice that Buyer has submitted applications for and obtained approval from all applicable governmental authorities of the following: a general plan amendment; zone change; environmental; building permits; site plan approvals; streets, alleyways and rights of way vacations; and all other entitlements and/or discretionary approvals of any ]rind necessary to develop the Property for the Project (the "Entitlements"), and that all applicable appeal and challenge periods with respect to the Entitlements have expired with no appeal or challenge having been filed, or if filed any such appeal or challenge shall have been finally resolved in favor of the original approval of the Entitlements. Buyer shall obtain said Entitlements within twenty -four (29) months of the Effective Date of this Agreement. Any request for tun extension of this timeframe must go to the Santa Ana City Council for 2_ 25C -12 consideration. As used in this Agreement, "Close of Escrow" shalt mcan the date on which the "Gratrt Deed" (as defined below) conveying title to the Property to Buyer is recorded. 23.1 Conditions Precedent to Buyer Obligation to Close. Buyer's obligation to close Escrow and purchase the Property is expressly conditioned on the satisfaction of the conditions listed in this Section 2.3.1. If any such condition is not satisfied or waived by Buyer at or prior to the Close of Escrow, for any reason other than a default by Buyer, Buyer Wray, in its sole discretion and without limiting any of Buyer's legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Seller, in which case the Deposit shall be immediately refunded to Buyer. (1) Title Policy, Escrow Holder has issued or committed to issue Buyer the ""Title Policy" (as defined below) showing title vested in Buyer subject only to "Permitted Exceptions" (as defined below). (2) Representations and Warranties. Each of Seller's representations and warranties in this Agreement are materially true and accurate as of the Close of Escrow. (3) Seller Obligations. Seller is not material default under this Agreement and each material obligation of Seller to be performed prior to the Close of Escrow, has been performed as required, including, without limitation the delivery of all document's required of Seller under this Agreement, (4) Possession. Seller is able, at the Close of Escrow to deliver possession of the Property to Buyer in accordance with this Agreement and does so. (`a) Moratoria, There shall be no action taken by any city, county or other public authority or agency ("Governmental Authority ") or any vote of the citizens of the local jurisdiction (;including without limitation any moratoria) that would preclude, prevent, or delay Buyer from obtaining building permits, sewer permits, water Permits, certificates of occupancy or other development or occupancy entitlements for the Project to he constructed on the Property ( "Public Development Limitation"); provided that the Buyer's inability to obtain approval of the hntitlements for reasons other than the occurrence of a. Public Development Limitation" shall not be viewed as a failure of this condition. (G) Legal Subdivision. The Property shall be a legal parcel or parcels under the California Subdivision Map Act that can be transferred by Seller to Buyer. (7�) Entitlements. The Entitlements have been obtained. 23.2 Conditions Precedent to Seiler Obligation to Close. Seller's obligation to close Escrow and sell the Property is expressly conditioned upon the satisfaction of the conditions listed below. if ally such condition is not satisfied or waived by Seller prior to the Close of Escrow for any reason other than a default by Seiler, Seller may, in its sole discretion and without limiting any of Seller's legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Buyer. 25C -13 (l) Representations and Warranties. Each of Buyer's representations and warranties set forth in this Agreement are materially trite and accurate as of the Close of Escrow. (2) Buyer's Obligations. Buyer is not in materiall default under this Agreement, and each material obligation of Buyer to be performed prior to the Close Of Escrow hereunder has been performed as required. (3) The Project and the development of the Property must conform to all City, and other applicable governmental development, land use and architectural regulations and standards. Drawings, plans and specifications for the Project shall be subject to the approval of the City through the standard development application process for acquiring the real estate and entitlements within the Project. Nothing in this Agreement shall be considered approval of any plans or specifications for the Project or of the Project itself by'the City. 2.4 Escrow Cancellation. 2.4.1 Charges. ('1) Seller's Default. if Escrow fails to close clue to Seller's default and this Agreement is terminated, Seller shall pay all Escrow cancellation changes. "Escrow cancellation charges" rueans all fees, charges and expenses charged or passed on to the Parties by Escrow Holder, including all title expenses. (2) Buyer's Default. If Escrow fails to close care to Buyer's default and this .Agreement is terminated, Buyer shall pay all Escrow cancellation charges, (3) No Default, If Escrow fails to close and this Agreement is terminated for any reason tither than a default by one of the Parties, Buyer shrill pay any Escrow cancellation charges. The foregoing shall not be deemed a limitation of remedies or limit any remedies available to either Party. 2,4.2 Deposit. If Escrow fails to Close and this Agreement is terminated due to Seller's default or arty reason other than a default by Buyer, the Deposit shall immediately be returned to Buyer; provided, however, than the foregoing shall not constitute an exclusive remedy of Buyer, If Escrow fails to close due to 'Buyer's default and this Agreement is terminated, Seller shall retain the ,Deposit pursuant to Section 6 below. 2,5 Permitted Exceptions to Title. As soon as reasonably possible after the Opening of Escrow, Escrow Holder shall cause Fidelity National Title Insurance Company, in its capacity as title Insurer ("Title Company "), to deliver to Buyer and Seller a current preliminary title report ( "Title Report ") together with legible copies of all underlying documents referenced therein (together with the Title Report, the "Title Documents"), The term "Permitted Exceptions" as used in this Agreement shall mean all of the following: (a) the Grant )Iced, including a restriction that the Property be used and developed as the Project, as deernod _4_ 25C -14 permissible by the C "ity" (b) non-delinquent real property taxes and assessments: (c) items and exceptions created by or with the written consent of Buyer, including documents to be recorded pursuant to this Agreement and (d) the title exceptions shown on the Title Report but excluding any (i) "Disapproved Exceptions" as defined below that Seller, in its sole discretion, agrees to remove prior to the Close of Escrow as provided 'below and (ii) all monetary liens and monetary encumbrances on the Property, other than non - delinquent real property taxes and assessments which will be removed (meaning removal from title and not the issuance of all endorsement in connection therewith by the Title Company) from title by Seller at its sole cost and expense prior to the Close of Escrow, If Buyer objects to any material title exceptions ( "Disapproved Exceptions ") Buyer shall deliver written notice ("Objection Notice "') of same to Seller within ten (10) business Clays of delivery ofthe initial Title Report to Buyer. Both parties shall act in good faith and reasonably to resolve any material title exception issues, if Buyer fails to deliver an Objection Notice but delivers a "Notice of Approval" Buyer shall be deemed to have approved tittle to the Property subject to the Permitted Exceptions If Buyer delivers an Objection Notice regarding a material title exception and Seller, by delivery of written notice to Buyer within live (5) business days following receipt of the Objection Notice elects not to remove a material Disapproved Exception (Seller's failure to respond to a Buyer Objection Notice shall be deemed such an election) Buyer's sole remedies shall be with respect to the delivery of a 'Notice of Approval or delivery or deemed delivery of a Notice of Termination and refund of all of the Deposit delivered into Escrow and all interest accrued thereon. 2.6 Title insurance. Seller shill cause the 'Title Company to commit to issue to Buyer at the Close of Escrow a standard coverage ALTA Owner's policy of title insurance with mechanics lien endorsement (Seller shall provide, any indemnity or other agreement required by the Title Company as a condition to the issuance of the mechanics lien endorsement) (` ° "Citle Policy ") insuring fee title to the Property vested in Buyer subject only to the Permitted Exceptions, with coverage in an amount equal to the Purchase Price. if Buyer requires an extended coverage ALTA Owners policy of title insurance Buyer shall pay the difference in cost between the standard and extended coverage and the cost of any endorsements (other than a mechanics lien endorsement issued in connection with the standard coverage Title Policy which shall be at the cost of Seller) (`Buyer Title Costs "'), Seller shall only be responsible for that portion of the cost of the Title Policy equal to the cost of standard coverage title policy ( "Seller Title Costs "). 17 Posscssion. Seller shall deliver possession of the Property to Buyer at the Close of Escrow subject only to the Permitted Exceptions and free of any tenancies and/or third Party claims of use or ownership, 2,8 Taxes, Assessments and Pro rations. 18,1 Taxes. All current general and special taxes auxl assessments on the Properly shall be prorated by Escrow Holder based upon the latest available information as shown in the tax statements provided to Escrow Holder by Seller, using customary escrow procedures it Orange County. Seller shall provide Buyer with written evidence of the payment or satisfaction of such taxes. Should the Property be part of a larger tax parcel ( "Assessment Parcel") which as of the Close of Escrow remains unsegregated on the County Tax Assessor's Roll for the ensuing fiscal year, Escrow Holder shall charge Buyer and credit Seller for taxes and -5.. 25C -15 assessments allocated to the Property (based on unimproved value) based on the percentage of the total acreage of the Assessment Parcel located on the Property; which acreage figures for allocation purposes shall be fairly and equitably determined and supplied to Escrow Holder by Buyer and Seller. Buyer and Seller shall cooperate in good faith to cause the Property to be separately assessed and segregated in Buyer's name oil the current 'tax roll. Any real property taxes or assessments levied tinder the Supplemental Tax Roll as a result of the sale of the Property to Buyer, shall be the responsibility of Buyer. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of transfers. improvements or other occurrences before the Close of Escrow shall be the responsibility of Seller. 2.8.2 General. All pro rations provided for herein shall be on am "actual day" 'basis and a three hundred sixty -five (365) day year. The provisions of this Section shall survive dose of Escrow, If either Party fails to pay its pro rata share of taxes or other expenses by the times herein provided, interest shall aaccrue on all unpaid amounts from when awing until paid at the maximum rate allowed by Law. Any errors or omissions made in calculating adjustments and prorations shall be corrected promptly upon, the discovery thereof. If any estimations are made at the Close or Escrow regarding adjustments or proration, the Parties shall snake the appropriate eoincedOrl promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid to the Party entitled thereto within thirty (10) days after written request therefor and if not so paid interest shall accrue and be payable on satire at the nnaxhmmrr rate allowed by Law. 19 Closing Costs, Buyer shall pay the cost of the Title Policy, the Escrow Pees and all documentary transfer fees and recording fees, as may be applicable; and all other costs and expenses incurred related to the purchase of the Property by Buyer. If applicable, Buyer shall also pay for the appraisal cost of the Property (collectively, "Closing Costs "), As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the Final Escrow closing statement to .Buyer and Seller. 2.10 Recordation and Delivery of Docuanents. No later than 12:00 p.m. on the business day immediately prior to the Closing Date, Buyer and Seller" as applicable, will deposit into Escrow the following documents (with the documents that are to be recorded in tine following order and delivered as provided below): 110.1 Grant Deed. One (1) fully executed and acknowledged copy of the grant deed on Title Company's standard forth conveying the Property to Buyer ("Grant Deed "), The Errant Deed shall contain a restriction that the Property be restricted to the operation and development of the Project, as deemed permissible by the City. Conformed copies of the recorded Grant Deed shall be returned to Buyer and Seller as soon as possible. 2.70.2 Withholding Exemption Certificates. One (1) completed and executed copy of the following: Morn- forcign Transferor Declaration; Preliminary Change in Ownership Report, Internal Revenue Service Form 1099 -5, and California Franchise Tax Board 1`01111593 and any other applicable state tax withholding forms, as applicable. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver copies of all closing docurrients, including, without limitation, those listed above, the _6. 25C -16 Title Policy, any additional escrow instructions and the final Escrow closing statement, to Seller's counsel and Buyer's counsel. 2.11 Seller's Procceds. At the Close of Escrow, subject to Section 2.13 below, Escrow Holder is directed to wire funds representing Seller's cash proceeds through Escrow to Seller's account as directed in separate written instructions to be provided by Seller. 2.12 Cal- FIRPTA Withholding. Unless this transaction is exempt under California Revenue and Taxation Code Sections 18805 and 26131, Escrow Holder shall be the "withholding agent" and withhold from proceeds due Seller any amounts required under the above code sections to be withheld by Buyer and pay same to the California Franchise Tax Board or Internal Revenue Service in accordance with applicable law. 2.13 Additional Documents. Seller and Buyer shrill execute and deliver to Escrow any other documents reasonably required by Escrow Holder including, without liMitation, Seller's affidavits or statements regarding mechanics liens and/or tenants or parties in possession. 2.14 Termination of Property Contracts. Seller shall terminate any service contracts or similar agreement relating to the Property which the Buyer does not elect in writing to assume which termination shall be effective us of the Close of Escrow. 3, Real Estate Brokerage Commission. Buyer and Seller each represent and warrant to each other that they have not ennployed, dealt witli or incurred any obligation to any broker, agent or finder in connection with the Property, and that they have not incurred any obligation to pay any other real estate brokerage or other commission or fee in connection with the conveyance of the Property to Buyer. Buyer and Seller agree to indemnify, defend and hold each other ;free and harmless from and against all costs and liabilities, including without limitation reasonable attorneys' 'foes and the costs and expenses of litigation, for causes of action or proceedings in any way related to or resulting from a breach of the foregoing representation and warranty or wising out of any action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying Party, respectively, in connection with this transaction_ 4, investigation by Buyer. 4.1 Feasibility, Within five (5) business days following the execution of this Agreement by Buyer and Seller, Seller shall deliver to Buyer collies of all maps, permits, applications, contracts, correspondence, studies, reports, appraisals and all other documents, materials or information of any kind that relate to the Property, whether in the possession of Seller or any agent or consultant of Staler (collectively, the "Property documents"). Seller will immediately furnish Buyer with copies of any revisions or supplements to the Property Documents and will immediately (furnish Escrow Holder and Buyer with copies of any revisions or supplements to the Property Documents. Seller shall deliver original versions of the Property Documents (to the extent available) to Buyer at the Close of Escrow. 4.2 License. Seller ]Hereby grants to Buyer and its agents a nonexclusive license to enter the Property during the term of the Escrow for the purpose of conducting _7_ 25C -17 feasibility studies, environmental studies and other physical examinations of the Property; provided that Buyer shall not be entitled to interfere with the activities of Seller with respect to the Property. Prior to any such entry by Buyer on the Property, Buyer shall deliver a certificate of insurance to Seller indicating that Buyer maintains general liability insurance coverage in the amount of not less than ONE MILLION DOLLARS (:61,000,.000) with Seller reflected as an additional insured. Buyer shall comply with all applicable laws and govertunental regulations in performing activities on the Property. Buyer shall indemnify, defend and hold Seller and the Property tree and harmless from all loss, damage or liability (including without limitation reasonable attorneys' fees and costs of litigation) arising from the negligence or willful misconduct of Buyer, its agents and employees, on the Property, and from all mechanics', nnaterialmeni's and other liens resulting frown any such conduct; provided that the foregoing indemnity shall not apply to any loss, damage or liability (a) to the extent caused by the negligence or willful misconduct of Seller or its agents or representatives or (b) caused solely by the discovery by Buyer of a condition or substance (but not Buyer's deposit of same on the Property) including without limitation dinninution in value of the Property. Additional Agreements. 5.1 Buyer's Investigation. Buyer shall be entitled to conduct such independent investigations as Buyer deems n:ccessttly or appropriate concerning (n) Buyer's proposed use, sale, development or suitability for development of the Property; (ii) the condition and all other attributes of the Property, including, without limitation 91I improvements located thercon, (iii) applicable laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property or any existing or Proposed development or condition thereof, including but not linnited to zoning, subdivision and other regulations (collectively; the "Regulations"); (iv) the necessity or availability of any specific plan or general aunen?dments, rezoning, zone variances, conditional use permits, building permits, environmental impact reports, subdivision maps, public reports issued by the California. Bureau of Real Estate (" BRE ") and all other governmental permits, approvals or acts (collectively, the "Permits "); (v) the necessity and existence of all dedications, fees, charges, costs or assessments which may be imposed by any Governmental Authority in cormection with the proposed development of the Property; (vi) the value of the Property; (vii) the availability or adequacy of access to the Property, or of water, sewage, gas, electrical or other utilities serving. the Property and (viii) the presence or (adequacy of infrastructure or other improvements on, near or concerning the Property. 5.2 Warranties. 5.2.1 Seller's Warranties. In consideration of Buyer entering into this Agreement and as an inducement txi Buyer to purchase the Property from Seller, Seller nnaltes'the following representations and warranties wlrch shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Buyer. For all purposes of this Agreement, including Seller's representations and warranties contained in this Section 52.1, the phrase "to the hest of Seller's knowledge" shall mean the current actual knowledge of Seller. if prior to the Close of Escrow Buyer determines that any representation or warranty of Seller is untrue, inaccurate or incomplete in any material respect (and without waiving any of Buyer's rights or remedies' hereunder at law or in equity with respect to any _g_ 25C -18 material untruth, incompleteness or inaccuracy existing on the Effective hate, that was known of or should have been !mown of by Seller), Buyer may give Seller written notice of same and Seller shall have seven (7) clays from the date of receipt of Buyer's notice (,,fact the Closing Date shall be extended to permit the running of such seven (7) day period) ( "Seller Clare Perio(") to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Buyer's reasonable satisfaction. If Seller foils to matte such correction within the Seller Cure Period, then Buyer by written notice to Seller within three (3) clays after the expiration of the Seller Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day ,period) shall be emitled (a) to terminate this Agreement and obtain a full refund of the Deposit or (b) continue this Agreement in fill force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Seller. The foregoing is not a waiver or release of any of Buyer's tights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Seller of which Buyer obtains knowledge after the Close of Escrow, ('1) Authorization. Seller has full power and authority to enter into this Agreement and to perform all its obligations hereunder, and has taken 4111 action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement by Seller. Each individual or entity who has executed this Agreement on behalf of Seller has the right, power, legal capacity and authority to execute, deliver and per°forni this Agrecinent on behalf of Seller. (2) Conflicting Agreements. Neither the execution or delivery of this Agreement, nor the consummation of the transaction contemplated herein, will conflict with, or result in a breach of, any contract, license or undertaking to which Seller is a party or by which Seller or any of the Property is bound, or constitute a default thereunder. In addition, with respect to any agreements which affect the Property, neither Seller nor any other party or parties to such agreements are in default thereunder nor are there any facts that currently exist which with the passage of time wound result in any such default. To the best of Seller's knowledge, the Property is not subject to any prescriptive easements, claims of adverse possession, encroachments or similar rights or claims, In addition, except as otherwise disclosed in this Agreement, the Property is not subject to any leases, options or other similar rights or claims in favor of any third parties, The Property is not subject to a Williamson Act contract or any similar agricultural agreement. (3) Proceedings, To the best of Seller's knowledge, nO legal or administrative proceeding is pending or threatened against Seller or the Property nor are there any Other facts or circumstances which would adversely affect (i) Seller's right to convey title to the Property to Buyer as contemplated in this Agreement or (ii) Buyer's ability to own, develop and /or market die Property in the manner disclosed by Buyer to Seller. To the best of Seller's knowledge, there are no condemnation or ernincnt domain proceedings pending or threatened with respect to the Property, (4) Binding Agreonaent. This Agreement constitutes a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, _9_ 25C -19 insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally. (S) Violations of Law. On the Effective Date and Close of Escrow neither this Agreement nor the Properly shall be in violation of any law, ordinance, ruse regulation, or administrative or judicial order, (6) Hazardous Materials. Seller has not stored or released, caused to be stored or released or approved the storage or release on the Property; of any " hazardous materials" (as defined below). '1'o the best of Sel'ler's knowledge, no prior owner of the Property has stored or caused to be stored any hazardous materials on the Property, (b) no hazardous materials now exist in, an or under the Property in violation of any "environmental law" (as defined below), (c) there are no underground tanks on the Property nor have there ever been any underground storage tanks on the Property, (d) no use of or operations ou the Property have occurred which use or operation has violated any applicable envirounnental law; and (e) the Property is not on any "Superfund" list under any applicable environ nncatal law. As used herein, "environmental law" shall mean any and all present federal, state or local laws (whether common law, statute, rule, regulation or otherwise), permits, orders and any rather requirements of Govermnental Authorities relating to the environment to any "hazardous materials" (as defined below) (including without limitation the Comprehensive Ftnviromnental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable provisions of the California Health and Safety Code and California Water Code). As used herein, "hazardous materials„ shall tinean any (a) chemical, compound, material, mixture or substance that is now de-fined or listed in, of otherwise classified pursuant to any environmental law as a "hazardous substance;" "hazardous material," "hazardous waste," "extremely hazardous waste," "infections waste,,, "toxic waste," "toxic pollutant" or any other formulation intended to define, list or classify snbstarnces by reason of deleterious properties or effect and (b) petroleum, petroleum by- products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources. (7) Assumed Obligations. With the exception of obligations or responsibilities of Seller that are expressly assumed by Buyer in this Agreement, there are no obligations or responsibilities of Seller with respect to the Property or otherwise of any kind that are assumed by Buyer. (S) Endangered Species. To the best of Seder's knowledge, (a) 'there are no endangered or threatened species of animals, plants or insects on the Property and (b) there are no environmental or biological characteristics of the Property or adjacent property which eider existing law will adversely affect Buyer's ability to own, develop and /or market the Property or the cost thereof. (9) Ownership of Property- Seller is the sole and only party that owns or holds any interest in the Property. -10- 25C-20 (10) Property /Documents. To the best of Seller's knowledge, the Property Documents and all other documents and information provided by Seller or its agents or consultants to Buyer are complete, true and accurate kind do not omit any material fact and there are no other documents, materials, studies, surveys or other information in the possession or control of Seller that would have a material and adverse effect on Buyer's ability to own, develop and/or market the Property, (1 l) (Other Agreements. Except as set forth in the Property Documents and this .Agreement, Seller has not made any commitment or representation to or entered into any agreement of any kind with any government authority, or any adjoining or surrounding property owner, group or other third party, which would in any way be binding on. Buyer or all or any portion of the Property or would interfere in any way with Buyer's ability to own, develop, improve and /or market the Property, and will not make any such representations or warranties or enter into any such agreements Which would affect the Property or any portion thereof prior to the Close of }..screw, without Buyer's written consent. (12) Access. '['here is :full and unobstructed direct access to the Property from public streets, highways or roads which are adjacent to the Property. (13) Bankruptcy. No "Bankruptcy Event" (as defined below) has occurred with respect to Seller nor any member or manager of Seller. There is not pending or threatened any case, proceeding or other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or re- composition of Seller or any member or manager of Seller or seeking appointment of a receiver, trustee, custodian or similar official for Seller or any member or manager of Seller for all or any substantial part of its or their assets, "Bankruptcy Event" nneans (a) the making by a person of a general assignnnent for the benefit of such person's creditors, (b) the admission in writing by a person of its inability to pay its or their debts as they mature, (c) an attachwnetxt, execution or other judicial seizure of any property interest which remains in effect, or (d) the failure to have taken or submission to tiny action indicating a general inability by a person to meet its financial obligations as they accrue. (14) Material Change, Seller shall promptly notify Buyer if Seller obtains information that would .make any of the representations or warranties contained in this Section 5.2.1 materially inaccurate or misleading. 5.2.2 Buyer's Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to .Buyer, Buyer makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Seller. For all purposes of this Agreement, including Buyer's representations and warranties contained in this Section 5.2.2, the phrase "to the best of Buyer's knowledge" shall mean the current actual knowledge of Buyer. If prior to the Close of Escrow Seller determines that any representation or warranty of Buyer is untrue, inaccurate or incomplete in any material respect (and without waiving any of Sellers rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been Innown of by Buyer), Seller may give Buyer written notice of sarne and Buyer shall have seven (7) days from the elate of receipt of Seller's notice (and the Closing Date -11- 25C-21 shall be extended to permit the running of such seven (7) day period) ("Buyer Cure Period") to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Seller's reasonable satisfaction. If Buyer fails to make such correction within the Buyer Care Period, then Seller by written notice to Buyer Within three (3) days after the expiration of the Buyer Cure Period (and the Closing Date sliall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement or (b) continue this Agreement in fall three and effect with an change in terms, but Without Waiving any legal, equitable or other remedies it may have against Buyer. The foregoing is not a waiver or release of my or Seller's rights or remedies for any material untruth, incompleteness or inaccuracy in t representation or warranty of Buyer of which Seller obtains knowledge after the Close of Fserow. (1) Authorization. Buyer is a corporation duly formed and validly existing under the laws of the State of California and is qualified to transact business in the State of California. Buyer has full power and authority to enter into this Agreement and to perform all of its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement. Each individual who has executed this Agreement on behalf of Buyer has the right, power, legal capacity and authority to execute, deliver and perform this Agreement oil behalf of Buyer. (2) Binding Agreement. This Agreement constitutes a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms, except to the extent that such eril:76reement may be thrilted by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally, (3) Hotel Commitment. Buyer hereby represents and guarantees that, subject to obtaining the Entitlements, it Will COuStRict and develop the hotel component of the .Project oil the Property. The proposed construction and development of the hotel component of the Project oil the Property is critical to the Seller's decision to sell the Property to Buyer. No use of the Property other than as the Project and City approved ancillary uses will be considered an appropriate use of the Propctty- (4) Compliance with Law. Buyer is required to carry out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, enviroculiental laws safety laws and federal and state wage laws. 5,23 Natural Hazard Zone Disclosure. No later than seven (7) business clays prior to the Property Approval Date, the Seller will, at its sole cost and expense, provide Buyer with a Natural Hazard Zone Disclosure required by applicable law. 53 Buyer and Seller Cooperation. During the term of Escrow, Buyer shall submit plans for the ProJect to Seller, and Seller, in its capacity as the City within which the Project is located, will make the determination as to the required entitlements based upon Buyer's proposed plans. Buyer may then process and obtain the Entitlements deemed necessary -12- 25C-22 in connection with its plan for development of the Property through Seller in its capacity as the City within which the Project is located. Seller makes no representations nor warranties with respect to granting Entitlements and nothing in this Agreement shall be deemed to be a prejudgment or commitment with respect to exercise of governmental discretion with regard to such items nor a guarantee that such approvals or permits will be granted at all or within any particular time or with or without any particular conditions. 5.4 Seller's Additional Covenants, Seller hereby covenants and agrees that, Seller (a) will not promote, advertise, market, transfer, lease or convey any of the Property or enter into any agreement to promote, advertise, market, transfer, lease or convey any of the Property or modify or amend any lease other than to terminate any leases as to the Property, (b) will not enter into any agreement; that will be or purport to be binding oil the Buyer or the Property subsequent to the Close of Escrow; (e) shall, at its sole cost and expense, maintain the Property and all improvements thereon in a reasonable condition and in a manner that complies with all applicable laws and shall continue in full force and effect all property and liability insurance with respect to the Property which is in effect 30 days before the Effective Date; (d) will not take, approve or consent to any action or omission that world change the zoning, use, permits or Entitlement of or for the Property or that would otherwise adversely affect the Property or Buyer's plan for development of the Property or Buyer's ,processing of the Entitlements; (e) will promptly give Buyer written notice of any notice or information Seller receives regarding zoning uses, permits, licenses or other Entitlements which would have an adverse impact on the ability of Buyer to develop the Property for its anticipated use; (f) shall not record or cooperate in the recording against the Property or any portion thereof, of army lien, encumbrance, agreement, easement, right of way or other matter without Buyer's written consent; and (g) will not engage in any act or omission which would ,result in the Property not being in compliance with the provisions of this Agreement or arty applicable law or which would prevent the Title Company from issuing [lie Title Paticy in accordance with this Agreement. 6. Default by )buyer. 6.1 Liquidated Damages. IF ESCROW FAILS TO CLOSE SOLELY DUE TO A DEFAULT OR BREACH OF THIS AGREEMENT BY BUYER, SELLER WILL BE, DAMAGED AND WILL, BE ENTITLED TO COMPENSATION FOR THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN FOR THE FOLLOWING REASONS: (1) THE DAMAGES TO WHICH SELLER WOULD BE ENTITLED IN A COURT OF LAW WILL BE BASED IN PART ON THE DIFFERENCE BETWEEN THE ACTUAL VALUE OF THE PROPERTY AT THE TIME SET FOR THE CLOSE OF ESCROW AND THE PIJRC14ASE PRICE FOR THE PROPERTY AS SET FORTH IN THIS AGREEMENT; PROOF OF THE AMOUNT OF SUCH DAMAGES WILL, BE BASED ON OPINIONS OF VALUE OF THE PROPERTY, WHICH CAN VARY IN SIGNIFICANT AMOUNTS; AND (2) IT IS IMPOSSIBLE TO PREDICT AS OF THE EFFECTIVE DATE WHETHER THE VALUE OF THE PROPERTY WILL INCREASE OR DECREASE AS OF THE CLOSE OF ESCROW. BUYER. DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH BUYER MIGHT BE LIABLE SHOULD 13UYER BREACH THIS AGREEMENT. BUYER AND SELLER WISH TO AVOID THE COSTS AND LENGTHY DELAYS WHICH WOULD RESULT IF SELLER FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF ESCROW FAILS -13- 25C-23 TO CLOSE DUE TO A DEFAULT Olt }BREACH OF `FILLS AGREEMENT BY BUYER, THEN BUYER'S DEPOSIT ACTUALLY DELIVERED INTO ESCROW BY BUYER SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE OF SELLER'S DAMAGES UNDER THE PROVISIONS OF SECTION 1671 OF TIIE CALIFORNIA CIVIL CODE, SELLER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF THE FAILURE OF ESCROW TO CLOSE AS A RESULTING OF BUYER'S DEFAULT SHALL BE LIMITED TO COLLECTION OF SUCH LIQUIDATED DAMAGES AND ATTORNEYS FEES AND COSTS OF COLLECTION IN CONNECTION THEREWITH, II' ANY. THE LIQUIDATED DAMAGES ARE NOT INTENDED AS A PENALTY OR A FORFEITURE UNDER CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, EXCEPT AS PROVIDED IN THE FOLLOWING SENTENCE SELLER HEREBY WAIVES ALL OTHER CLAIMS, DAMAGES AND OTHER REMEDIES INCLUDING TIIE PROVISIONS OF CALIFORNIA CIVIL CODE SECTIONS 3384, 3357 AND 3389, THE FOREGOING LIQUIDATED DAMAGES CLAUSE APPLIES ONLY IN CONNECTION WITH THE BUYER'S DEFAULT IN ITS OBLIGATION 'TO CLOSE ESCROW AND 81IALL NOT APPLY TO (A) BUYER'S LIABILITY TO SELLER UNDER THE INDEMNIFICATION PROVISIONS OF SECTION 4.3 AND (B) SELLER'S ATTORNEYS' FEES INCURRED IN ENFORCING ITS RIGHTS UNDER SECTION 4.3 AND /OR TILLS SECTION 6.1. 6,2 Right to Cure. Bayer shall be cleaned to be in default under this Agreement if Buyer fails, for any reason other than Seller's default tinder this Agreement, to meet, comply with,, or perform my material covenant, agreement, or obligation required on its part, including the deposit or delivery of any fands, within the time limits and in the manner required in this Agreement; provider] that no such default shall be deemed to have occurred unless and until Seller has given Buyer written notice describing the nature of the default, and Buyer has failed to cure such default within seven (7) business days after the receipt of such notice (unless the curing of such default cannot reasonably be accornplished within such seven (7) business clay Period in which case the Buyer shall commence to cure such default within such seven (7) business clay period and diligently Pursues saute to completion within a reasonable amount of time), 7. Notices. Any notice to be given hereunder to either Party or to Escrow Holder shall be in writing and shall be given either by personal delivery, fhcsirnile, federal express (or simihu overnight delivery service), overnight courier or by depositing such notice in the United States first class mail, certified, with return receipt requested, postage prepaid and addressed as follows: SELLER: The City of Santa. Ana Hassan Haghani Executive Director Planning and Building Agency 20 Civic Center Plaza (M -20) P.O. Box 1988 Santa Ana, California. 92702 Phone No.: (714) 667 -2706 Fax No:: (714) 973 -14461 -14- 25C -24 With Copy to: Office of the City Attorney City Attorney 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Phone No.: (714) 647-5201 Fax No.: (71.4) 647 -6515 BUYER: NET DEVELOPMEN'r CO„ INC, 3130 Airway Avenue Costa Mesa, CA 92626 Attention: Kevin Coleman Phone No.: (714.) 754 -4454 Fax No.: (714) 754 -0198 With copy to: Rutan & Tucker„ LL'P 611 Anton Blvd., Suite '1400 Costa Mesa, CA 92626 Attention: Kim D, Thonapson Phone No.: (714) 641 -3449 Fax No.: (714) 546 -9035 Escrow Holder: Fidelity National Title Insurance Company 1300 Dove Street, Suite 310 Newport Beach, CA92660 Attu: April Palmer Phone No.:(949) 221 -4770 Fax No.: (949) 477 -6820 Either Peaty and Escrow Holder may, by written notice to the other and to Escrow Holder, designate a different address which shall be substituted for the one specified above. If any notice or other document shall be sent by certified mail as set forth above, it shall be deemed to have been effectively served or delivered seventy -two (72) bonus following the deposit of such notice in the tiruted States mail in the manner set forth above. If any notice or other document shall be sent by facsimile, it shall be deemed to have been served or delivered upon electronic confirmation of transmission; provided that it is confirmed by a follow -up notice using approved methods hereunder within seventy -two (72) hours and provided further that subject to the Foregoing if such transmission occurs on a weekend or holiday or after 5:00 p.m, on a weekday, it shall be deemed to have been received at 8 :00 a.m. on the immediately following business day, 8. Attorneys' Fees. If any Party to this Agreement shrill bring any action or proceeding for any relief against the other, declaratory or otherwise, in any way arising out of or in connection this Agreement and /or the Property, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys` ,Pees and costs (including without limitation expert witness fees) incurred in bringing or defending such action or proceeding or enforcing tiny Judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such -15- 25C-25 action or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final ;judgment. Any judgment or order entered in such action or proceeding shall contain a specific provision providing for the recovery of attorneys' fees and costs, separate from the judgment, incurred in enforcing such judgment. The prevailing Party shall be determined by the trier of fact based upon an assessment of which Party's major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other Party's major arguments or positions on major disputed issues. For the purposes of this Section, attorneys' fees shall include, without limitation, fees incurred in the following: (1) post - judgment motions, (2) contempt proceedings; (3) garnishment, levy and debtor and third party examinations, (4) discovery; and (5) banldruptey litigation. 9. Miscellaneous. 9.1 No Modification& No addition to or modification of any term or provision of this Agreement is effective unless in writing and signed by the Parties. 9,2 Construction of Agreement. The provisions of this Agreement shall not be construed in favor of or against either Party, but shall be construed as if both Parties prepared dris Agr ocraern. 93 headings. The Section headings of this Agreement are only for convenience and shall not be deemed to limit the suliiect of such Sections or to be considered in their construction. 9A Governing Law, The laves of the State of California shall govern this Agreement 9.5 Time of the Essence. Time is of the essence of each and every provision of this Agreement, 9,6 Further Assurances. Each of the Parties shall execute and deliver all additional papers, documents and other assurances, and shall do all acts and 'things reasonably necessary in connection with the performance of their obligations under this Agreement to carry out the intent of this Agreement. 9.7 No Waiver. No waiver by a Party of a breach of any of the terms, covenants, or conditions of this Agreement by the other shall be construed or held to be a waiver of any succeeding or preceding Breach of the same or any other term, covenant or condition contained 'herein. No waiver of any default by a Party shall be implied from any omission by the other Party to take any action on account of such default if such default persists al• is repeated and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by either Party to or of any act by the other requiring the first Party's consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent or approval to or of any subsequent similar acts by the other Patty. 9.8 Severability. If any portion of this Agreement is held by any coma of contpetent jurisdiction to be .illegal; null, void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the fill extent -16- 25C-26 permissible by law, but only to the extent that performance of such remaining ,provisions would not be inconsistent with the intent and purposes of this Agreement. 99 Gender and Number. As used in this Agreement (]unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural include one another. 9.10 Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations and understandings of the Parties, oral or written„ (including, without limitation any letters of intent or understanding) are hereby superseded and merged herein. The preceding sentence shall not affect the validity of any instrument executed by the Parties in the forth of the exhibits attached to this Agreement, 9.11 Survival. All covenants, agreements, representations, warranties and indemnities contained in this Agreement shall survive the exccrition and delivery of this Agreement and the Close of Lscrow and the delivery and recordation of all documents or instruments in connection therewith. 9.12 Time References. Unless otherwise expressly provided in this Agreement, any reference in this Agreement to time for performance of obligations or to elapsed . time shall mean. Pacific Standard Time and time periods shall paean consecutive calendar days, months or years, as applicable. If the date ( "Performance Date ") on which any action is to be taken, any obligation is to be performed, or any notice is to be givens under this Agreement falls on a Saturday, Sunday, day in which the Santa Ana City Hall is closed or federal holiday, such Performance Date shall be automatically extended to the next business day. As used in this Agreement, "business day ", means any calendar day that is not a Saturday, Sunday, day in which the Santa Ana City Ball is closed or federal holiday. The time for performance on any Performance Date shall be no later than 5:00 p.m., unless otherwise provided in this Agreement. 9.13 Incorporation of Exhibits. Except as intentionally omitted, all exhibits attached hereto and referred to herein are incorporated into the Agreement as though fully set forth herein. 9.11 Venue. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be the Superior Court of Orange County and Mile Parties hereby agree to and do hereby submit to the jurisdiction of such court. 9,15 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be construed as one instrument 9.16 Assignment. Buyer may not assign its rights or obligations under this Agreement without the prior written consent of Seller, which consent may be withheld in the sole discretion of Seller, Buyer shall provide Seller with thirty (30) day written notice of any such proposed assignment. Notwithstanding the foregoing, Buyer, without Seller's consent shall be entitled to assign its rights and obligations under this Agreement to (a) a partnership of which Buyer, Kevin A. Coleman or an affiliate entity is the general partner, (b) a limited liability _1y.. 25C -27 company_ of which, Bayer or an affiliate entity is the managing member and which Buyer or air affiliate entity directly or indirectly holds an ownership interest and any other entity in which Buyer directly or indirectly has an ownership interest and is responsible for managing the day to day activities of such entity or (c) SA Hotel One LP, a California limited partnership ('which entity has been formed by Buyer to acquire and develop the Property and confoms to the foregoing). Buyer shall provide Seller with written notice of any such assignment. 9.17 No 'Third Parry Beneficiaries. Notwithstanding any provision contained in this Agreement to the contrary, this Agreement is intended as and shall be deemed to be an agreement for the sale of assets and none of the provisions hereof shall be deemed to create any obligation or liability of any person that is not a Party, whedrer under a third-party beneficiary theory„ laws relating to transferee liabilities or otherwise. Except as provided otherwise in this Agreement, Buyer shall not ascunnc and shall not be obligated to discharge or be liable for any debts, liabilities or obligations of Seller including, but not limited to, espy (a) liabilities or obligations of Seller to its creditors, shareholders, members, partners, managers, or owners, (b) liabilities or obligations of Seller with respect to any acts, events or transactions occurring prior to, on or after the Close of Escrow, (c) 'liabilities or obligations of Seller for any federal, state, county or local taxes, or (d) any contingent liabilities or obligations of Seller, whether known or nnicnown by Seller or Buyer. Except as provided otherwise in this Agreement, Buyer shall have no duty whatsoever to take any action or receive or mare any payment or credit arising from or related to any services provided or costs incurred in connection with the Property prior to the Close of Escrow, including, but not lirtiited to, any matters relating to cost reports, collections, . audits, hearings, or legal action arising therefrom. [SIGNATURES ON FOLI,OPVING PAGE] -lb- 25C-28 ISIGNATURE PAGE TO SALE AGREEMENT AND ESCROW INSTRUCTIONS) Buyer and Seller have executed this Agreement as of the Effective Date. THE CITY OF SANTA ANA NET DEVELOPMENT" CO., INC. a public body corporate and politic a California corporation By: City Manager AS TO FORM: VALHO, City Attorney Ana City Attorney RECOMMENDED FOR APPROVAL: HASSAN HAGHANI Executive Director Planning and Building Agency 0 _lg_ 25C -29 EXHIBIT "A "" DESCRIPTION/DEPICTION OF PROPERTY The Property is the real property in the City of Santa Ana, County of Orange, State of California, described as follows: APN: 003-113-80 and 003- 113 -81 PROPERTY ADDRESS: 9129 North Main Street, Santa Aria, California LEGAL DESCRIPTION: Portion of Lots 3 through 6, and 9 through 12, Phelps Subdivision of a portion Of the Dericot Tract, per inap recorded in Book 1, Page 95 of Miscellaneous Maps, in the office of the County Recorder, County of Orange, California, plus portion of adjacent vacated public alley. 25C-30 East End Realty Par 129 West Wilson Street Costa Mesa, C/\g; April I7'2017 RE: Proposed Hotel Project Honorable Mayor & City Council, !arn writing this letter in support nf the proposed h( it's a good project f*rthe[ityandvvi|laddmUChoei Asa major stakeho|derinth8DnvvMtOvvm8renonost outside uf the area, orin many cases, in competing | they stay and spend their money in Santa Ana. |M@( term construction jobs and permanent jobs once np will generate approximately one million dollars inar find many uses for. All and all seems like $ positive � City needs more of. Thanks for your consideration Sincerely, Ryan Chase ��v� ����� � ��� n� �&� IKyS�/ ,`� � rn/ � |erS� ~ \)r�°~ Uke108 at%l2QN Main St. |bekeve ( visitor serving hotel rooms. sitars have no choice but to stay �ighboring cities. Would much rather lition, the project will create short n and noy understanding is the hotel ma! TOT � tax which sure they City could ject for the City and ao amenity the REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: AGREEMENT WITH EXTERIOR PRODUCTS FOR INSTALLATION, REMOVAL, AND STORAGE OF AMERICAN FLAGS {STRATEGIC PLAN NO. 3,4A) ACT I`NC -CITY "MANAGE R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _•-:• ❑ 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 Acting City Manager and the Clerk of the Council to execute an agreement with Exterior Products, subject to non - substantive changes approved by the Acting City Manager and City Attorney, for the installation, removal, and storage of American flags to be used in downtown Santa Ana, in an amount not to exceed $13,200, for a term beginning May 2, 2017 through December 31, 2019. DISCUSSION Since 2010, the City has contracted with Exterior Products to install, remove, and store American flags for use on Fourth Street in downtown. The flags are installed on the historic lamp posts on Fourth Street between Ross and French. The flags are installed in observance of the following days each year: • Martin Luther King Day • Presidents Day • Memorial Day • Independence Day • Labor Day • September 11th • Veterans Day In March 2017, the City solicited bids from local vendors to install, remove, and store American flags for use in downtown Santa Ana. The City received three proposals form qualified vendors (Exhibit 1). Exterior Products was selected once again for their experience and qualifications, a record of providing excellent service to the City of Santa Ana, and for submitting the lowest -cost proposal. The table below shows the total estimated costs of the three proposals received by the City. 25D -1 Agreement with Exterior Products May 2, 2017 Page 2 Vendor Annual Cost Total Cost 3 ears AAA flags $9,986.72 $29,960.16 Dekra -Lite $8,222.19 $24,666.58 Exterior Products $4,400.00 $13,200.00 Staff recommends that the City enter into an agreement with Exterior Products for the installation, removal, and storage of American flags for use in downtown, for a term beginning May 2, 2017 through December 31, 2019. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3 (Economic Development), Objective 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy A (Provide a safe and inviting public environment in the downtown, including the Wellness Corridor, through enhanced amenities, improved way finding and engaging street/sidewalk design and lighting). FISCAL IMPACT Funds in the amount of $13,200 are available in the Downtown Enhancements and Parking Modernization Plan account (no. 02710133 - 62300) for possible expenditure in FY 2016 -17. Fiscal Year Spending Projections FY 2016 -17 (1 holiday ) $ 694 FY 2017 -18 (7 holidays) $ 4,858 FY 2018 -19 (7 holidays) $ 4,858 FY 2019 -20 4 holidays) $ 2,776 TOTAL $ 13,186 R6bdrrt`C. Cgi'tez Deputy City Manager City Manager's Office Exhibits: 1. Bids Received March 2017 2. Agreement with Exterior Products APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez te Executive Director Finance and Management Services Agency 25D -2 Exterlor Products, Corp. 1031 North Shepard Street Estimate 006073 Anaheim, CA 92806 Phones (714)632 -3509 Date 2/3/2017 Fax: (714) 632 -3589 email: ehcQMkkMMd&L0M we Slte: e e r r du a, a a I. tin rou •oo STarC Shl DaCO i Shlpglnl Via Ron ID I Terms S eclat 2017 tc 2019 I T6D DCI Due July 1 .Three Year A' roament 0111 Too City of Santa Ana Administrative Services Division M -25 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Victor Negrete Phone: 714- 647 -5479 email V re s ta-a Ship To; American Flag Installation On 4th Street between French and Ross Santa Ana CA Contact: Terri Eggers Cell: 714.647 -5378 e -mall: ]'e1ggrercisantaAna ore Quantity Deacri tion Unit Prise Extended Three Year Flag Agreement 35 American Flag Service: Includes Labor, machinery to Install, remove & store 35 American Flags, Includes Pour (4) new replacement flags and two (2) replacement classic wood poles each year. Holidays covered are: Martin Luther King Jr. Day Presidents Day Memorial Day Independence Day Labor Day & Sept 11th - Veterans Day - 6._- -- 2018 4 / 4,400.00 2019 ?' 400.00 Payment remitted in full one time per year on July 1st. Note: Individual dates will change sllghtly for 2016 & 2019 Contractor's License # 947006 Tax ID # 27- 1393763 Subtotal 4 400.00 Quota Valid Until: 3/6/2017 7.75o/n Tax - Custamel ^Approval Frelght Sign, email or fax to 714- 632.3589 Total -1M1 'i6;p0- ) i,'L(pq- SeilerSignature: Eric Peterson TItW Principal Payable on July Ist each year S - 4- 4.06:ro•e- 1�7�a Please sign this estimate and fax to: 714- 632.9569 to Indicate your approval. ...................... designs survey results and confidential quotes are not to be copied, shared or distributed, This Is a confidential communication re Intended redplent and a communlcetlon privileged by law. elladon subject to 15% restoVping Pee. This contract shall be construed aid governed In accordance with the laws of the State of CA. Not tnershlp or Joint Venture. Arbitration of Disputes- any dispute or Claim In law or equity orlsing out of thls agreement be decided by neutrel ng arbitration. The unsuccessful arty In such actlon sprees to reimburse the successful Party therein for Its reasonable expenses and v Paaa r— p ...... . W racnnFel le Fnr, —A.n— — A, a of r.. .J PIInLad Using GeMa BU.Inaea Management Syalama 0 25D -4 Page 1 of M d , D e a I w necoMatton Innovation P RPM 0r 7 1 31 2 3102 W. ALTON AVE. ANA, CA 02704 Phone: ()4436-,0705 I ({({ II Fax; (71 4 A) 436 - 36 -D612 �Ifl� NCI ��I IIII�IIQP IIIIIII �� �1 Customer P.Q. Number City of Santa Ann Quote fate 3117117 Mrs Victor Nogrete Ship Date 5/24(17 Public Works Agency Account Rap Stacey Jordan 220 S. ])stay Santa Ana, CA 52702 USA Ship Via INSTALI- Phone: 71d 547.5d79 Eax: F.03. Payment Terms Santa Ana Net 30 �,p ' '" "4. , "" a .. Sales Tax Code ORANGE City of Santa Ana Atta: Victor Negrete Customer ID: SAN022 365 S. 4th St. Santa Ana, CA 92701 USA 1 FLNYOLO37,5AM 3'x 6'Nyton American Flag Each 105 $19.95 Y $2,094,75 2 FLSPINSTASWNI' 6' Spinning Stabilizer Flag Pole, White (with Each 35 $29,96 Y $1,046.25 adjustable braokep 3 LASQRINST Labor installation Each 560 $19.00 N $10,640.00 of New 3'x 5'Amodcan Flags on Existing Holder (140) for Year 2017 (210) for Ysar2018 (210) for Yaor2otg 4 LASORREMOVAL Labor Removal Each 560 $19.00 N $10,640.00 of Customer Owned 3'x 5'Amedcan Flag and Flag Pala (140) for Year2017 (2 10) for Year 2018 (210) for Year 2019 _ ar�spbgP�Til` '4 `fin �" r?�t€,`�S' Please sign and email or fax to (714) 436 4612 Install Data: See Details Removal Date; See Details PIInLad Using GeMa BU.Inaea Management Syalama 0 25D -4 Page 1 of j[Del rg,- i IdIs ti6UOY2tlOn Innovation 3102 W. ALTON AVE. SANTA ANA, CA 92704 Phone: (714)436 »0705 Fax: (714) 4$6.0612 ACCEPTED BY DATE PRP071312 $ub,Total $24,423.00 Misc. Fees 0,00 Freight 0.00 Discount 0.00 _I�.._...._. Tax $243.68 Total $24,888.88 AUTHORIZED SIGNATURE DATE NAME PArded Using W.V. f)ushtess Management Systems ril 25D -5 Page 2 of 3 Corporate Offioo 8955 Na1lonal Blvd Loa Angeles, CA 900$4 $10.836.3200 CUSTOMER 0228119 CITY OF SANTA ANA PROJECT US FLAG RFQ PRIMARY CONTACT VICTOR NEGRETE 714.6475479 V N EGRETS @$ANITA- ANA,ORG DUE DATE SHIPPING METHOD Installation • AAA Factory PAYMENT TERMS COD TRANSACTION # QTE215848 DATE 03/16/2017 EXPIRES 06/1412017 SALES 1'kAM 233 SHARA ENTIN BILL TO CITY OF SANTA ANA 20 CIVIC CENTER PLAZA 6th FLOOR SANTA ANA CA 92701 SHIP TO AAA INSTALLATION @ CITY OF SANTA ANA 4TH STREET BETWEEN ROSS & FRENCH SANTA ANA CA 92701 35 ; DescYiStion_' 3' X V ECONOMY US FLAGS (OPTION A) $17,50 $612,50 ltem'. ,' .,' Stook Signs & Flags 35 10e86iiptlori V X 5' NYL.GLO US FLAGS (OPTION B) $32.50 $1,137.50 item Stock Slgns & Flags 6 . D®sarlptlon 6 WOOD POLE WITH ROUND FINNIAL (6 PER CASE) • �$73.40X $440,40 Item Hardware 35 peacripflon '., 2017 MEMORIAL DAY - INSTALLATION $22,50 $787.50 Item '; Banner Installation 35 Doscrlptlon ''12017 MEMORIAL DAY • REMOVAL $22.50 $787,50 Itam Banner Removal 36 DescNlstki n I20174TI -1 OF JULY. INSTALLATION $22.50 $787,50 Item . Banner Installation - $.5 Des ndptio ; 2017 4TH OF JULY. REMOVAL �_,,,,_._ ,,._._____._._...._._.,....._.. ,...�,,._�.._ ...�_�.....W.... $2250 $787.50 (tern Banner Removal 38 Deaorlptiorj , .2017 LABOR DAY /SEPTEMBER 11TH • INSTALLATION � � _ $22.50 $787.50 :It am . ; .. &.rnYY4Y Installation 35 . Description 2017 LABOR DAY /SEPTEMBER 11THI • REMOVAL $22.50 $787,50 Item : Banner Removal 35 De'scripfgn. 2017 VETERANS DAY• INSTALLATION $22,50 $787.50 .Item Banner Installation 35 Desorlpflon 2017 VETERANS DAY. REMOVAL $22.50 $787,50 Item Banner Removal www.aoaflan,00m 250 -6 page 1 of 7 0102% Corporate Office TRANSACTION QT9216548 jA A 8955 Wend Blvd DATE 0311612017 Los Angeles, CA 90054 310-836-5200 36 4:,66s 2018 MARTIN LUTHER KING JR • INSTALLATION 522.50 $787.50 Banner Insfallotlol 35 P e 8 o 1 1 p 11 0 n% 2018 MARTIN LUTHER KINGJR- REMOVAL $22.50 $787.60 ;'ltelYi, Banner Removal as Description 2018 PRESIDENT'S DAY • INSTALLATION 022.50 $767,0 Item' Banner instdIatior 38 Delcrip1tok 2018 PRESIDENT'S DAY. REMOVAL $22.60 $787,50 Item Bonner Removal 36 Desoription :2013 MEMORIAL DAY- INSTALLATION $22,60 $787,60 Banner Removal Danner Installation 36 pescrlpt!on 2018 MEMORIAL DAY • REMOVAL $22.50 $76740 item Banner Removal 35 Des.c,ripflan., 2018 4TH OF JULY- INSTALLATION $22,60 $787.50 Item Banner Installation 35 Des: on 2018 4TH OF JULY • REMOVAL $22,60 $787.50 Ifen) Banner rismoval 36 Dworiptlon .:2010LABOnDAY/SEPTrMBERIITFl-INSTALLATION $22.60 $787.50 Item Danner Installation 35 Oesoripflon 2018 LABOR DAY/SEPTEMBER 11TH -REMOVAL $22.50 $787.60 item Banner Removal 36 Dosor,Ipflon 2018 VETERANS DAY • INSTALLATION $22.50 $787.50 Item Banner Installailon 36 D6PcrIptlon :i 2018 VETERANS DAY- REMOVAL $22,60 0787.60 Item Bonner Removal 4 1)6spClpflon 2019 MARTIN LUTHER KINO JR - INSTALLATION $2150 $787.50 Item Banner Installation 35 bqs!crlpfion 2019 MARTIN LUTHER KING JR, REMOVAL $22.50 476760 Item' Banner Removal 36 Doscelpffor) 2019 PRESIDENT'S DAY INSTALLATION $22,60 $737.50 Item Banner Installatlon 96 Desoription 2019 PRESIDENT'S DAY - REMOVAL $22.50 $787.50 Item Banner Removal 35 Desorlption .2019 MEMORIAL DAY- INSTALLATION $22,50 0767.50 Item banner Installatloin www.a(Aaflug.00m 25D-7 Pogo 2 of 7 55 Ciesorlpflon- 2019 MEMORIAL DAY • REMOVAL Banner Removal TRANSACTION QTIE215548 DATE 03/16/2017 $22,50 $787.60 56 Descripflgn 2019 4TH OF JULY , INSTALLATION $22.60 $7137.60 itom Banner Installatlon 35 Deawipfic6. 2019 4TH OF JULY - REMOVAL $=50 I)787X0 Item t� Banner Removal 35 Description, � :2019 LABOR DAY /SEPTEMBER I ITH • INSTALLATION $22,50 $787.50 . , Item ;banner InsiallatJon 36 Corporate Office 8956 National Blvd 241 IV LABOR VAY/RPIEll 11 IH-REjvIQVAL [,.as Angeles, CA 90034 310-836-3200 55 Ciesorlpflon- 2019 MEMORIAL DAY • REMOVAL Banner Removal TRANSACTION QTIE215548 DATE 03/16/2017 $22,50 $787.60 56 Descripflgn 2019 4TH OF JULY , INSTALLATION $22.60 $7137.60 itom Banner Installatlon 35 Deawipfic6. 2019 4TH OF JULY - REMOVAL $=50 I)787X0 Item t� Banner Removal 35 Description, � :2019 LABOR DAY /SEPTEMBER I ITH • INSTALLATION $22,50 $787.50 . , Item ;banner InsiallatJon 36 DeDorlptlQrn 241 IV LABOR VAY/RPIEll 11 IH-REjvIQVAL $22,50 $107,60 Item i banner Removal 36 � t?esoriPtlon i(2019 VETERANS DAY - INSTALLATION U2,60 087.50 .:Item Banner Installation 36 DescrIp'llon 2019 VETERANS DAY- REMOVAL $22.50 $787.50 it6m Banner Removal I �Nsprlpt!,Qn 2017 ANNUAL STORAGE FEE $750,00 $750.00 I feM Banner / Graphic Storage Service i Description, l 2016 ANNUAL STORAGE FEE $760.00 $760,00 Item Banner / Graphic Storage SarvIoe 1 Dosorliptl6n 2019 ANNUAL STORAGE FEE Item :I Banner / Graphic Storage Service i Desorption SITE SURVEY Iten Site Survey ,Detail. 'ASSESS EXISTING BRACKET HARDWARE Dqsorlpflo , n REPLACEMENT FLAGS ik POLES TO BE QUOTED AS NEEDED 'Item memo Shipping charges are not Included, and will be biled al, the time of Invoice unless listed. $750.00 $750.00 $150,00 slmoo 00,00 $UBTOTAL $29,790-40 EST. SHIPPING TED TAX (7.750/6)- $169,76 TOTAL $29,960.16 www.acicificig.com 250 -8 page 3 of 7 CON SUU,Aq AGREEMENT THIS AGREEMENT is made and entered into this _ day of _, 2017 by and between Exterior Products, Inc., a Californla 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 "), gk"_11_I A, The City desires to retaln a consultant having special skill and knowledge in the field of installing, removing, and storing American flags, B. Consultant represents that Consultant is able and willing to provide such services to the City, C, In undertaking the performance of this Agreement, Consultant represents that it Is knowledgeable in Its field and that any services performed by Consultant under this Agreement will be performed In compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows., 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement, attached herewith and incorporated herein by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified In Exhibit A. The total sum to be expended under this Agreement shall not exceed thirteen thousand, two hundred dollars ($13,200,00) during the term of this Agreement. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which talcs to meet the standards of performance set forth In the Recitals which may reasonably be expected by City. On separate approval by the City, payment will be made on all proper invoices evidencing acceptable work performed prior to the start date of this Agreement in section 3 below. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2019, unless terminated earlier in accordance with Section 14, below. J'he Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. LJ 4, INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement Is not Intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services, Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 51 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, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement. 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 3700 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: 25D -10 (1) 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 by the City. (ill) 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 or termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall Indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or Indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, Judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding, 7. INTELLECTUAL. PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, 2501-11 including costs, contained In the work product or documents provided by Consultant to the City pursuant to this Agreement. 8, RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement, All such records and invoices shall be clearly Identifiable. Consultant shall allow a representative of the City to exarnine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. • 1 r rtl 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, ubsidiary andlor 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. 1t1, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shalt not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or ether 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: 2501-12 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 With courtesy copies to: Executive Director — CDA City of Santa Ana 20 Civic Center Plaza (M -) P,O. Box 1988 Santa Ana, California 92702 Fax 714- 647 - ME 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: 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 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. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other Instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or 25D -13 agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. 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, 14. 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. 15. DISCRIMINATION Consultant shall not disarlminate 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 aff irms that It is an equal opportunity employer and shall comply with all applicable federal, state and 10001 laws and regulations. 16. JURISDICTION • VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. 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 2501-14 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, 18. 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. fSignFature Page Follows) 25D -15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA T H"'U--]Z"-A—R-- Clerk of the Council APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: ROBERT 0, CORTEZ Deputy City Manager Community Development Agency 25D -16 CITY OF SANTA ANA GERARDO MOUET Acting City Manager EXTERIOR PRODUCTS, INC. ERIC PETERSON Principal CA License # 947000 W0111 SCONE OF SERVICES 25D -17 Exterior Products, Corp. 1031 North Shepard Street Estimate 006073 Anaheim, CA 92806 Phartol (714) 632 -3509 Date 2/3!2017 Faxl (714) 632.3509 emalit gdn(rggxl rri roductg01 website; r.axtarior pciuc sn w,aw. x r Lhtin 5u .ao m Start Shlr Date yr Via C;ea1�f ;f3 Tarms Special 2tl17 to 20.19 —JAL.- .. __ -, DC mm Due )uIY i ,'..,iTtiYe�Y �A,�,, gritrZ41 ®nTi?tx Bill To; City of Santa Ana Administrative Services Division M -25 20 Civic Center plaza Santa Ana, CA 92701 Contact; Victor Negrate Phone: 714 -647 -5479 email ynfflmta�-iiaii Cg Ship Tot American Flag Installation On 4th Street between French and Ross Santa Ana CA Contact: Terri Eggers Cell: 714- 647 -5378 e -mail; 12gger3e sans -anaM uan it Doacrintion . ' _�, Unit Price Sxtended Three Year Flag Agreement 35 American Flag Service: Includes Labor, machinery to Install, remove & store 35 American Flags. Include, Four (4) new replacement flags and two (2) replacement classic wood poles each year. Holidays covered are: Martin Luther King Jr. Clay Presidents pay Memorial pay Independence Day Labor Day & Sept 11th Veterans pay 2017 4,400.00 2018 4,400.00 `,400.00 Payment, remitted In full one time per year on .July 1st, Note: Individual dates will change slightly for 2018 & 2019 Z—OrP Ctoffa License # 947006 - - ��W - - -� Tax ID # 27- 1383763 Subtotal 4 400.00 Quote Valid Until: 3/5/2017 7.76% Tax - _- -- _._..._.,..,,......__...- / Customer Appro val Freight Sign, email or fax to 714- 632 -3589 Total Seller Signature: Eric Peterson 'title: Principal payable on July 1st each year 4,400.OD 4 400.DQ Please sign this estimate and fax to: 714. 632 -3589 to Indicate your approval. Our designs survey results and confidential quotes are not to be copied, shared or distributed. This Is a for the Intended recipient and a communication prlvllaged by law. Cancellad, subject to 15% restocking fee. This contract shall be Construed and governed In accordance with the I; a Partner5nipp or Joint Venture. Arbitration or Disputes- any dispute or claim in law or equity arising out or this agree binding arbitration. The unsuccessful pparty in such acdoh agrees to reimburse the successful party therein for It attorney's fees. Contractor not responslpa for vandalism or Acts or God. 25D -18 CA, r�111n,3 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # — relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional Insureds ( "additional Insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured, 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named Insured, such insurance as is afforded by this policy Is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds, 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an Insured shall not affect any right which such person or organization would have as a claimant if not so included, 4. With respect to the additional Insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured 25D -19 Countersigned by Authorized Representative 25D -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2017 TITLE: APPROVED AMENDMENT TO WATER QUALITY TESTING ❑ As Recommended AGREEMENT WITH CLINICAL LABORATORIES ❑ As Amended OF SAN BERNARDINO ❑ Ordinance on 15' Reading El Ordinance on Reading [ NON - GENERAL FUND] ❑ Resolution Resolution (STRATEGIC PLAN NO. 5,610 & 6F) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CIT AN DER-- RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Clinical Laboratories of San Bernardino for domestic water quality testing services, increasing the contract amount by $20,000 for lead sampling for a total amount not to exceed $440,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. On January 18, 2017, the State Water Resources Control Board (SWRCB) Division of Drinking Water amended the City of Santa Ana Domestic Water Supply Permit (Public Water System No. 3010038). The amendment (Exhibit 1), in an order to protect public health, requires the City to test any Kindergarten through 12`h grade school, served drinking water by the City, for lead in their water supply upon request. The Lead and Copper Rule (LCR) requires the City to monitor drinking water at customers' taps. Schools that are served by community water systems are generally not included in the LCR testing. While the City takes active measures to remain below the Action Level (AL) for lead set by the US Environmental Protection Agency (EPA) Primary Drinking Water Standards (PDWS), and to ensure City water is non- corrosive, privately owned plumbing fixtures made with lead could still emit lead into the water of parcels they serve. To identify such instances in local schools, staff proposes expanding testing commensurate with new conditions of the City's amended permit. Clinical Laboratories of San Bernardino, the City's current contracted vendor for water testing services (A- 2014 -131, Exhibit 2; and A- 2014 - 131 -01, Exhibit 3), has offered to expand their testing to schools in response to the State's new testing mandate. Staff has identified 89 existing schools covered by the new mandate and estimated the cost of additional testing to be approximately $10,000 based on pricing from the current vendor (Exhibit 4) and the average number of tests anticipated for each school. The State will notify these schools of their eligibility and the procedure to request testing from the City. Staff is preparing a Request for Proposals (RFP) to create a viable testing plan and schedule for participating schools which will depend upon the timing of school requests, requirements of the permit amendment, and availability of staff to perform required sampling. Testing will likely begin during the current agreement extension (1 of 2, A- 2014 - 131 -01) but may be ongoing when it expires in June 2018. To ensure adequate funding and flexible timing for the necessary 25E -1 AMENDMENT TO WATER QUALITY TESTING AGREEMENT WITH CLINICAL LABORATORIES OF SAN BERNARDINO May 2, 2017 Page 2 work and expenditures, staff recommends Council approve this amendment (Exhibit 5) sufficient to accommodate the range of possible implementation periods and schedules. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy D (partner with the California Endowment, Schools, charitable foundations and other non - profit organizations to implement health and wellness programing (including a healthy Santa Ana website) based on quantifiable and measurable data); and, Strategy F (incorporate health and wellness into all applicable policies and plans (e.g. General Plan, Comprehensive Economic Development Strategy, Capital Improvement Plan, etc.)). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Quality & Measurement, Contract Services - Professional account (06017644- 62300). FYE Account Description Amount 17 !06017644 -62300 Professional Services $ 10,000 18 06017644 -62300 Professional Services $ 10,000 Total ;L� $20,000. 61� F Ga . Fred Mousavipour Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ,� p Executive Director Finance & Management Services Agency FM:NS Exhibits: 1. SWRCB Permit Amendment Letter dated January 18, 2017 2. Agreement with Clinical Laboratories of San Bernardino (A- 2014 -131) 3. First extension of agreement with Clinical Laboratories of San Bernardino (A -2014- 131-01) 4. Letter from Clinical Laboratories of San Bernardino dated January 23, 2017 5. First Amendment to Agreement A- 2014 -131 25E -2 cauwx +u Water Boards State Water Resources Control Board Iffimo, d tAfnktvl wato January 18, 2017 Mr. Nabil Saba Water Resources Manager City of Santa Ana, System No, 3010038 220 South Daisy Ave. Bldg A Santa Ana, CA 82703 ISSUANCE OF PERMIT AMENDMENT 2017PA SCHOOLS REQUIREMENTS FOR LEAD SAMPLING AT K -12 SCHOOLS Brvv w, d. pnww .V�. w ml:nn r,1A111M Yi (�I.Y6(inlf I} g11M �M IkT]1YlFAIN IRVILMI, The State Water Resource Control Board, Division of Drinking Water (Division) has issued a permit amendment to the City of Santa Ana water supply permit. The enclosed permit amendment establishes requirements for lead monitoring and lead sample result interpretation at Kindergarten to 12* grade (K -12) schools served by your water system that have submitted a written request for lead sampling related assistance. Full details of the new requirements for K -12 school lead sampling and lead sample result interpretation are included In the enclosed permit amendment. If your water system does not serve potable water to at least one K -12 school, this permit amendment does not apply to your water system. The Water System to whom a permit amendment is issued may fife a petition with the State Water Resources Control Board (State Water Board) for reconsideration of the decision to issue the permit amendment. Petitions must be received by the State Water Board within 30 calendar days of the Issuance of the permit amendment. The date of issuance is the earlier of the date when the permit amendment is mailed or served. If the 30th day fails on a Saturday, Sunday or state holiday, the petition Is due the following business day. Petitions must be received by 5 p,m. Information regarding filing petitions may be found at: htto: / /www.waterboards.ca.gov /drinking water /orogramstpetitionstindex shtml Please visit the Division's school lead htto:/l www.waterboards.ca.govldrinkinq waterlcerttic(drinkind for additional information Including frequently asked questions rll:an Ai.+ln:n. Cru;n 1 Tnavno W+Yarnnu. €xxurAV mascroa other important guidance. i tvsr W9odvk, 6W7• 0.6040 In, hbnfucq. CA 43W I p Mdutnx+i.el II Page wiffid at: City of Santa Ana - 2 - January 18, 2017 If you have any questions, please contact the Lead Sampling for Schools Specialist at (916) 439• 5577 or email your question to DDW- PLUCoMaterboards.ca.gov Sincerely, ct�' C' P4-. Oliver Pacifioo, RE, District Engineer Santa Ana District Enclosure: 2017PA„Schocls cc: Orange County Environmental Wealth (email) 21 Page -141 A -2014 -131 INSURANCC ON FILE WORK MAY PROCEED UNTIL INSLIRANCE EXPIRES CLERK OF GO COUNCIL (— DATE: AU LE sff FOR P Ov1SION OF WATER OjjALiTv TF J-INVx SERVICE THIS AGREEMENT, made and entered into this 3d day of June, 2014 by and between Clinical Laboratory of San Bernardino, [no., a California corporation (hereinafter "Consultant "), y and the City of Santa Ana, a charter city and municipal corporation organized and existing under ! t the Constitution and laws of the State of California (hereinafter "City "). 1 RE' ITAI,S A. The City desires to retain a consultant having special skill and knowledge in the field of domestic water quality testing. 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 frotn a professional consulting firm in the field. NOW THEREFORE, in consideration of the inutual 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 domestic water quality testing in accordance with "Standard Methods ", Title 22 of the California Code of Regulations, entitled "California Domestic Water Quality and Monitoring Regulations ", and the Code of Federal Regulations, Such testing shall include bacteriological quality, general physical quality, general mineral, nitrate /nitrite, inorganics, fluoride, haloacetic acids and total ttiahalornethanes. All work shall be performer) in accordance with City's Request for Proposals dated March 13, 2014, attached hereto as Exhibit A, and incorporated by reference. 2. DELIVERY OF WORI�PROIDUCT - OWNERSHIP Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to do so. 3. CONIPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $140,000.00 during the term of this Agrectnent. KTIZI- 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 June 3, 2014 and terminate on June 2, 2016, unless terminated earlier in accordance with Section 13, below. The City may extend the term for two (2) additional two- year periods for a stun not to exceed $140,000.00 for each of said periods upon the exercise of an option 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 not shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Is, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. 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, and $2,000,000 in the aggregate. 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 (3 0) days prior written notice to the City. I. I£ Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability 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 negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY P£ Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information. of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: Public Works — Water Quality Coordinator City of Santa Ana 220 S. Daisy Avenue (M -85) Santa Ana, California 92703 facsimile (714) 647 -3345 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: Clinical Laboratory of San Bemadino 21881 Barton Road Grand Terrace, California 92313 Facsimile (909) 825 -7693 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. • 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. hi 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 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 Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of 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. Asa 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 cas e such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City`s use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opporhmity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and. delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties farther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 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. It. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA R. HUIZAR Cleric of the Council APPROVED AS TO FORM: Sonia Carvalho City AAorney City Attorney 9'f =Ta A CITY OF SANTA ANA DAVID CAVAZOS City Manager CLINICAL LABORATORY OF SAN BERNADINO BOB GLAUBIG Laboratory Director Tax ID# 95, 2504498' Agreement Exhibit A REQUEST FOR PROPOSALS (RFP) M WATER QUALITY SAMPLING & TESTING SERVICES RFP # 14.017 CITY OF SANTA ANA Santa Ana Public Works Department 20 Civic Center Plaza Santa Ana, CA 92701 Thomas Dix Water Quality Coordinator (714) 647.3316 Office (714) 647 -3345 Fax tdix Santa- ana.ora KEY RFP DATES: Issue Date: March 13 2014 Proposal Due Date: April 10, 2014 by 4:00 pm Projected Award Date: May 20, 2014 RFP #14 -017 — Water Quality Sampling & Testing Services 20 11 Agreement Exhibit A� NOTICE INVITING PROPOSALS NOTICES HEREBY GIVEN that proposals will be received from qualified firms to provide Water Quality Sampling & Testing Services. Responses to the Request for Proposals (RFP) will be accepted until Thursday April 10, 2014 by 4:00 p.m. If further information is required, contact Tom Dix at (714)647 -3316 or Idix0santa- ana.org All notifications, updates and addenda will be posted on the City's current bid management and publication system page atwww,planetbids.com/portal/portal.cfm?CompanvlD=20137, Proposers shall be responsible for monitoring the site to obtain information regarding this solicitatlon. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California Department of Health Services approval in accordance with Section 4025 of the Health and Safety Code to operate as an Approved Water Laboratory prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Tom Dix Public Works Agency 4thFloor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Tom Dix at tdixPsanta-ana.org. The receiving time In the Public Works Agency, 20 Civic Center Plaza, Santa Ana, CA 92701 Fourth Floor, Ross Annex, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. RFP #14.017 —Water Quality Sampling & Testing Services Page 2 4.y Agreement Exhibit A 1 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR WATER SAMPLING & TESTING SERVICES (RFP14.017) TABLE OF CONTENTS PAGE I. INTRODUCTION 4 IL PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. SCOPE OF SERVICES 4 VI. GENERAL INFORMATION 5 VII. PROPOSER RESPONSIBILITIES 5 VIII. LICENSE REQUIREMENTS 5 IX. INITIATION /KICK OFF MEETING 5 X. CITY BUSINESS LICENSE 6 XL ADDENDA 6 XII. RULES FOR PROPOSALS 6 XIII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 6 XIV. SUBMITTAL INFORMATION AND DEADLINE 6 XV. SUBMITTAL REQUIREMENTS 6 XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 8 XVIL PUBLIC RECORDS 8 XVIII. PROTESTS 8 XIX. INSURANCE REQUIREMENTS 9 EXHIBIT A —SCOPE OF SERVICES 10 EXHIBIT B— SAMPLE AGREEMENT 14 EXHIBIT C — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 21 EXHIBIT D — OFFERERS REFERENCES 23 EXHIBIT E— PROPOSERS STATEMENT 24 EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 25 EXHIBIT G— NONCOLLUSION AFFIDAVIT 27 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 28 EXHIBIT I — CITY'S EMERGENCY NOTIFICAITON PLAN 29 EXHIBIT J — SAMPLE SITE TAP LOCATION INFORMATION 32 RFP #14 -017 —Water Quality Sampling & Testing Services Page 3 230ji 3 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR WATER SAMPLING & TESTING SERVICES (RFP14 -017) INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) for Water Sampling & Testing Services.The City operates a grade D5 domestic water distribution system with over 45,000 services, 450 miles of water main and a population of nearly 330,000 residents. The City of Santa Ana requests the services of an analytical laboratory to provide timely, high - quality analytical analysis of the City's domestic water system. Analysis shall be in accordance with "Standard Methods ", Title 22 of the California Code of Regulations entitled "California Domestic Water Quality and Monitoring Regulations ", and Code of Federal Regulations, and shall consist of bacteriological quality, general physical quality, general mineral, lead & copper, nitrate /nitrite, inorganics, fluoride, haloacetic acids and total trihalomethanes. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of two years. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required insurance documents. The projectedcontraot award date is May 20, 2014 and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreementmay include provision for renewals as set forth in the Scope of Services, attached as Exhibit A. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Water Quality Sampling & Testing Servicesas set forth inEXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractorshall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. RFP #14 -017 — Water Quality Sampling & Testing Services Page 4 2 "PIT4 Agreement ExhibitA The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, Including but not limited to Title 22 of the California Code of Regulations entitled "California Domestic Water Quality and Monitoring Regulations ". VI. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds (when required as specified in Exhibit A). When determined appropriate, the City will provide information In Its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specificallyreferred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at a preproposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act, F. The City reserves the right to reject, replace and approve any and all subcontractors.All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VII, PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the requiredservice operations and contractual matters, including payment of any and all charges resulting from the Agreement. VIII. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. IX. INITIATIONXICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. RFP #14 -017 — Water Quality Sampling & Testing Services Page 5 A5�1 5 Agreement Exhlblt A I X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office, Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XII. RULES FOR PROPOSALS The signer of the RFP must declare In writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibits D - G). XIII, E -MAIL COMMUNICATIONSANDINTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's bid management and publication system page at www.iplanetbids.com /portal /portal.cfm ?ComnanylD =20137. No oral Interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e -mail to the projects managerno fewer than five (5)business daysprior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XIV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, atthe date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XV. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) cop of the submittal on a compact disc, USB flash drive or equivalent. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. RFP #14 -017 —Water Quality Sampling & Testing Services Page 6 2SETITud Agreement Exhibit A Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualificationsmust be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and Exhibits E through G). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: 1. Cover Letter— A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and subconsultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project. 4. Laboratory Approval: Current approval from the California Department of Health Services in accordance with Section 4025 of the Health and Safety Code to operate as an "Approved Water Laboratory" must be submitted with the proposal. Copies of ELAP certification for all proposed tests shall be provided. B. EXHIBIT C -- PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING A separate sealedfee envelope including proposer's cost proposal shall be submitted concurrently but under separate cover with the technical proposal. Costs shall be shown as listed under Exhibit C. No fee envelopes shall be opened by City until the final ranking of proposals has been completed. C. EXHIBIT D — REFERENCES —The Proposer shall submit a list of agencies, past and present, for whom you have provided work similar to that identified in this RFP (Exhibit A) for the last 5 years. D. EXHIBIT E - PROPOSERS STATEMENT EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR EXHIBIT G — NONCOLLUSION AFFIDAVIT G. EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIALGENERAL LIABILITY POLICY H. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be Included as a separate element of the proposal entitled "Exceptions and Deviations." The Eexecutive Director, in his sole and absolute discretion, may authorize or deny any exceptions. RFP #f14.017 — Water Quality Sampling & Testing Services Page 7 71 Agreement Exhibi# A The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: 1. Firm Experience (35 %) 2. Personnel Experience (35 %) 3. Implementation Plan (30 %) The proposals will be reviewed by a committee of City staff members. The committee will evaluate proposers based on the response to the RFPand the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee mayinterview the top tier of proposers and recommend award of the contract to the proposer who will providethe best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The committee will rank the proposers and select the top three (or top tier based on the natural score break). The committee will open the fee envelopes after selection of top tier. The Council recommendation will be based on the evaluation score and proposed fees of the top tier. XVIL PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. XVIII, PROTESTS Any protest must be submitted in writing to Executive Director of Public Works, City of Santa Ana, 20 Civic Center Plaza M -21, Santa Ana, CA 92701. Protests must be received by the City by 5:00 p.m, of the 5th business day following posting of the Request for Proposal or the results or Notice of Intent to Award Contract, on the City's website. Hand delivered protests must be provided to the receptionist in the City Hall Annex /Public Works Counter on the first floor of the City Hall Annex. a. The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the RFP or winning proposal, which forms the basis for the protest. c. The protest shall include the name, address and telephone number of the person representing the protesting party. d. The party filing the protest shall concurrently transmit a copy of the Initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. RFP #14.017 -- Water Quality Sampling & Testing Services Pa{ge�8 299— g ITO Agreement Exhibit A Should a written protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee within 10 business days following the City's receipt of protest, or as soon thereafter as may be scheduled. All interested parties may appear and offer testimony at this protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staff's determination of the best value proposal is arbitrary and capricious, or unsupported by substantial evidence in the record. All proposer are advised that if you challenge the City's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at, or prior to, the public hearing. The Executive Director of Public Works or designee will Issue a written decision. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. The procedure and time limits set forth In this paragraph are mandatory and are the proposer's sole and exclusive remedy in the event of protest and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. XIX. INSURANCE REQUIREMENTS As a condition of, and throughout the term of the contract, the vendor shall have and maintain the insurance described below. A certificate of insurance, naming the City of Santa Ana as an additional insured, shall be provided to the Buyer before award: Certificate of Insurance (Acord's 25 -S form no.) to include: • General Liability -- $1,000,000 each occurrence • Worker's Compensation — Within the limits required by the State of California • Automotive Insurance -- $1,000,000 combined single limit A notation in the Cancellation clause (in the bottom right hand corner) of the Certificate must be made that the City will be mailed 30 days written notice of .policy cancellation and the references removed or X'd through. If the vendor allows their coverage to expire or their insurance is canceled at any time during the contract, the vendor shall provide the Buyer with an updated, valid insurance certification. No additional work shall be performed and no payments will be made until adequate proof of insurance is provided. RFP #1A -017 — Water Quallty Sampling & Testing Services Page 9 2005—M-19 Agreement Exhibit A EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER QUALITY SAMPLING & TESTING SERVICES SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Water Quality Sampling & Testing Services.The City of Santa Ana requests the services of an analytical laboratory to provide timely, high - quality analytical analysis of the City's domestic water system. Analysis shall be in accordance with "Standard Methods ", Title 22 of the California Code of Regulations entitled "California Domestic Water Quality and Monitoring Regulations ", and Code of Federal Regulations, and shall consist of bacteriological quality, general physical quality, general mineral, lead & copper, nitrate /nitrite, inorganics, fluoride, haloacetic acids and total trihalomethanes. The City has 50 designated sample sites. All routine water samples will be drawn from these sites. In addition the City has 10 designated sample sites for Fluoride analysis. Non - routine water samples will be collected by the City in specially prepared bottles provided by the consultant to be collected and tested by the consultant. A. IMPLEMENTATION City staff shall have the right to modify, reduce, or delete the services as needed by City. 2. BACTERIOLOGICAL QUALITY (1) Routine: Samples shall be collected by the Consultant, in appropriate sterilized bottles to which a chlorine reducing agent has been properly added, on a weekly basis at 50 designated sample points. Total coliform analyses are to be conducted using either the multiple tube fermentation method analyzing a minimum of 100 -m1 of water either with using 5- tube 20 -m1 portions or 10 -tube 10 -ml portions, the membrane filter technique, the presence /absence (P -A) coliform test, or the minimal medium (Coliform) test. Reporting of positive samples shall be based on the presence or absence of coliforms in each sample rather than an estimation of coliform density. Upon detecting that either a routine or repeat sample is either total coliform or fecal coliform positive, or a sample is invalidated due to interference problems, the Consultant shall notify the City within twenty-four hours. To complete the notification, consultant must contact a live individual. Voice mail and faxed notifications will only be a secondary means of notification. The appropriate contact person for the City Is the Water Services Quality Inspector at (714) 647- 3341 or the Water Services Quality Coordinator at (714) 647 -3316. When voice mail is used to leave a message, the Consultant shall contact the City's Dispatch Office at (714) 647 -3380 between the hours of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend or holiday, the Water Services Quality Inspector should be contacted at (714) 371 -6779. In addition, a copy of the City's Emergency Notification Plan (Exhibit 1) is attached. RFP #14 -017 —Water Quality Sampling & Testing Services �lPaagee 10 29E-16 Agreement Exhibitt A� In the event that the Consultant is unable to contact the City within 24 hours, the Consultant shall notify the Department of Public Health, Drinking Water Field Operations Branch, Santa Ana District, at (714) 558 -4410. Upon detecting that a routine or repeat sample is total coliform positive, the Consultant shall perform a fecal coliform test. The Consultant shall, within twenty -four hours after notifying the City that a single routine sample Is total coliform positive, collect three repeat samples. One shall be from the same total coliform positive sample point. The other two locations shall be determined by the City, one to be located within five service connections upstream and the other within five service connections downstream of the total coliform positive sample point. If total coliforms are detected in any repeat sample, the Consultant must within twenty -four hours, after notifying the City that a repeat sample is total coliform positive sample, collect another set of repeal samples from the same locations. (ii) Water Mains or System Repairs:Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent had been properly added, Sampling may consist of two samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. The Consultant shall notify the City of the results by fax within four hours of the completion of the test. (iii) Weils;Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent has been properly added. Sampling shall consist of twenty samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. (iv) Customer Complaint Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent has been properly added. Sampling may consist of four samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 3. HETEROTROPHIC PLATE COUNT Routine samples shall be collected by the Consultant in appropriate sterilized bottles to which a chlorine reducing agent has been added on a weekly basis at the same time and at the same 50 designated sample points. Consultant shall use the necessary dilutions to report the results at concentrations up to 500 colony forming units per milliliter. 4. TOTAL CHLORINE RESIDUAL Routinesamples shall be field analyzed by the Consultant on a weekly basis at the same time and at the same 50 designated sample points. DPD me #hod of analysis and the reading shall be made by the means of a colorimeter. Color disc is not acceptable. Results must be reported to 0.1mg /l. Colorimeter must be calibrated per the manufacturer's requirements. Documents showing the calibration shall be provided upon request. RFP #14 -017 —Water Quality Sampling & Testing Services Page 11 "Olm-US2 1 Agreement Exhibit A GENERAL PHYSICAL QUALITY (1) Routine: the Consultant shall collect Samples in appropriate sample bottles on a monthly basis at the 50 designated sample points. The analysis shall consist of turbidity, odor, color, field pH, and temperature. (ii) Customer Complaint, samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of four samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. The analysis shall consist of turbidity, odor, and color. 6. GENERAL MINERAL Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of twenty samples on a yearly basis (as needed) and shall be picked up the Consultant at the City Corporate Yard Meter Shop within twenty - four hours of notification. 7. INORGANICS Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of twenty samples on a yearly basis (as needed) and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twenty -four hours of notification. 8. TRIHALOMETHANES The City shall collect samples in specially designed sample vials containing a chlorine reducing agent and sealed with TFE -faced septa and screw caps. It shall consist of twelve samples on aguarterly basis beginning in February and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 9. HALOACETIC ACIDS The City shall collect samples in specially designed sample vials containing crystalline Ni which converts free chlorine to a combined chlorine residual and sealed with TFE -Faced septa and screw caps. It shall consist of twelve samples on a quarterly basis beginning in February and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 10. NITRATE /NITRITE Samples shall be collected by the City in specially prepared sample bottles and shall consist of six nitrate samples on a monthly basis and an additional six samples on a quarterly basis. Nitrite samples shall consist of nine samples on a semi- annual basis, The Consultant shall pick up samples at the City Corporate Yard Meter Shop within twelve hours of notification. Upon detecting nitrate level above the MCL of 45 mg /I as NCs is exceeded, the Consultant shall notify the City within twenty -four hours. To complete the notification consultant must contact a live individual. Voice mall and faxed notifications will only be a secondary means of notification. The appropriate contact person for the City is the RFP #14017 —Water Quality Sampling & Testing Services Page 12 Agreement Exhibit A Water Services Quality Inspector at (714) 647 -3341 or the Water Services Quality Coordinator at (714) 647 -3316. When voice mail is used to leave a message, the Consultant shall contact the City's Dispatch Office at (714) 647 -3380 between the hours of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend of holiday, the Water Services Quality Inspector may be contacted at (714) 371 -6779. In addition, a copy of the City's Emergency Notification Plan (Attachment A) is attached. In the event that the Consultant is unable to contact the City within 24 hours, the Consultant shall notify the Department of Public Health, Drinking Water Field Operations Branch, Santa Ana District, at (714) 558 -4410. 11. FLUORIDE Samples shall be collected by the Consultant, in appropriate sterilized bottles on a monthly basis at 10 designated sample points. B. REPORTS (1) Name of the laboratory and either the person responsible for performing the analysis or the laboratory director. (ii) Date of report. (iii) The analytical method used. (iv) The name, date, and time of sampling and identification of the person who collected the sample. (v) Identification of the sample as a routino, repeat, replacement, or "other" sample when appropriate Chain of Custody: The Consultant shall provide to the City chain of custody forms for each sample collected by the City when the Consultant provides the necessary sample container. RFP #14 -017 —Water Quality Sampling & Testing Services Page 13 25E923 Agreement Exhibit B �Ctlinical Laboratoly ofm ernardinop Inc City of Santa Ana 220 S Daisy Ave, Building A Santa Ana, CA 92703 Mt. Thomas Dix, For additional related services not listed in the fee schedWe, Exhibit C, those services will be Performed and compensated at an hourly rate of $50.00. Thank you, Robin Glenney Project Manager /Bid Manager Clinical Laboratory of Sari Bernardino, Inc, Post Office Box 329 San Bernardino, Ot 92402 f909)82.%h93 Fnx (909)825.7696 BL,,tP NtanGer IO88 Agreement Exhibit B EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER QUALITY SAMPLING & TESTING SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand andagree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may Impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price • Pricing shall be basedon a(hourly cost, time and materials basis - see narrative) for services described In Exhibit A. f=ee must be Inclusive of all costs, Including but not limited to, direct and Indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing, Proposer shall attach a separate hourly rate schedule with hourly rates for staff time per lob ,plassffjaatfon. if the City requires additional related services not listed in the fee schedule below, those services will be performed and compensated at time and materials costs as shown on the proposer's hourly rate schedule submitted. Quantities listed below are annual estimates, the City reserves the right to increase or decrease quantities as necessary, LINE'' DESCRIP f10N QUANTITY UNIT UNIT PRICE EXTENDED TOTi {�h PRICE Routine Weekly Samples collected and 1 tested by Consultant for Bacteriological 2,600 Each $12.50 $32,500.00 Quality, Heterotrophic Plate Count and Chlorine Residuale Routine Monthly Samples collected and 2 tested by consultant for General 600 Each $6,00 $3,600.00 Ph sisal Quality 3 Routine Monthly Samples collected and 1 ?0 Each $8.00 $960.00 tested by consultant for Fluoride Routine Quarterly Samples collected by 4 City and tested by Consultant for 48 Each $6 oo $2,880.00 Haloacetic Acids Routine Quarterly Samples collected by 5 City and tested by Consultant for 48 Each $30.00 $1,440.00 Trihalomethanes Routine Monthly & Quarterly Samples 6 collected by City and tested by Consultant 96 Each $16.00 $2,496.00 for Nitrates/Nitrftes Non - Routine samples collected by City and tested by Consultant for 7 Bacteriological Quality, Heterotrophic 100 Each $9.00 $900.00 Plate Count and Chlorine Residuals As- Needed Non- Routine samples collected by City 8 and tested by Consultant for General t 00 Each $4.00 $400.00 Physical Quality As- Needed RFP #14 -01 % — Water COuality Sampling & Testing Services Page 21 2391-'25 Agreement Exhibit B Clinical Laboratory of San Bernardino, Inc. Phone (909) 825.7693 Fax (909) 625 -7696 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 21881 Barton Road, Grand Terrace, CA 92313 BUSINESS ADDRESS Melinda Furnas Owner PRINTED NAME OF AUTHORIZED AGENT a TITLE 8th, 2014 fur a8@Clinloal- lab.com zo 95- 2504488 1088 FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDA "PION PROGRAM CERTIFICATE NUMBER (FLAP #) THIS FORM MUST BE COMPI.ETt D ANb INCLUDEb WITH THE PROPOSAL. C� PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL SE CONSIDERED NONRESPONSIVE.� RFP #14.017 —Water Quality Sampling & Testing Services Page 22 L 1226 Non - Routine samples collected by City 9 and tested by Consultant for General 60 Each $75.00 $3,750.00 Minerals As -Needed Non- Routine samples collected by City 10 and tested by Consultant for Inorganics 100 Each $100.00 $10,000.00 As- Needed Total $58,926.00 Clinical Laboratory of San Bernardino, Inc. Phone (909) 825.7693 Fax (909) 625 -7696 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 21881 Barton Road, Grand Terrace, CA 92313 BUSINESS ADDRESS Melinda Furnas Owner PRINTED NAME OF AUTHORIZED AGENT a TITLE 8th, 2014 fur a8@Clinloal- lab.com zo 95- 2504488 1088 FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDA "PION PROGRAM CERTIFICATE NUMBER (FLAP #) THIS FORM MUST BE COMPI.ETt D ANb INCLUDEb WITH THE PROPOSAL. C� PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL SE CONSIDERED NONRESPONSIVE.� RFP #14.017 —Water Quality Sampling & Testing Services Page 22 L 1226 ACC>R'R"r CERTIFICATE OF DATE(MMIOOIYVYY) LIABILITY INSURANCE 01/31/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE OCES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pohcy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requlre an endorsement. A statement on this cerilHpals does not confer rights to the certificate holder In Ilau of sueh endorsement(s). PRODUCER 1.909- 243 -8200 CO NAME: Nays of California Ii1KUrantle services - pntaric P�pH�OyE §M) „909243 -8200 INC.N.1 908.24,3 8201 Empire ra IV 3800 E.MbfLn ..3091!ESa —_. '— -” pane nooU Curd, Suite 3400 Ontario, CA 91764 Pri0E1pGER GU6T4MLR 12N :- _....._._ .................... ........... ... ... _... _.__. Kelly Petersen - _ _ _ INSURER L6I APFOROING OOVERAGE, MAICB INSURED INSURERA: IRANSPORTATZON INS CO 20944 Clinical Laboratories OE San Bernardino, Inc. INSURERA: HARTFORD GTR& IN CO '19682 P.O. Box 329 _ INSURERC CONTXNENTAL CAS CO _ .20441 San Bernardino, CA 92402 INS"Reer- ?L.... -" x ,I I' HIREDAU Q$ �..��� INSURER E1.: y �ry NONANINEO ADTOe INSURER K THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY RERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS 9UBJEC'r TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN9Rr _..._ .... SUek ... ... ... .. ...�..__� ......,. L TYPI OP INSURANCE POLICY S%'F ' POLICYNI ER _.- ..,._., ... -P 41OY A %P " "' "......... " "' nM LIMITS A OF,NERAL LIABILITY IC 4034939429 !i 02/01/1 _ -.._. 02 /DS /l8I EALH dI CIIRRENGG '41,000,000 I X COMMERCIAL GENERAL LIABILITY "OAMaoETORENTeb •.._.. .... .'.....'. .pgrhll$.GA lEg "Renu,J'GV $ 104 00p _EJ CLAJM6 MADE X!bCCUR MED EXP IAT, One perepn) 610, 0D0 — _— PERapNAL a NOY INJURY -5 I. D00,000 _ IGENERAL AGGIaEOFlTE g2 000,000 ...... _.. _ GThN'L At"iGRHGATE LIMIT AP .. - PLIES PER: I ' PPOQUOT @•CQNIPlOP AOG I 000 ` PaLICY PRO. TOT LOC - -x000 ...... .. B A AUTOMOBILE LIABILITY 'C 40349393 02 0 A 41 i5; CQMHINEO BINDLE LIMITS 1r O0tl, pOq i. (Ea SupMNn1). ?�... ANY AUTO • ["a !I SWAY INJURY R'iV ALL OWNED AUTOS I : IPar parson) b - — - - BODILY SCHILOLLEDAUTO5 INJURY IFler aor tlent) & x ,I I' HIREDAU Q$ �..��� (PRgPCRTY pAMAOC S , PtlY wU9un0 y �ry NONANINEO ADTOe IE A 'X - UMBflELLAL1Aa OCCUR :CUP4034939 02/01/14 02/01/15 EACH OCCURRENCE $ 5,000,000 •.... .. ". EXCESS LIAR CLAIhtA•MACEI ��....____. ...... ... ._.� -. GGREGAD 55 000,000 _. A .,....... ._.... .... . .. "_I OEtlUCTIULk .. '; X I RETENTROB 0 5 H a OONIPEI A 41 02 /Og�yq WEC BR0213 _ � f,brATU" OTi AND EMPLOYERS'LI ABILIT V —f11, TORY.4IMB'.9.1 ER ... ANY PROPEMBE Ir4•. I G,L EACH ACCIDENT $1.,000,000 SNOLUDED[cuTlVe OFFnO@PoMEM5ER F_NOLUOEC? iNIAI (MandalarY In Nhq - -.__- - 1 .. 6 1,000,000 yy ' IpESCRIPPION OF OPERATIONS below BL, O SEASE. POLICY LIMITED' $ 1, 000, 000 C Bro ads ono y -' IEEH27 61790 laimp iqa a 02 15 3, , Be 1 , DESCRIPTION OF OPSATIONal LDOATIDN9I VEHICLEA AIInaN ADDRD IUl, A0.tliliannt Ramarke Schbdu ,I mare epeae lx rngldrl ('� ' Certificate Nolder is named as additional insured an respects General Liability gar form Q -17957 -099 ati:ached. 10 day Danoellation for non payment of premium. City of Santa A.G. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept e£ Pub11e works THE WITH THE POLICY PROVINiONS, 220 S, Betsey Avenue AUTHORIZED REPRE"N'I'ATIVB Santa Ana, CA 92703 USA ACampos d 1988.2009 ACORD CORPORATION. All rights roaerved, ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Clinical Laboratories of San Bernardino, Inc. Policy #04034939429 G- 17957 -099 (Ed. 10/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH CA, OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY " OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS- COMPLETED OPERATIONS HAZARD. " SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This ondomement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Q0`r Name of Person or Crganfzationr City of Sane Ana M, (Coverage under Phis endorsement is not affected by an entry or lank of entry In the Sohodule above,) A. WHO IS AN INSURED (Section III is amended to Include ss an insured any person or organization, including an parson or organization shown In the sohadule above, (called additional Insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be; 1, Currently in affect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "properly damago," or "personal and advertising Injury." B. The Insurance provided to the additional insured is _ limited as follows: Z=4 1. That person or organization is an additional MISS Insured solely for liability duo to your negligence and specifically resulting from "your work" for the additional Insured which Is the subject of the m written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional Insured are those specified In the written contract or written agreement or In the 0.17957 -G99 (Ed. 10 /01) l e� Declarations of this policy, whichever is less. These Limits of insurance are Inclusive of, and not In addition to, the Limns of Insurance shown In the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f, of the definillon of "Insured contract" under DEFINITIONS (Section V) do not apply to "bodily Injury" or "property damage" arising out of the "produots- comploted operations hazard" unless rsqulred by the written contract or written agreement. When coverage does apply to "bodily Injury" or "property damage" arising out of the "products - completed operations hazard" such coverage will not apply beyond: a. The period of time required by the written contract or written agreement; or b. 5 years from the completion of "your walk" on the project which is the subject of the written contractor written agreement, whichever is less, 4, The Insurance provided to the additional Insured does not apply to "bodily Injury," "property Page 1 of 2 G- 17967 -G99 (Ed, 10101) damage," or "personal and advertising injury" 4. Other Insurance arising out of an archltsoi's, anglneer's, or b„ Excess Insurance surveyor's rendering of or failure to render any professional services Including: This Insurance Is excess over any other a. The preparing, approving, or telling to prepare Insurance naming the additional Insured or approve maps, shop drawings, opinions, as or Insured whether primary, excess, reports, surveys, field orders, change orders contingent or on any other basis unless a or drawings and specifications; and written contract or written agreement specifically requires that this Insurance be b. Supervisory, or Inspection activities performed either primary or primary and to the insured's as part of any related architectural or noncontributing additional engineering activities, own coverage. This Insurance is excess C. As respects the coverage provided under this ever any other Insurance to which the 'additional Insured has been added as an endorsement, SECTION IV — COMMERCIAL additional Insured by endorsement. GENERAL LIABILITY CONDITIONS are amended as follows: When this Insurance Is excess, we will 1. The fallowing Is added to the Duties In The Event have no duty under Coverages A or B to defend the additional Insured against any of Occurrence, Offense, Claim or Suit Condition: "suit' If any other Insurer has a duty to 9. An additional Insured under this endorsement defend the additional Insured against that will as soon as practicable: "suit." if no other Insurer defends, we will undertake to do so, but we will be onithed (!) Give written notice of an occurrence or an the additional d's fights against Offense to us which may result in a claim Y al otheIn urers. all those ether insurers. or "auit" under this insurance; (2) Tender the defense and Indemnity of any Insurancie, Insurance will Is excess over other pay only our share of claim or "suit" to us for a lose we cover the amount of the Toss, if any, that under this Coverage Part; exceeds the sum of: (d) Tender the defense and indemnity of any (1) The total amount that all such other claim or "suit" to any other Insurer which insurance would pay for the loss in also has insurance for a loss we cover the absence of this insurance; and under this Coverage Part; and (2) dUnder iall (4) Agree to make available any other insured amounts that other Insurance which the additional Insured Insurance, has for a lass we cover under this Coverage Part. We will share the remaining loss, it any, f. We have no duty to defend or Indemnify an with any other Insurance that Is not described in this Excess Insurance additional insured under this endorsement provision and was not bought specifically until we receive written noftoe of a claim or to apply In excess of the Limits of °suit"" from the additional insured. Insurance shown In the Declarations of 2. Paragraph 4.b. of the Other Insurance Condition is this Coverage Part, deleted and replaced with the following: G- 17967 -G99 Pago 2 of 2 (Ed, 10/01) 1 w 9 1'D Ac R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDMYW) 3/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pohcy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Cryystal & Company #OKI9767 CI BC Insurance Services LLC CANT." Pabla_Barros PHONE 310 -981 -0920 Fnx '- Ewu -_-°— 601 S. Figueroa Street, Suite 4460 E-MAIL pabla barros c stalco.com ADOSesa.___.._:_..__ ry -- - - -- INSURERMI AFFORDING COVERAGE NAI'C p LOs Angeles CA 90017 INSURER ATTrans ortation Insurance Come.,., ...... 20494 ....... EgCH OCCURRENCE INSURED CLINLA INSURER a:Hartford Underwriters Insurance Com 30144 - INSURER C:Continental Casualty Company 20443 Clinical Laboratory of San Bernardino, Inc- INSURER 0: P.0 BOX 329 San Bernardino CA 92402 PREMISE E =Lrne.ral $100,000 INSURER E $10,000 INSURER P V0:011,11E�RCIIALIIENERAL COVERAGES CERTIFICATE N' MBER' 1561096687 REVISION N BER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM. OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, - �...- �.._.,......_.._ -.__. �.._... INSR LTR _�._,�...__�— ____._.. TYPE OF INSURANCE A4S INSD WVD —_` —_ POLICY NVMaER POLICY EFF mmfoo /YY POLICY EXP M11M10D LIMITS A LIABILITY 50882081$8 2/'11201$ 2!7/20'17 EgCH OCCURRENCE $1CL IM OCCUR PREMISE E =Lrne.ral $100,000 MELD EXP(Any one person) $10,000 V0:011,11E�RCIIALIIENERAL PERSONAL &AOV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $2,000,000 PRODUCTS - COMPIOP AGE $2,000,000 X POLICY PRO D LOC $ OTHER: A AUTOMOBILE LIABILITY 508$208224 21112016 211/2017 COMBINED 6 LIMIT $1,000,000 BODILY INIU Par person) $ X ANYAUTO BODILY INdl1RV (Per acddenl} 3 X ALL OWNED SCLIEOULED AUTOS AUTOS A N-OWNED X HIREDAUTDS AUTOS PROPERTY -DA�I WGEv- - - - Per accident)__ „ - „_ _ -_^ $ $ -- A X UMBRELLA LIAR X OCCUR 5088208269 2)112016 2/112017 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAR CLAIMS-MADE DED I 'X I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETONPARTNEWEXECUTIVE YYtN IOVOEOAN1623 21112016 214/2017 X I PER OTH STATUT_ ” ""' ' E.L EACH ACCIDENT $1,000,000 E.L, DISEASE- EA EMPLOYE- $1,000,000 OFFICENMEMBER EXCLUDED? (Mandatary N NHI E.L DISEASE - POLICY LIMIT 1 $1,000,000 IF yes, despdbe under DESCRIPUONOF OPERATIONSbelaw 0 Environmental Professional Uab EEF1276170923 2/1/2016 21#2017 $3,000,000 Per Claim $3,000,000 Agg Claims Made Coverage Deductible; $100,000 DESCRIPnON OF OPERATIONS I,LOCATIONS I VEHICLES (ACORD 101, Addltlanal Ramarks Schedule, may be anachad ri maro space Is regolretl) City of Santa Ana, it's officers, employees, agents and representative are included as additional insured as respects to General Liability per attached form #G17957H & G1 34802C. City of Santa Ana 220 S. Daisy Avenue Santa Ana, CA 92703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (.I9...Fai'rRN Y GA`I)!Pr'�'M.M' <) -. M/ M.{Mraau.[J. r.^” "•�•+°J•^"A.t.yr'' All rights reserved. ACORD 25 (2014)01) The ACORD name and logo are registered marks of ACORD 2SE930 l7 A - aratk.f I"S 1 G- 17957 -H (Ed. 01113) BLANKET ADDITIONAL INSURED - OWNER'S, LESSEES OR CONTRACTORS - WITH PRODUCTS- COMPLETED OPERATIONS COVERAGE — LIMITED LIABILITY It is understood and agreed that this endorsement arnends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows; SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Pan.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2, The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising Injury" and only to the extent caused by: a. Your negligent acts or omissions, or the negligent acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract'; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products completed operations hazard," and only If: (1) The "written contract" requires you to provide the additional insured such coverage„ and s (2) This Coverage Part provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a, The maximum permitted by law; b. Required by the "written contract "; c. Described in B.1. above; or d. Afforded to you under this policy, whichever is less. 3. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional Insured whether on a primary, excess, contingent or any other basis. ®_ But if required by the "written contract" to be primary and non - contributory, this insurance will be primary and non- contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal o and advertising injury" arising out of: G- 17957 -H (01/13) Page 1 of 2 Copyrighl, CNA All Rights Reserved. 2�5� - l� r'4..�c �- wk A- -01-f . (''r f G- 17957 -H (Ed. 01113) a. Acts or omissions of the additional insured, or of anyone, other than you, acting on the additional insured's behalf. b. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (11) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications„ and (2) Supervisory, Inspection, architectural or engineering activities; or c. Any premises orwcrk for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part, C. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit "; and (4) Tender the defense and Indemnity of any ceirn or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But If the "written contract" requires this insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit" D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage "; or b. The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Page 2 of 2 Copyright, CNA All Rights Reserved. ,r✓ CNA G-1 Ed. 112-0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCONTRACTOR'S ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to b. Controlling Interest include as an insured any person or organization (called additional insured) described in paragraphs Any persons or organizations with a 2.a.through 2.g, below whom you are required to add controlling interest in you but only with respect as an additional insured on this policy under a written to their liability arising out of: contract or agreement but the written contract or (1) Their financial control of you; or agreement must be: (2) Premises they own, maintain or control 1. Currently in effect or becoming effective during the while you lease or occupy these term of this policy; or premises, 2. Executed prior to the "bodily injury,' "property This insurance does not apply to structural damage" or "personal injury and advertising injury," but alterations, new construction and demolition Only the following persons or organizations are operations performed by or for such additional additional insureds under this endorsement and insured, coverage provided to such additional Insureds is c. Managers or Lessors of Promises limited as provided herein: A manager or lessor of premises but only with a. State or Political Subdivisions respect to liability arising out of the ownership, A state or political subdivision subject to the maintenance or use of that specific part of the following provisions: premises leased to you and subject to the following additional exclusions: g (1) This Insurance applies only with respect S to the following hazards for which the This insurance does not apply to: state or political subdivision has issued a (1) Any "occurrence" which taxes place permit in connection with premises you after you cease to be a tenant in that own, rent, or control and to which this premises; or insurance applies: � (2) Structural alterations, new construction (a) The existence, maintenance, repair, or demolition operations performed by or construction, erection, or removal of on behalf of such additional insured. advertising signs, awnings, canopies,. cellar entrances, coal hoias, d. Mortgagee, Assignee or Receiver driveways, manholes, marquees, A mortgagee, assignee or receiver but only hoistaway openings, sidewalk vaults, with respect to their liability as mortgagee, R street banners„ or decorations and assignee, or receiver and arising out of the similar exposures; or ownership, maintenance, or use of a premises e (b) The construction, erection, or by you, o removal of elevators; or This insurance does not apply to structural (c) The ownership, maintenance, or use aiterations, now construction or demolition of any elevators covered by this operations performed by or for such additional insurance. insured. = (2) This insurance applies only with respect e. Owners /Other Interests — Land is Leased to operations performed by you or on your An owner or other interest from whom land behalf for which the state or political has been leased by you but only with respect — subdivision has issued a permit. to liability arising out of the ownership. "= This insurance does not apply to "bodily maintenance or use of that specific pan of the injury," "property damage" or "personal land leased to you and subject to the following — and advertising injury" arising out of additional exclusions: operations performed for the state or This insurance does not apply to: municipality. G-1 34802-C Pago 1 of 2 (Ed. 11104) Jqjkk�,— M05—M-38 (1) Any "occurrence" which takes peace after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations porformod by or on behalf of such additional insured. f. Co-owner of Insured Promises A co -owner of a premises co -owned by you and covered under this insurance but only B with respect to the co- owners liability as co- owner ol such premises. g. Lessor of Equipment G- 184802 -C (Ed. 11/04) Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability for "bodily injury," "property damage;' w "personal and advertising Injury" caused, in whole or in part by your maintenance, operation or use of equipment leased to you by such person or organization. A persons or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires;, or Cry .f G-134 602-C (Ed. 11/04) (2) To "bodily injury" or "property damage" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs a. through g. above does not apply to "bodily injury" or "property damage" included within the "products- complotod operations hazard." As respects the coverage provided under this endorsement, Paragraph 4.16. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over: Any other insurance naming the additional insured as and insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by written contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsamont to be excess and noncontributing with this insurance. Page 2 of 2 a I a 4 .. C/ INRURANU N01 ON FILE MAYOR WORK MAY Miguel A. P CLERK MAYOR C MAYOR PRO TC'M Vincent F, `karmlent DATE: COUNCIt.MEMBERS Angelica Amoxoua P. DIvirJ $91loyldos Michele Mani noz Roman Reps Sal Tinijaro CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Clvla Center Ptaxa M36 % P.O. Box is88 M•36 Santa Ana, California 92702 w .sants- ana.orn May 16, 2016 Clinical Laboratory of San Bernardino 21 881 Barton Road Grant Terrace, CA 92313 tae: Agreement for Provision of Water Quality Testing Services t °Consultant Agreement's F,xtension. Lear Mr, Glaubig, CITY MANAGER David Cavazos C TY ATTORNEY Soine R. Corvalho CLERK OF THE COUNCIL Maria D. Flulzar Pursuant to Agreement A- 2014 -131, entered by Clinical Laboratory of San Bernardino and the City of Santa Ana, dated June 3, 2014, Section 4 "Turin," the time period o'k' said Agreement is hereby extended firr an additional two (2) year period, through June 2, 2018, Addidortalty, consistent with Section 4 of said Agreement, compcnsatiori for the new two (2) year period shall not exceed $140,000. The insurance certi0oates are required to be extended and /or renewed to cover this extension. All other terms and conditions of said Agreement remain unchanged and in Cull force and effect, {Sinto y, t'fie 4rSElVr 79UT Executive Director Publie Works Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney e ioSandoa'jf Assistant City Attorney C Clerk Of the COURCIl CITY OF SANTA ANA David. Cavazos tiger I- - Z' A'TT'EST: wane a AL-5J Matta mmh, kluizar Cleric of the Council W!Y'l 4 25E -36 Clinical Laboratory ator°y q f `hSan Bernardino, Inc -- - January 23, 2017 Public Water System Client Re: Lead Sampling in School Drinking Water Program The recent announcement from the State Water Resources Control Board (SWRCB) ties outlined the mandate for public water systems (PWS) to sample and analyze lead samples from K -12 schools within their service area. This program is effective now through November 1, 2019. Below is a brief summary of the major requirements of each PWS. • Each PWS must submit to the SWRCB a list of all school names and addresses that are served through a utility meter within their service area by .duly 1, 2017. This list shall be posted, by the PWS, on the SWRCB school lead sampling site; littp: / /drine.ca.gov/lsics/ • The sampling requirement becomes effective once a written request is received by the PWS from a K -12 school within their service area. Response to this written request must occur within 60 days of request receipt, A finalized sampling plan and sampling must occur within 90 days of request receipt. • The PWS will sample 5 sites at each school requesting testing. Sampling will occur an Tuesday through Friday, during a day school is in session and has been In session at least one day before the sampling date, • Samples will be collected as the first draw, after at least 6 hours of non use. Samples will be collected into un- preserved, I liter, wide mouth, plastic, containers filled completely hill. Possible sample sites can be faucets, fountains, coolers, bubblers, bottle filling stations, and filtered water sources. The school staff should evaluate all possible sample sites and choose the busiest locations. Only cold water sources should be sampled, and treated sampling sites (filtered, softened) should not be omitted from evaluation. • Samples should be submitted to a laboratory, and preserved, within 14 days of sampling, • Analytical results must be passed to the school within 2 days of receipt from the laboratory. • Perform additional lead sampling, within 10 days, if any sample site exceeds the action level of 15 ppb. • The PWS annual CCR should include the number of schools sainpled for lead within their service area. Please visit the SWRCB Lead Sampling in Drinking Witter of California Schools site for detailed explanation of the above topics, littp: / /driiic.ca.gov/lsics. Clinical Laboratory will be offering the drinking water analysis of lead in schools for S 17.50 per sample. All analyses will include the required containers, detailed analytical report, and electronic data transfer to the State database. Please contact your laboratory Project Manager for additional Information or to request containers. Sincerely, Bob Glaubig Laboratory Director Clinical Laboratory of San Bernardino, Inc. (909) 525 -7693 le aubi a clinical- lnb.com Past Office Box 329 Son Bernardino, CA 92402{9 t l31"ar (909)825 -7696 E'LAP R`uutber 1088 25E -38 FIRST AMENDMENT TO AGREEMENT FOR PROVISION OF WATER QUALITY TESTING SERVICES THIS FIRST AMENDMENT to the above - referenced agreement is entered into on May 2, 2017, . by and between Clinical Laboratory of San Bernardino, Inc., a California corporation ( "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 parties entered into Agreement #A- 2014 -131, dated June 3, 2014 ( "Agreement"), by which Consultant agreed to provide domestic water quality testing services. B. The original term of the Agreement was from June 3, 2014 through June 2, 201, G, and was extended for an additional two -year period through June 2, 2018 by letter extension #A- 2014 - 131 -01. The Agreement provides for one final two -year extension by a writing executed by the City Manager and the City Attorney. C, The parties wish to amend the Agreement to include additional funds for new state - mandated lead - testing services to be provided by Consultant during the current extension period and the final extension period if the final extension period is exercised by the City. The Parties therefore agree: 1. Section 3, Compensation, is amended to include an additional $10,000 for services to be performed by the Consultant during the current extension period of the Agreement and an additional $10,000 for services to be performed during the filial extension period if the final extension period is exercised by the City, so that the total sure to be expended in each extension period under the Agreement shall not exceed $150,000. 2. Except as modified by this First Amendment, all terns and conditions of the Agreement shall remain in Rill force and effect. IN WITNESS WHEREOF, the ,parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HUIZAR GERARDO MOUET Cleric of the Council Acting City Manager -- Signatures continue on next page -- Page, t oft M •'�r� APPROVED AS TO FORM CONSULTANT SONIA R, CARVALHO City Attorney By: j- - J M, FUNI{ Name Assistant City Attorney Title: RECOMMENDED FOR APPROVAL FRET) MOUSIVAPOUR Executive Director, Public Works Agency Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: AGREEMENT WITH TASER, INC. FOR BODY -WORN CAMERA EQUIPMENT, SUPPORT SERVICES, AND THE PURCHASE OF TASER WEAPONS FOR THE POLICE DEPARTMENT {STRATEGIC PLAN NO. 1, 3A} ►_177CZ•MANk ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY-MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute a five -year agreement, for the period of May 2, 2017 through May 1, 2022 with Taser, Inc., to provide body -worn camera equipment and services for the Police Department, in the amount of $1,488,424.26 (including a $50,000 contingency), subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Department of Justice (DOJ) recognizes body -worn cameras as a law enforcement strategy aimed at improving public safety, reducing crime, and improving public trust between police and the citizens they serve. Law enforcement agencies across the country and worldwide are using body -worn cameras (BWC) as a promising tool to improve law enforcement interactions with the public. BWCs provide a visual and audio record of interactions with the community. Preliminary evidence indicates that the presence of body -worn cameras helps strengthen accountability and transparency, and can assist in de- escalating conflicts, resulting in more constructive encounters between the police and members of the community. On October 15, 2015 the City Council approved $350,000 to fund a BWC program for the Police Department. The Police Department established an exploratory BWC committee to research policy issues and provide input to the Department's BWC program and program policy. The goal of the exploratory committee was to incorporate a comprehensive study of both the potential benefits of a body worn program as well as the full impact that such a program would have, specifically related to issues and concerns about the implementation of a program from both a community perspective as well as that of the officer wearing the camera. The committee included a wide variety of officers and civilian employees from the Police Department with consideration given to length of tenure and job assignment, and included board members and officer representatives from the Santa Ana Police Officer Association. In an effort to gain a better understanding of the impact of policy and 25F -1 Agreement with Taser, Inc. for Body -worn Cameras May 2, 2017 Page 2 procedural guidelines pertaining to the program, the exploratory committee met on a monthly basis, reviewing existing BWC policies of other organizations, professional publication articles, and researching documentation of lessons learned by other agencies, In addition, the committee reviewed case law and pending legislation with the goal of providing a recommendation of BWC policy that is up to date and in line with industry best practices. Committee members also attended state and regional conferences, which included input from a variety of expert panels on the subject including the American Civil Liberties Union and California Police Chief's Association, and utilized resources including best practice recommendation provided by the International Association of Chiefs of Police. The exploratory committee also solicited input from the Orange County District Attorney's Office, with recognition of the importance of the collaboration needed for evidence review, redaction, and introduction in court proceedings. As part of the exploratory process, community meetings were held to give community members an opportunity to express concerns, and provide information and education about the program within a public forum. Throughout the summer of 2015, stakeholders in the local community were provided multiple opportunities and venues to voice opinion and provide input for consideration, including at least one community forum in each of the four policing districts in the City. In September 2015, a large forum specifically planned to include all members of the Department was hosted to provide officers and civilian staff an opportunity to ask questions and express concerns regarding the implementation of a BWC program. On March 29, 2016, the Police Department issued a Request for Proposals (RFP), and on April 26, 2016, the Department received proposals from six BWC vendors, including Discover It Solutions, Taser, Utility Associates, Watch Guard, Vion and Unicorn Gov., Inc. An evaluation committee consisting of representatives from the Police Department and City IT conducted an initial evaluation of the proposals based on Responsiveness to RFP (10 %), System Hardware, Software, Storage, and Warranty (60 %), Experience of Firm and Personnel (10 %), and Cost of Proposal (20 %). The results of the initial evaluation were as follows: Vendor Score TASER Option 1 422 TASER Option 2 412 DiscoverlT Solutions 373 Utility Associates, Inc. 337 UNICOM Gov., Inc. 271 Watch Guard Video 264 ViON 264 500 points max 25F -2 Agreement with Taser, Inc. for Body -worn Cameras May 2, 2017 Page 3 Based on the results of the initial evaluation, the Police Department short- listed two vendors with the highest scores (Discover IT Solutions and Taser) and invited them to participate in additional field testing. Products and services provided by Discover IT Solutions and Taser were field tested by Police Department Field Operations and Investigations personnel, and, in addition, Police Department and City IT staff evaluated technical aspects of both systems. Both systems were evaluated based on criteria including, but not limited to, image quality, video tagging, data transfer, durability, camera activation, and support services. The results of the field testing were as follows: Taser proved to be the most responsive, experienced and cost effective respondent. Under the five -year Officer Safety Program agreement, Taser will provide 200 cameras, docking stations, unlimited storage and all required licensing. The unlimited storage offered as part of the Officer Safety Program is a significant benefit. All of the camera video data will be stored on Taser's system, eliminating the need for an in -house storage system and maintenance. The Police Department estimates storing 30 -40 TB of data per year. In addition, as part of the Officer Safety Program agreement, Taser will provide 200 new Tasers during Year 1 and Year 5 of the agreement, a total value of $691,400 for 400 tasers. The Taser weapon is standard issued equipment that the Department purchases on a regular basis for new officers and as units become irreparable /obsolete. The Police Department is scheduled to purchase between 500- 600 tasers over the next five years, as we hire new officers and the taser weapons reach the end of their five -year service life. The Police Department proposes to enter into a five -year agreement with Taser, Inc. beginning May 2, 2017 and ending May 1, 2022. The agreement includes a base amount of $1,438,424.26, plus a $50,000 contingency, for a total five -year agreement amount of $1,488,424.26. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #2 (Broaden communications, information sharing and community awareness of public safety activities.) FISCAL IMPACT Funds for this agreement are available in AMES contract services account (no. 050014018 62300), and the Equitable Sharing — DOJ contract services account (no. (16614450 62300) for the following fiscal years: 25F -3 Taser Discover IT Solutions Total Points 89.51 63.49 Taser proved to be the most responsive, experienced and cost effective respondent. Under the five -year Officer Safety Program agreement, Taser will provide 200 cameras, docking stations, unlimited storage and all required licensing. The unlimited storage offered as part of the Officer Safety Program is a significant benefit. All of the camera video data will be stored on Taser's system, eliminating the need for an in -house storage system and maintenance. The Police Department estimates storing 30 -40 TB of data per year. In addition, as part of the Officer Safety Program agreement, Taser will provide 200 new Tasers during Year 1 and Year 5 of the agreement, a total value of $691,400 for 400 tasers. The Taser weapon is standard issued equipment that the Department purchases on a regular basis for new officers and as units become irreparable /obsolete. The Police Department is scheduled to purchase between 500- 600 tasers over the next five years, as we hire new officers and the taser weapons reach the end of their five -year service life. The Police Department proposes to enter into a five -year agreement with Taser, Inc. beginning May 2, 2017 and ending May 1, 2022. The agreement includes a base amount of $1,438,424.26, plus a $50,000 contingency, for a total five -year agreement amount of $1,488,424.26. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #2 (Broaden communications, information sharing and community awareness of public safety activities.) FISCAL IMPACT Funds for this agreement are available in AMES contract services account (no. 050014018 62300), and the Equitable Sharing — DOJ contract services account (no. (16614450 62300) for the following fiscal years: 25F -3 Agreement with Taser, Inc. for Body -Worn Cameras April 18, 2017 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #2 (Broaden communications, information sharing and community awareness of public safety activities.) FISCAL IMPACT Funds for this agreement are available in AMES contract services account (no. 050014018 62300), and the Equitable Sharing — DOJ contract services account (no. (16614450 62300) for the following fiscal years: Carlos Rojas Chief of Police Santa Ana Police Department Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNT: AL�Z!d � ) Francisco Gutierrez, 0-p- Executive Director Finance and Management Services Agency 25F -4 AMES Fund 166 Subtotal FY 2016 -17 67,288.20 0.00 67,228.20 FY 2017 -18 282,711.80 64,428.26 347,140.06 FY 2018 -19 0.00 256,014.00 256,014.00 FY 2019 -20 0.00 256,014.00 256,014.00 FY 2020 -21 0.00 256,014.00 256,014.00 FY 2021 -22 0.00 306,014.00 306,014.00 350, 000.00 1,;38,484.26 1, 488, 424.2 6 Carlos Rojas Chief of Police Santa Ana Police Department Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNT: AL�Z!d � ) Francisco Gutierrez, 0-p- Executive Director Finance and Management Services Agency 25F -4 TASER MASTER SERVICES AND PURCHASING AGREEMENT between TASER INTERNATIONAL, INC. and CITY Agreement Number: Exhibit 1 Title; Evidence.rom Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 25F -5 Page L of 27 1.11111 I'll MASTER SERVICES AND PURCHASING AGREEMENT FOR BODY WORN CAMERA PROGRAM Taser Officer Safety Plan This Master Agreement (the Agreement) by and between TASER International, Inc., (TASER or Party) a Delaware corporation having its principal place of business at 17800 N 85th Street, Scottsdale, Arizona, 85255, and CITY OF THE CITY OF SANTA ANA POLICE DEPARTMENT, (Agency, Party or collectively Parties) having Its principal place of business at 60 Civic Center Plaza, Santa Ana, CA, 92703, is entered into as of May 2, 2017, (the Effective Date). RECITALS A. On March 29, 2016, the City Issued a Request for Proposal for a Body Worn Camera System ( "RFP 16 -053 including Addendums 1 & 2 "). Taser was one of eight vendors that submitted proposals for RFP 16 -053 and was awarded the Agreement because after evaluation of all proposals, Taser was the graded the highest on the evaluation. Taser's response to RFP 16 -053 is incorporated by reference herein as Exhibit "B ". B. Taser represents that Taser is licensed by the State of California to provide Body Worn Cameras and Services associated therewith and it willing to provide such services and devices as outlined in its proposal in response to RFP 16 -051 This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of TASER products and services as detailed in the Scope of Products and Services (as outlined in Paragraph 1) attached hereto as Exhibits "A" and "Al" incorporated by reference (also referred to as Quote Number Q- 31974 -4 `Officer Safety Plan "). it is the intent of the Parties that this Agreement shall act as a master agreement governing all subsequent purchases by Agency of TASER Products and all subsequent products accepted by Agency shall be also incorporated by reference in the Scope of Products and Services attached as Exhibits "A" (Scope of Products and Services) and 'Al" ( "Quote ") attached and incorporated herein. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth in this Agreement, the Parties agree as follows: Scope of Products and Services, Taser shall provide those products and perform those services as set forth in Exhibits "A" and "Al", the Evidence.com Appendix, the Professional Services Appendix, the Taser Assurance Plan Appendix, and the Axon Integration Services Appendix attached hereto and incorporated herein by reference. Compensation. Agency agrees to pay, and TASER agrees to accept as total payment for its products and services offered as part of the Taser Officer Safety Plan five -year agreement the base amount of $1,488,424.26 as set forth below and as set forth in the Scope of Products and Services as identified in Exhibits "A" and "Al" which includes a $50,000 contingency to be used as the Agency's sole discretion. Title: Evidence.com Master Service Agreement with Exhibits Page 2 of 27 Department: Legal Version: 11,0 Release Date: 7(31/2015 25F -6 Year1 413,050.06 Year 2 _., _ Year 3 256 014.00 Year 3 Year 4 $ 256,014.00 Year $ 256,014.00 in Year 3 1 437 106.06 Includes Taxes S H� 1,318.20 _ Shi in & Handling__��_y 11,438,424.26 $1,438,424,26 Total Cost Before Contingency Contin enc 50,000.00 TOTAL _ ._,A1,4$8,424 26 .Total Five-Year Agreement Cost TASER agrees to accept payment as follows; Year 1 50% of equipment or $65,910.00 upon delivery of equipment, plus $1,318.20 for shipping /handling; remainder of charges for _ Year 1 0L347,140y06 due on Final, Acceptance Year,2.v,. _,. 2_56 014.00,to Ile made on_,,,__, e,,, ear from Final Acce�,tance date1 Year 3 $256,014.00 to be made one year from date of payment made In Year 2 —_ -- Year 4 __ __ _ ______ $256,014.00 to be made one year from date of payment made in Year 3 Year 5 $256,014.00 to be made one year from date of payment made - — in Year 4 TO TAL 11,438,424.26 Term. The initial term of this Agreement shall commence on May 2, 2017 and terminate on May 1, 2022, unless terminated earlier by either Party in accordance with Section 17, below. TASER services will not be authorized until a signed Quote or Purchase Order is received, whichever is first. 3.1 Evidence,com Subscription Term: The Initial Term of the Subscription services will begin after shipment of the Product. If shipped in 1st half of the month, the start date is on the 1st of the following month. If shipped in the last half of the month, the start date is on the 15th of the following month. Subscription Services will automatically renew for additional successive Terms of one (1) year after completion of the initial Term at the list price then in effect, unless the Agency gives TASER written notice of termination within sixty (60) days prior to the end of a one (1) year period. 3.2 Professional Services Term: Amounts pre -paid for professional services as outlined in Exhibits "A" and "Al" and the Professional Service Appendix must be used within 6 months of the Effective Date. Title: Evidence.com Master Service Agreement with Exhibits Page. 3 of 27 Department: Legal Version: 1110 Release Date: 7/31/2015 25F -7 4 Definitions. "Agency" means the Santa Aria Police Department. "Agency Content" means software, data, text, audio, video, images or other Agency content or any of the Agency's end users (a) run on the Evidence,com Services, (b) cause to Interface with the Evidence,com Services, or (c) upload to the Evidence.com Services under the Agency account or otherwise transfer, process, use or store in connection with the Agency account, "Business Day" means Monday through Friday, excluding holidays. "Confidential Information" means all nonpublic information disclosed by TASER, TASER affiliates, business partners of TASER or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the Information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. "Documentation" means the (i) specifications, explanatory or Informational materials, whether In paper or electronic form, that relate to the Services provided under this Agreement, or (il) user manuals, technical manuals, training manuals, warnings, specification or other explanatory or informational materials, whether in paper or electronic form, that relate to the Products provided under this Agreement. "End User " means any of the Agency's employees who have access to Evidence.com via the Evidence.com licenses issued by TASER. "Evidence.com Service" means TASER web services for Evldence.com, the Evidence.com site, EVIDENCE Sync software, EVIDENCE Mobile App, Axon(R) Mobile App, other software, maintenance, storage, and product or service provided by us under this Agreement for use with Evidence.com. This does not include any Third Party Applications, hardware warranties, or the my.evidence.com services. "Extended Warranty" means a warranty that may be purchased by the Agency that runs from the date of the purchase of the extended warranty through the balance of the 1 -year limited warranty term plus the term of the extended warranty measured after the expiration of the 1 -year limited warranty. "Final Acceptance" means 30 days after the Agency's approval of the Professional Services following the Post go live review session. "Installation Site" means the location(s) where the Products are to be Installed. "License" means any and all credentials and authorizations provided by TASER to Agency personnel to access and use Evidence.com. Licenses are transferable within the Agency. Standard licenses can be provided to authorized personnel of the District Attorney's Office within the County where Agency is located. "Limited Warranty" means a 1 -year term on all TASER products and 90 -days on accessories that runs from the date of acceptance by the Agency. "Policies" means the Trademark Use Guidelines, all restrictions described on the TASER website, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials. l'Itle: Evidence. corn Master Service Agreement with Exhibits Page 4 or 27 Department: Legal Version: 1110 Release Date: 7/31/201.5 25F -8 "On -Site Training" means staff from TASER vising the Santa Ana Police Department for in- person training. "Products" means all TASER equipment, software, cloud based services, Documentation and software maintenance releases and updates provided by TASER under this Agreement, "Product User Documentation" means the documentation TASER's Professional Services Team will provide to Agency prior to commencement of the Services. "Replacement Product" means a new, like new, or repaired product as set forth in Exhibit A and Al. "Resolution Time" means the elapsed time between TASER's acknowledgment of an issue until the problem in the Services has been resolved, which does not include time delays caused by the Agency or by third parties outside of TASER's reasonable control. "Scope of Services" means the products and services purchased by Agency from TASER and all products and services TASER agrees to provide to Agency as outlined in Exhibit "A" attached hereto and incorporated by reference herein. "Spare Products" means those extra products specifically set forth in the Scope of Products and Services attached hereto as Exhibits "A" and "Al ". "Subscription Term" shall mean the five (5) years that the Agency shall have access to Evidence.com Services for the storage and management of Agency Content. "Taser Assurance Plan" ( "TAP ") means the plan that includes the extended warranty coverage as well as the spare products and upgraded models at the end of the TAP term. The TAP is bundled Into the purchase price of the Ultimate and Unlimited Plan Evidence.com licenses. The TAP includes Axon camera upgrades every 2.5 years, TASER's extended warranty and spare cameras. The TAP includes the extended warranty coverage described In the current hardware warranty, as well as spare products and upgraded models at the end of the TAP term. TAP does not apply to software services offered for, by, on, or through the Taser.com or Evidence.com websites. "Training" means those training sessions as set forth and described in the Professional Services Appendix attached hereto. "Upgraded Models" means those products that TASER has upgraded, revised, and or modified. 5 Payment Terms. Invoices are due to be paid within 45 days of the date of invoice. All orders are subject to prior credit approval, Payment obligations are non - cancelable and fees paid are non - refundable and all amounts payable will be made without setoff, deduction, or withholding. If a delinquent account Is sent to collections, the Agency is responsible for all collection and attorneys' fees. 6 Taxes, Unless TASER is provided with a valid and correct tax exemption certificate applicable to the purchase and ship -to location, the Agency is responsible for sales and other taxes associated with the order. Title! Evidenee.com Master Service Agreement with Exhibits Page 5 of 27 Department: Legal Version; U.0 Release Date.: 7131/2015 25F -9 7 Shipning; Title; Risk of Loss; Reiection. TASER reserves the right to make partial shipments and products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by TASER. The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agency's responsibility, Shipping dates are estimates only. The Agency may reject nonconforming Product by providing TASER written notice of rejection within 10 days of shipment. Failure to notify TASER within the 10 day rejection period will be deemed as acceptance of Product. 8 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. tMMT 9.1 Hardware Limited Warranty. TASER warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of Final Acceptance. Extended warranties run from the date of receipt of the extended warranty through the balance of the 1 -year limited warranty term plus the term of the extended warranty measured after the expiration of the 1- year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly, TASER - Manufactured Accessories are covered under a limited 90 -DAY warranty from the date of receipt. Non -TASER manufactured accessories are covered under the manufacturer's warranty. If TASER determines that a valid warranty claim is received within the warranty period, TASER agrees to repair or replace the Product. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER's option. 9.2 Warranty Limitations. 9.2.1 The warranties do not apply and TASER will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non -TASER products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by TASER; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than TASER authorized personnel or without the written permission of TASER; or (e) If any TASER serial number has been removed or defaced. 9.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and TASER disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. 9.2.3 TASER's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any TASER product will not exceed the purchase price paid to TASER for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for Title: EvIdenco.com Master Service Agreement with Exhibits Page G of 27 Department: Legal Version: 11.0 Release rate: 7/311201.5 25F -10 breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 9.3 Warranty Returns. If a valid warranty claim is received by TASER within the warranty period, TASER agrees to repair or replace the Product which TASER determines in its reasonable discretion to be defective under normal use, as defined in the Product instructions. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER's option. 9,3.1 For warranty return and repair procedures, including troubleshooting guides, please go to TASER's websites www.taser.co_.m /support or www,evidence.com, as indicated in the appropriate product user manual or quick start guide. 9.3.2 Before delivering product for warranty service, it is the Agency's responsibility to upload the data contained in the product to the EVIDENCE.com services or download the product data and keep a separate backup copy of the contents. TASER is not responsible for any loss of software programs, data, or other Information contained on the storage media or any other part of the product services. 9.3.3 A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period Is longer. When a product or part is exchanged, any replacement Item becomes Purchaser's property and the replaced item becomes TASER's property. 10 Product Warnings. See our website at www.TASER.com for the most current product warnings. 11 Gesign Chanties. TASER reserves the right to make changes in the design of any of TASER's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. 12 Insurance. TASER will maintain at TASER's own expense and in effect during the Term, Commercial General Liability Insurance, Workers' Compensation Insurance and Commercial Automobile Insurance and will furnish certificates of insurance or self - insurance upon request as follows: A. Commercial General Liability Insurance. TASER 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 there from 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 One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the Agency, its officers, employees, agents, volunteers, and representatives as additional insured(s) in a form approved by the City Attorney's Office; (b) be primary and not contributory with respect to insurance or self- Insurance programs maintained by the Agency; and (c) contain standard separation of insureds provisions. Title: Evidence.com Master Service Agreement with Exhibits Page 7 of 27 Department: Legal Version: 11.0 Release Date: 7/3112015 25F -11 B. Business Automobile Liability Insurance. TASER shall maintain business automobile liability insurance or a similar form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such Insurance shall include coverage for owned, hired and non -awned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, TASER is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, TASER agrees to obtain and maintain any employer's liability Insurance with limits not less than One Million Dollars ($1,000,000) per accident, D. The following requirements apply to the insurance to be provided by TASER pursuant to this section: 1. TASER shall maintain all Insurance required above in full force and effect for the entire period covered by this agreement. Z. Certificates of insurance shall be furnished to the Agency upon execution of this contract and shall be approved in form by the Agency's Attorney. 3. 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. 4, If TASER falls or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the Agency with required proof that insurance has been procured and is in force and paid for, the Agency shall have the right, at the Agency's election, to forthwith terminate this contract. 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 Agency for any work performed prior to approval of insurance by the Agency. 13 Indemnification. TASER will Indemnify and defend the Agency Indemnitees (the Agency's officers, directors, and employees) from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct of TASER under or related to this Agreement, except in the case of negligent acts, omissions or willful misconduct of the Agency or claims that fall under Workers Compensation coverage. 14 IP gsahts. TASER owns and reserves all right, title, and interest in the TASER Products and related software, as well as any suggestions made to TASER, 1s IP jUdgmnification. TASER will defend, indemnify, and hold the Agency Indemnitees harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third -party claim alleging that use of TASER Products or Services as permitted under this Agreement Infringes or misappropriates the Intellectual property rights of a third party. The Agency must provide TASER with reasonable written notice of such a claim, tender to us the defense or settlement of such a claim at our expense, and cooperate fully with us in the defense or settlement of such a claim. TASER has no liability to the Agency or any third party If any alleged infringement or claim of Infringement is to any extent based upon: (a) any modification of the Evidence.com Services by the Agency or any third party not approved by TASER; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved --------- .— .. —_ -- — ._—...._._.—..— Title: Evidence.com Master Service Agreement with Exhibits Page 8 of 27 Department: Legal Version: 11.0 Release Date: 7/31/2015 25F -12 or recommended by TASER; (c) the use of Evidence.com Services other than as permitted under this Agreement or In a manner for which it was not intended; or (d) the use of other than the most current release or version of any software provided by TASER as part of or in connection with the Evidence.com Services. Nothing in this Section will affect any warranties in favor of the Agency that are otherwise provided in or arise out of this Agreement. 16 Agency Responsibilities. The Agency is responsible for (i) use of TASER Products (including any activities under the Agency Evidence.com account and use by Agency employees and agents), (ii) breach of this Agreement or violation of applicable law by the Agency or any of the Agency's end users, (iii) Agency Content or the combination of Agency Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third party rights by Agency Content or by the use of Agency Content, (Iv) a dispute between the Agency and any third party over Agency use of TASER products or the collection or use of Agency Content, (v) any hardware or networks that the Agency connects to the Evidence.com Services, and (vl) any security settings the Agency establishes to interact with or on the Evidence.com Services. 17 Termination. 17.1 By Either Party. Either Party may terminate for cause upon 30 days advance written notice to the other Party If there is any material default or breach of this Agreement by the other Party, unless the defaulting Party has cured the material default or breach within the 30 -day notice period. In the event that the Agency terminates this Agreement under this Section and TASER falls to cure the material breach or default, TASER will issue a refund of any prepaid amounts on a prorated basis. 17.2 By Agency. The Agency is obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the then current fiscal year. In the event that sufficient Hands will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement, this Agreement may be terminated by the Agency. The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the end of the then current fiscal year. 17.3 Effect of Termination. Upon any termination of this Agreement: (a) all Agency rights under this Agreement immediately terminate; (b) the Agency remains responsible for all fees and charges incurred through the date of termination; and (c) Payment Terms, Warranty, Product Warnings, Indemnification, and Agency Responsibilities Sections, as well as the Evidence.com Terms of Use Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and Payment, Software Services Warranty, IP Rights and License Restrictions will continue to apply in accordance with their terms, 17.4 After Termination. TASER will not delete any Agency Content as a result of a termination during a period of 90 days following termination. During this 90 -day period the Agency may retrieve Agency Content only If all amounts due have been paid (there will be no application functionality of the Evidence.com Services during this 90 -day period other than the ability to retrieve Agency Content). The Agency will not incur any additional fees If Agency Content is downloaded from Evidence.com during this 90 -day period. TASER has no obligation to maintain or provide any Agency Content after this 90 -day period and will thereafter, unless legally prohibited, delete all of Agency Content stored in the Evidence.com Services. Upon request, TASER will provide -Title: Evidence..com master Service Agreement with E.xhlbits Page 9 of 27 Department: I..egai Version; 11.0 Release Date: 7/3112015 25F -13 written proof that all Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 17.5 Post - Termination Assistance. TASER will provide Agency with the same post - termination data retrieval assistance that TASER generally makes available to all customers. Requests for TASER to provide additional assistance in downloading or transferring Agency Content will result in additional fees and TASER will not warrant or guarantee data integrity or readability in the external system. 18.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of either Party's Confidential Information. Except as required by applicable law, neither Party will disclose either Party's Confidential Information during the Term or at any time during the 5 -year period following the end of the Term. All TASER Pricing is considered confidential and competition sensitive. 18.2 Excusable delays. TASER will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond TASER's reasonable control TASER has the right to delay or terminate the delivery with reasonable notice. 18,3 Force Majeure, Neither Party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Parties' reasonable control, including acts of God, labor disputes or other Industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. 18,4 Proprietary Information. The Agency agrees that TASER has and claims various proprietary rights in the hardware, firmware, software, and the Integration of ancillary materials, knowledge, and designs that constitute TASER products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 18.5 Independent Contractors. The Parties are independent contractors. Neither Party, nor any of their respective affiliates, has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 18.8 No Third Party Beneficiaries, This Agreement does not create any third party beneficiary rights In any individual or entity that is not a party to this Agreement. 18.7 Non - discrimination and Equal opportunity. During the performance of this Agreement, neither the Parties nor the Party's employees will discriminate against any person, whether employed by a Party or otherwise, on the basis of basis of race, color, creed, religion, gender, sexual orientation, age, national origin, ancestry, disability, marital status, or political affiliation or belief, as defined and prohibited by applicable law, In recruitment, selection, training, utilization, promotion, termination or other employment related activities. TASER affirms that it is an equal opportunity employer and shall comply with all applicable federal, state, and local laws and regulations. Title: Evidence.com Master Service Agreement with Exhibits Page 10 of 27 Department: Legal Version: 1110 Release Date: 7 /31/2015 25F -14 18.8 U.S. Government Rights, Any Evidence.com Services provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" will have the same rights and restrictions generally applicable to the Evidence.com Services. If the Agency is using the Evidence.com Services on behalf of the U,S, Government and these terms fall to meet the U.S. Government's needs or are inconsistent in any respect with federal law, the Agency will Immediately discontinue use of the Evidence.com Services, The terms "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 18.9 Import and Export Compliance. In connection with this Agreement, each Party will comply with all applicable import, re- import, export, and re- export control laws and regulations. 18.104 Assignment, Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. TASER may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without consent (a) for financing purposes, (b) In connection with a merger, acquisition or sale of all or substantially all of our assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation, Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 1&II No Waivers, The failure by either Party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the Party's right to enforce the provision at a later time. 18.12 Severabiiity, This Agreement is contractual and not a mere recital, If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 18.13 Governing Lave; Venue. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California, This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 18.14 Notices. 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. All communications and notices to be made or given pursuant to this Agreement must be in the English language. 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. Notices provided by posting on the Agency's Evidence.com site will be effective upon posting and notices provided by email will be effective when the email was sent. Notices provided by personal delivery will be Title: Evidence.com Master Service Agreement with Exhibits Page 11 of 27 Department: Legal Version; 'lid) Release Date: 7/31/2015 25F -15 effective immediately. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Contact information for notices: To Agency: Clerk of 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 With courtesy copies to: and To Taser: City of Santa Ana Police Department Attention: Chief of Police 60 Civic Center plaza (M -97) P.O. Box 1981 Santa Ana, CA 92702 Fax (714) 245 -8090 City Attorney City of Santa Ana 20 Civic Center Place (M -29) P.O. Box 1988 Santa Ana, CA 92702 Fax (714) 647 -6515 TASER International, Inc. ATTN: Contracts 17800 N. 85th Street Scottsdale, Arizona 85255 co ntra cts(t)tase r.com Fax (480) 991 -0791 18.15 Entire Agreement. This Agreement, including the EXHIBITS, APPENDICES and Policies provided by TASER attached hereto in the following order of precedence: 1. This Agreement; 2. Exhibits and Appendices; 3. TASER policies; and 4. TASER's Response to the RFP TASER and Agency represent that this is the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. If TASER provides a translation of the English Tltle: Evidence.com Master Service Agreement with Exhibits Page 12 of 27 Department: Legal Version: 1.1.0 Release Date: 7/31/2015 25F -16 language version of this Agreement, the English language version of the Agreement will control if there is any conflict. 18.16 Counterparts. If this Agreement form requires the signatures of the Parties, then this Agreement may be executed by electronic signature in multiple counterparts, each of which is considered an original. 18.17 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 and Appendices 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 caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. ATTEST: MARIA D. IIUICAR Clerk of the Council APPROVED AS TO FORM: SOMA R. CARV. City ^Mey Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police CITY OF SANTA ANA GERAR1:aO MOt1ET Acting City Manager CONSULTANT Taser International, Incorporated Title: Evidence.com Master Service Agreement with Exhibits Departrnent: Legal Version: 11.0 Release bate: %/3112015 25F -17 Page 13 of 27 EX141BIT A Scope of Products and Services The Officer Safety Plan ( "OSP ") provides a bundling of two technologies: TASER Smart Weapons and Axon body -worn cameras. The OSP includes the benefits of the Evidence.com Unlimited License (which includes unlimited data storage for Axon camera and Axon Capture generated data in the Evidence.corn Services and TAP for the Axon Camera), TAP for Evidence.com Dock, one TASER brand CEW with a 4 -year Warranty, one CEW battery, and one CEW holster, per OSP user. This five (5) year plan also includes unlimited digital storage for Axon video and Axon and Evidence mobile uploads using Evidence.com. It also provides full hardware warranty, and built -in upgrades. Products a. TASER Smart Weapons. TASER will provide the CI'T'Y two hundred (200) Class III, X2 TASER weapons (Yellow) b. :r&gER Supt Woapog Battery P.gck, TASER will provide the CITY with two hundred (200) PPM standard battery packs for the X2/X26 'laser weapons. c. TASER Sinart WeaRoiY Ik?lsier_ TASER will provide the CITY one hundred seventy (170) Blackha.wk holsters (right) for the X2'Taser weapons. TASER will provide the City thirty (30) Blackhawk holsters (left) for the X2 'laser weapons. d. AXON Dock. TASER will provide the CITY with thirty -four (34) Axon Docks that contain 6 Bays _i. Core for the Axon Body 2 e. Axon Bodv_Worn Cameras (Axon Body 2). TASER will provide the CITY two hundred (200) Axon Camera Assembly (Axon Body 2- black) E Axon Camera Assembly. TASER will provide CITY six (6) Axon Camera Assembly (Black) for the Axon Body 2 Cameras. g. Wall Mount Brackets. "TASER will provide the CI'TY thirty -four (34) Wall Mount Bracket Assembly (Evidence.Corn Dock) Title, Evidence.com Master Service Agreement with Exhibits Page 14 of 27 Department: Legal Version: 11.0 Release Date: 7/31/2015 25F -18 EXHIBIT A Scope of Products and Services Services a. Evidence.Com. TASER will provide the City thirty (30) professional Evidence.Com licenses. TASER will provide the City two hundred (200) Evidence.Com integration licenses. b. Premium Plus Service, TASER will provide the City with professional services related to the configuration and training of the Axon body worn cameras, as further described in the Professional Services Appendix. c. Warrantv_TASER will provide the City a four (4) year extended warranty on 200 TASER X -2 Weapons. d. TASER Assurance.plan ( "TAP "). TASER will provide the City with a four (4) year extended warranty on the Axon body worn cameras as well as the Axon Docks. TAP also includes hardware replacements at years 2.5 and 5, as further described in the TASER Assurance Plan Appendix. Department: Legal Version: 1.1.0 Release Date: 7/31/201.5 Master Service Agreement with Exhibits 25F -19 Page 15 of 27 EXHIBIT Al Quote Q- 31974 -4 Title; Evidence.com Master Servlce Agreement with Exhibits Page 16 of 27 Department: Legal Version: 11.0 Release Date: 7/31/2015 25F -20 EXHIBIT B Tmser's Response to RFP Title: Evidencexom Master service Agreement with Exhibits Page 17 of 27 Department: legal Version: '11.0 Release Dater 7191/2015 25F -21 Evidence.com Terms of Use Appendix ACggg Rights. Upon the purchase or granting of a subscription from TASER and the opening of an Evidence.com account the Agency will have access and use of the Evidence.com Services for the storage and management of Agency Content during the subscription term (Term). The Evidence.com Service may not be accessed by more than the number of end users specified in the Scope of Products and Services (Exhibits "A" and "Al "). If Agency becomes aware of any violation of this Agreement by an end user, the Agency will immediately terminate that end user's access to Agency Content and the Evidence.com Services. Arc ency Owns Aencv Corotent„ The Agency controls and owns all right, title, and interest in and to Agency Content and TASER obtains no rights to the Agency Content and the Agency Content are not business records of TASER. The Agency is solely responsible for the Uploading, sharing, withdrawal, management and deletion of Agency Content. TASER will have limited access to Agency Content solely for the purpose of providing and supporting the Evidence.com Services to the Agency and Agency end users. The Agency represents that the Agency owns Agency Content; and that none of Agency Content or Agency end users' use of Agency Content or the Evldence.com Services will violate this Agreement. Evidence,com rAata Security. 3.1. Generally, TASER will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disclosure. TASER agrees to promptly notify Agency in the event of an accidental or unlawful loss, unauthorized access or disclosure and any privacy breach. TASER will maintain a comprehensive Information Security Program (IS@) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education, risk management, and data protection. The Agency is responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content. Log -in credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. The Agency agrees to be responsible for all activities undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end users which result in unauthorized access to the Agency account or Agency Content. Audit log tracking for the video data is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by the Agency at any time. The Agency shall contact TASER immediately if an unauthorized third party may be using the Agency account or Agency Content or if account information is lost or stolen. 3.2. FBI CJIS Security Addendum. For customers based in the United States, TASER agrees to the terms and requirements set forth In the most recent Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Addendum for the Term of this Agreement. 'rite.: Evidence.com MasLer Service Agreement with Exhibits Page iR of 27 Department: Legal vefslon: ILO Release Date: 7/31/2015 25F -22 TASER 4 Our Support. TASER will make available updates as released by TASER to the Evidence.corn Services. Updates may be provided electronically via the Internet. TASER will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the change (except If doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities. The Agency is responsible for maintaining the computer equipment and Internet connections necessary for use of the Evidence.com Services. Data Privacy. TASER will not disclose Agency Content or any information about the Agency except as compelled by a court or administrative body or required by any law or regulation. TASER will give prior notice if any disclosure request is received for Agency Content so the Agency may file an objection with the court or administrative body. The Agency agrees to allow TASER access to certain information from the Agency in order to: (a) perform troubleshooting services for the account upon request or as part of our regular diagnostic screenings; (b) enforce this agreement or TASER's policies governing use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. 6 Data Storagg. TASER will determine the locations of the data centers in which Agency Content will be stored and accessible by Agency end users. For United States customers, TASER will ensure that all Agency Content stored in the Evidence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. TASER may transfer Agency Content to third parties for the purpose of storage of Agency Content and agrees to abide by the provisions of pfaragraph 3.2 above. Third party subcontractors responsible for storage of Agency Content are contracted by TASER for data storage services. Ownership of Agency Content remains with the Agency. For use of an Unlimited Evidence.com License unlimited data may be stored in the Agency's Evidence.com account if the data originates from a TASER device. For use of Totally Unlimited Evidence.com Licenses TASER reserves the right to limit the types of content the Agency can store and share using the Services. 7 Fees and Pavment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same date as the pre - existing subscriptions. TASER reserves the right to charge additional fees for exceeding purchased storage amounts or for TASER's assistance in the downloading or exporting of Agency Content at the end of the term of the Agreement. 8 . TASER may suspend Agency access or any end user's right to access or use any portion or all of the Evidence.com Services Immediately upon reasonable notice in accordance with the following: 8.1 The Termination provisions of the Master Service Agreement apply; 8.2 The Agency or an end user's use of or registration for the Evidence.com Services (i) poses a security risk to the Evidence.com Services or any third party, (ii) may adversely impact the Evidence.com Services or the systems or content of any other custorner, (ill) may subject TASER, TASER's affiliates, or any third party to liability, or (iv) may be fraudulent; 8.3 if TASER suspends the right to access or use any portion or all of the Evidence.com Services, the Agency remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. If TASER determines that the condition(s) that triggered paragraph 8.2 above was /were not the fault of the Agency, then the Agency will not be responsible for payment for that i1tle: Eviticnce.com Master Service Agreement with Exhibits Page 19 of 27 Department: Legal Version: 11.0 Release Date: 7/31/2015 25F -23 Y^- e FR period. TASER will not delete any of Agency Content on Evidence.com as a result of a suspension, except as specified elsewhere in this Agreement. 9 Software_ Services Warranty. TASER warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. TASER disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to the Evidence.com Services. ip License Restrictions. Neither the Agency nor any Agency end users may, or attempt to: (a) knowingly permit any third party to access the Evidence.com Services except as permitted in paragraph 1 of this Appendix; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Evidence.com Services; (c) reverse engineer, disassemble, or decompile the Evldence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence,com Services, or facilitate any procedure for others to do the same; (d) access or use the Evidence,com Services in a way Intended to gain unauthorized access, avoid Incurring fees or exceeding usage limits or quotas; (e) copy the Evidence,com Services in whole or part, except as expressly permitted in this Agreement; (f) use trade secret: information contained in the Evidence.com Services, except as expressly permitted In this Agreement; (g) resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a competitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or (j) use the Evidence.com Services to store or transmit Infringing, libelous, or otherwise unlawful or tortious material, to knowingly store or transmit material In violation of third party privacy rights, or to store or transmit malicious code, All licenses granted in this Agreement are conditional on continued compliance with this Agreement, and will Immediately and automatically terminate if the Agency does not comply with any term or condition of this Agreement. The Agency may only use our trademarks In accordance with the TASER Trademark Use Guidelines (located at www.TASER,com), TICIe: Evldence.com Master Service Agreement with Exhibits Page 20 of Department: Legal Version: 11.0 Release Date: 7/31/2075 25F -24 Professional Services Appendix Scope of Services. The project scope, will consist of the Services Identified in the Scope of Services as set forth In Exhibits "A" and "Al", the Appendices attached to the Agreement, the Evidence.Com Appendix, Professional Services Appendix, Taser Assurance Plan Appendix and the Axon Integration Appendix 1.1. The Package for the Axon and Evidence.com related Services are detailed below: System set up and configuration Setup Axon© Mobile on smart phones (if applicable). Configure categories & custom roles based on Agency need. Troubleshoot IT Issues with Evidence.com and Evidence.com Dock (Dock) access. Work with IT to Install EVIDENCE Sync software on locked -down computers (if applicable). One on -site session Included Dock installation Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. Authenticate Dock with Evidence.com using "admin" credentials from Agency. Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment, On site Assistance Included Dedicated Project Manager Assignment of a specific I ASER representative for all aspects of planning the Product rollout (Project Manager). Ideally, the Project Manager will be assigned to the Agency 4 -6 weeks prior to rollout. Weekly project planning meetings Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units, Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the Evidence,com Dock Installation of not more than 30 minutes in length. Best practice implementation planning session -1 on -site session to: Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies. Discuss Importance of entering metadata In the field for organization purposes and other best practice for digital data management. Provide referrals of other agencies using the Axon camera products and Evidence.com services Create project plan for larger deployments. Recommend rollout plan based on review of shift schedules. System Admin and troubleshooting training sessions 2 on -site sesslons —each providing a step -by -step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. Axon instructor training Prior to general user training on Axon camera systems and Evidence.com services, i'ASER's on -site professional services team will provide training for Instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. End user o live trainin and support 9 g sessions Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com and EVIDENCE Sync. Implementation document packet Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and categories &_roles . ulda_.. —,— Post go live review session The — - - -- — The Agency may reject Services that do not comply with the Agreement requirements by providing TASER written notice of relection_withln 30 dais of the PasC go live review session. Failure to notdy'CASER within Title: Evidence.com Master Service Agreement with Exhibits Page 21 of 27 Department: Legal Version: 1x.0 Release Date: 7131/201!5 25F -25 1.2. Additional training days may be added on to any service package for additional fees set forth in the Scope of Products and Services identified in Exhibit "A" and "Al" to the Agreement. Out of Scone Services. TASER is responsible to perform only the Services described in the Scope of Products and Services (Exhibits "A" and "Al") to the Agreement. Any additional services discussed or implied that are not defined explicitly in the Scope of Products and Services will be considered out of the scope. 3 De iver,v of Services. 3.1. Hours and Travel. TASER personnel will work within normal business hours, Monday through Friday, 8 :30 a.m. to 5:30 p.m., except holidays unless otherwise agreed In advance. All tasks on -site will be performed over a consecutive timeframe unless otherwise agreed to by the Parties in advance. Travel time by TASER personnel to Agency premises will not be charged as work hours performed. 3.2. Changes to Services. Changes to the scope of Services must be docurnented in writing and agreed upon by the Parties in a change order. Changes may require an equitable adjustment in the charges or schedule. 4 th 'x tinn to 8looess C u er S ste s t Perform Servic The Agency authorizes TASER to access relevant Agency computers and network systems solely for the purpose of performing the Services. TASER will work diligently to identify as soon as reasonably practicable the resources and information TASER expects to use, and will provide an Initial itemized list to the Agency. The Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by the Agency. S Site PreRaration and Installation, Prior to delivering any Services, TASER will provide 1 copy of the then - current user documentation for the Services and related Products in paper or electronic form (Product User Documentation), The Product User Documentation will include all environmental specifications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation, Prior to the Installation of Product (whether performed by the Agency or TASER), the Agency must prepare the Installation Site in accordance with the environmental specifications set forth In the Product User Documentation. Following the installation of the Products, the Agency must maintain the Installation Site where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by TASER under this Agreement, Including the environmental specifications for the Products, TASER will provide the updates or modifications to Agency when they are generally released by TASER to TASER customers. 6 Liabilltvfor Loss or Corruption of Data. The Agency is responsible for: (i) instituting proper and timely backup procedures for Agency software and data; (ii) creating timely backup copies of Agency software or data that may be damaged, lost, or corrupted due to our provision of Services; and (iii) using backup copies to restore any Agency software or data in the event of any loss of, damage to, or corruption of the operational version of Agency Title: Evidence.com Master Service Agreement with Exhibits Page 22 of 27 Department: Legal Version: 11.0 Release Date: 7/31/2015 25F -26 software or data. However, regardless of any assistance provided by TASER: (1) TASER will in no way be liable for the accuracy, completeness, success, or results of efforts to restore Agency software or data; (ii) any assistance provided by TASER under this Section is without warranty, express or implied; and (iii) in no event will TASER be liable for loss of, damage to, or corruption of Agency data from any cause. Title: Evidence.com Master Service Agreement with Exhibits Page 23 of 27 Department: Legal Version: 11.0 Release Date: 7/31/2015 25F -27 TASER Assurance Plan Appendix The TASER Assurance Plan or "TAP" has been purchased as part of the Scope of Products and Services attached as Exhibits "A" and "Al" to the Agreement. TAP provides hardware extended warranty coverage, Spare Products, and Upgrade Models at the end of the TAP Term. TAP only applies to the TASER Product listed In the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The Agency may not buy more than one TAP for any one covered Product. TAP WaLranty Coverage. TAP includes the extended warranty coverage described in the current hardware warranty. TAP warranty coverage starts at the beginning of the TAP Term and continues as long as the Agency continues to pay the required annual fees for TAP, The Agency may not have both an optional extended warranty and TAP on the Axon camera /Dock product. TAP for the Axon camera products also Includes free replacement of the Axon flex controller battery and Axon body battery during the TAP Term for any failure that is not specifically excluded from the Hardware Warranty. TAP erm. TAP Term start date is based upon the shipment elate of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. SPARE Product. TASER will provide a predetermined number of spare Products for those hardware Items and accessories listed in the Scope of Product and Services attached as Exhibits "A" and "Al ". (collectively the "Spare Products ") to keep at the Agency location to replace broken or non - functioning units in order to improve the availability of the units to officers in the field. The Agency must return to TASER, through TASER's RMA process, any broken or non - functioning units for which a Spare Product Is utilized, and TASER will repair or replace the non - functioning unit with a replacement product. TASER warrants it will repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at TASER's sole option. The Agency may not buy a new TAP for the replacement product or the Spare Product. 3.1. Within 30 days of the end of the TAP Term the Agency must return to TASER all Spare Products. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products not returned to TASER. If all the Spare Products are returned to TASER, then TASER will refresh the allotted number of Spare Products with Upgrade Models If the Agency purchases a new TAP for the Upgrade Models. 4 TAP Officer Safety Plan (OSPI. The Officer Safety Plan Includes the benefits of the Evidence.com Unlimited License (which includes unlimited data storage for Axon camera and Axon Capture generated data in the Evidence.com Services and TAP for the Axon Camera), TAP for Evidence.com Dock, one TASER brand CEW with a 4 -year Warranty, one CEW battery, and one CEW holster, per OSP user. At any time during the OSP term the Agency may choose to receive the CEW, battery and holster by providing a $0 purchase order. At the time elected to receive the CEW, the Agency may choose from any current CEW model offered. The OSP plan must be. purchased for a period of 5 years. If the OSP is terminated before the end of the term and the Agency did riot receive a CEW, battery or holster, then we will have no obligation to reimburse for those items not received. If OSP is terminated before the end of the term and the Agency received a CEW, battery and /or holster then (a) the Agency will be Title; Gvidence.com Master Service Agreement with Exhibits Page 24 or 27 Department: Legal Version: 1110 Release Date: 7/31/2015 r4 J-aeol Invoiced for the remainder of the MSRP for the Products received and not already paid as part of the OSP before the termination date; or (b) only in the case of termination for non - appropriations, return the CEW, battery and holster to TASER within 30 days of the date of termination. TAP Uparade Models. Upgrade Models are to be provided as follows during and /or after the TAP Term: (i) an upgrade will provided in year 3 if the Agency purchased 3 years of Evidence.com services with Ultimate Licenses or Unlimited Licenses and all TAP payments are made; or (ii) 2.5 years after the Effective Date and once again 5 years after the Effective Date if the Agency purchased 5 years of Evidence.com services with an Ultimate License or Unlimited Licenses or OSP and made all TAP payments. TASER will provide all necessary components and accessories that are compatible with any upgraded product. Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model. Thirty days after the Upgrade Models are received, the Agency must return the products to TASER or TASER will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence.com licenses for the Axon camera products the Agency is keeping. The Agency may buy a new TAP for any Upgraded Model, 5.1. TAP Axon Camera Upgrade Models. 5.1.1. If the Agency purchased TAP for Axon Cameras as a stand -alone service, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on- officer video camera that is the same product or a like product, at TASER's sole option. TASER makes no guarantee that the Upgrade Model will utilize the same accessories or Dock. If the Agency would like to change product models for the Upgrade Model, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model that will be acquired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 5.1.2. If the Agency purchased Unlimited License or OSP, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on- officer video camera of the Agency's choice. 5.2. TAP Dock Upgrade Models. TASER will upgrade the Dock free of charge, with a new Dock with the same number of bays that is the same product or a like product, at TASER's sole option. If the Agency would like to change product models for the Upgrade Model or add additional bays, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model desired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 6 TAP Termination. If an invoice for TAP is more than 45 days past due orthe Agency defaults on its payments for the Evidence.com services then TASER may terminate TAP and all outstanding Product related TAPS. TASER will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 6.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 6.2. TASER will not and has no obligation to provide the free Upgrade Models, 6.3. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in Title: Evidence.com Master Service Agreement with Exhibits Department: i_egal Version: 11.0 Release (Date: 7/31/2015 25F -29 Page 25 of 27 effect for all Spare Products provided under TAP. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 6,4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 6.5 If the Agency received Axon Products free of charge and TAP is terminated before the end of the term then (a) the Agency will be Invoiced for the remainder of the MSRP for the Products received and not already paid as part of the TAP before the termination date; or (b) only In the case of termination for non - appropriations, return the Products to TASER within 30 days of the date of termination. 19t1e: Evidence.corn Master Service Agreement with Exhibits Page 26 of 27 Department: Legal Version: 7.110 Release Date: 7/31/2015 25F -30 TASER Axon Integration Services Appendix I. Term. The term of this SOW commences on the Effective Date, The actual work to be performed by TASER Is not authorized to begin until TASER receives the signed Quote or a purchase order for the Integration Services, whichever is first. 2. Scope of Integration Services. The project scope will consist of the development of an integration module that allows the EVIDENCE.com services to interact with the Agency's RMS so that Agency's licensees may use the Integration module to automatically tag the Axon recorded videos with a case ID, category, and location. The Integration module will allow the Integration Module License holders to auto populate the AXON video meta -data saved to the EVIDENCE.com services based on data already maintained in the Agency's RMS, TASER Is responsible to perform only the Integration Services described in this SOW and any additional services discussed or implied that are not defined explicitly by this SOW will be considered out of the scope and may result in additional fees. 3. Pricing, All Integration Services performed by TASER will be rendered in accordance with the fees and payment terms set forth in the Quote. 4. PSIlvery of Integration Services. 4.1 Support After Completion of the Integration Services. After completion of the Integration Services and acceptance by the Agency, TASER will provide up to S hours of remote (phone or Web - based) support services at no additional charge to the Agency. TASER will also provide support services that result because of a change or modification in the EVIDENCE.com, services at no additional charge as long as the Agency maintains EVIDENCE.com subscription licenses and Integration Module Licenses, and as long as the change is not required because the Agency changes its RMS. Thereafter, any additional support services provided to the Agency will be charged at TASER's then current standard professional services rate. 4.2 Changes to Services. Changes to the scope of the Integration Services must be documented and greed upon by the Parties in a change order, If the changes cause an increase or decrease In any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties. 4.3 Warranty. TASER warrants that it will perform the Integration Services in a good and workmanlike manner. IItlet Evidence.com Master Service Agreement with Exhibits Page 27 of 27 Department: Legal Version: i1.0 Release Date 1/31/2015 25F -31 25F -32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: AMEND AGREEMENT WITH PSOMAS, INC., FOR ENGINEERING DESIGN, CONSTRUCTION SUPPORT AND PROJECT CLOSURE SERVICES AGREEMENT NO. 2014 -224 (PROJECT 11 -6412) (STRATEGIC PL N -6,1C) CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to amend the design services agreement with Psomas, Inc., to expand the current scope of work for engineering design to include additional design services, construction support, and project closure services in the amount of $150,000 for an additional one -year period through September 1, 2018 so that the total sum to be expended under the Agreement shall not exceed $325,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Walnut Pump Station was first constructed in the early 1960's. The pump station receives water from several sources including three wells, and one connection with the Metropolitan Water District (MWD). In addition, a six million gallon reservoir resides at this site providing emergency and peak demand water supply. This facility is the main component to distribute water to the central and downtown areas, and is therefore considered critical to the City's water distribution system. On September 16, 2014, the Public Works Agency entered into an agreement with Psomas, Inc. for engineering design services to renovate and modernize the Walnut Pump Station. The design was completed by Psomas, Inc. as scheduled. On September 20, 2016, the project construction phase was awarded to Arnaz Engineering Contractors. During the initial part of the construction phase, several related mechanical and electrical equipment appurtenances were found in a state of decay and must be replaced. This could only have been discovered when the pump station was taken off line and disassembled. Equipment includes booster pumps, well head piping systems, electrical motors, components, 25G -1 Amendment Agreement with Psomas, Inc. For Engineering Design, Construction Support and Project Closure Services May 2, 2017 Page 2 and peripherals that were not included in the original scope of work. Therefore, additional design and construction support services are needed. Psomas, Inc is the designer of record and is familiar with the needs of the project and the proposed services. The recommended services will allow for the completion of the project in a timely manner and without delays. The added scope of work and cost breakdown has been analyzed by staff, and it provides effective value to the City and the project. 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), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the additional scope of work in the amount of $150,000 are available in the Water Utility Capital Fund (Account No. 06617647 66301, Project 11 -6412) for expenditure FY 2017 -18 and FY 2018 -19. Fred Mousavipour Executive Director Public Works Agency FM/VVEG /JG /AF APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: 1. Amendment Agreement - Psomas, Inc. 25G -2 FIRST AMENDMENT TO CONSULTANT AGREEMENT FOR ENGINEERING SERVICES WITI4 PSOMAS THIS FIRST AMENDMENT to the above - referenced agreement is entered into on May 2, 2017, by and between Psomas, Inc., a California corporation ( "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 "), RECI'T'ALS A. The parties entered into Agreement #PA- 2014 -224, dated September 16, 2014 ( "Agreement "), by which Consultant agreed to provide water resource engineering design services for the City's Walnut Pump Station Upgrade Project. B. The term of the Agreement is from September 16, 2014 through September 1, 2017, and the Agreement remains in effect. C. The parties wish to amend the Agreement to increase the term of the Agreement, the Scope of Services, and the amount to be expended under the Agreement. The Parties therefore :agree: 1. Section 1, Scope of Services, is amended to include the additional services described in Exhibit A. 2. Section 2, Compensation, is amended to include an additional $150,000 for services to be performed by the Consultant so that the total sum to be expended under the Agreement shall Clot exceed $325,000. 3. Section 4, Term, is arnended to extend the Agreement for an additional one -year period beginning September 2, 2017, and ending September 1, 2018, as provided by the Agreement. 4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. IIUIZAR Clerk of the Council Pap 1 of 2 25G -3 CITY OF SANTA ANA GERARDO N40UET Acting City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALIIO City Attorney By: 044 9wn t _ JQYN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSIVAPOUR Executive Director, Public Works Agency Name: Title: Pagc 2 or 2 25G -4 Marc Ina Ure Natural and Built Envimmunnnt March 22, 2017 Mr, Armando Fernandez Senior Engineer CITY OF SANTA ANA Public Works Agency Design Engineering 220 S. Daisy Avenue (M -85) Santa Ana, CA 92703 SUBJECT: Proposal for Professional Engineering Design Services Walnut Pump Station Upgrade Project Additional Bidding and Construction Pbase Services Dear Armando: Pursuant to your request, we are submitting this proposal to provide additional services during the bidding and construction phase for the Walnut Pump Station Upgrade Project. SCOPE OF SERVICES This proposal for additional engineering services includes the following scope of work: 1. Additional Bid Phase Assistance - Provide additional assistance during the bidding phase of the project. This work included responding to numerous questions from bidders during hid period that was extended several weeks beyond the original bid due date, 2. Plan Revisions for Pump and Discharge Header Replacement — At City's request, Psomas prepared revisions to plans to include replacement of all P mtp$, motors, valves, fittings and above ground pilling. Work included preparation of a new construction plan sheet, coordination with City staff and pump manufacturers to determine equipment requirements. 3. Asbestos Abatement Monitoring — At City's request, Psomas retained A -Tech Consulting to provide asbestos abatement monitoring during Contractor's demolition of the existing pump station structure. 4. Building Permitting- Assistance — Psotnas assisted City Water staff with preparation of a building permit application with City of Santa Ana. S. Revisions to Structural and HVAC Plans — At City's request, Psomas will review proposed modifications to the Sodium HypoeltloritelPOL building to remove interior wall to create a single room. Work included revisions to structural and HVAC plans and associated calculations. 6. Revisions to-Electrical and Instrumentation — The City requested a Hutton Centre curve Psomas (and our electrical engineer MPA) add four (4) new control panels store zoo Santa Ana. CA 92707 Te1714.751,7373 Fax 714.545.8889 Ww ,Pconnas.com 25G -5 to the electrical and instrumentation plans. Two of the panels are associated with the Chlorination System. The City also requested integration of the Chlorination System into the current design plans. Psomas will provide updated background drawings that show the Chlorinator skid and provide a control description for the Chlorination System. The Chlorination System submittal has a Chlorinator PLC Pallet. It also has a control description. However, control description and Chlorinator PLC Panel 10 list are not consistent with the 10 associated with the Chlorinator Remote 10 Panel. Since most of the I0 for the Chlorinator Remote 10 Panel comes from the Chlorinator skid, we recommend that the chlorine system supplier integrate the Chlorinator Remote 10 Panel into the Chlorinator PLC Panel. The other new panels are called the Well 29 PLC and the SA -2 PLC, In the original design, these panels were to be supplied by the City under separate contract. Psomas will provide background drawings for Well 29 and SA -2. The City has also requested revision to the hardware requirements for the Walnut Pump Station PLC, as well as modifying the control diagrams for the Main Control Panel. Additional Assistance with Review of Shop Drawing Submittals and RFPs — Provide additional assistance in review of contractor shop drawing submittals and responding to contractor RFI's. 8, Vault for Chlorination [nieotianQyill — Revise construction plans to add a precast concrete vault for a chlorination injection quill on the existing 24 -inoh well discharge line. Plans will show demolition of existing vault and include plan and section views of new vault and piping modifications. 9. Optional Services — Provide engineering sevices for optional tasks as requested by the City. Optional services will be provided only upon prior authorization of the City. We propose to provide engineering services to complete the work as discussed above on an hourly basis with the total fee not to exceed $132,311 as summarized in the attached fee table. If you have any questions, please do not hesitate to contact us. Sincerely, PSO MAS t (r� i Joep L. Boyie;i'R Senior Project H naage;r/Vfce Presidwat 25G -6 City of Santa Ana Professional Engineering Services Walnut Pump Station Upgrade Project Additional Bidding & Construction Phase Somices 25G -7 f'xy l rfl € - z Task Description a � m� m� �� 'n' ; u s di SZ d.Pe '1I O) 6117 n Y � 11�13< yQ NWa S0. 2L•$LL 1= .. Houd Rale3 5230' :$209 $170 $110' -. $135 1 S90:'. 1 Mtltlanal Aasialaroetlun Bq Phasalo RmmdtoConlradargVLsllons v 10 ' -'' 10 $ 9,7D0 _..m. 5 $ 5 5 5 f 1i00 2 P peepeal n ®rltl qq 1 r. 1 cite Ph (or PUmpanJlleaJe+Naplacemonl A _� _ 30 24 2 ... —_ ._..... 6o g_ 0990 5 - _ .. 5 _ 3 __ 5 S . $ sm. 3. Aa2ml CltywilAAabeslnf Mnlemnnl MOnlYnrmr� �_.� 2' - _f._ - 13 $ 2500 5 5 1220 S a. S 3,220 -0, deafal CilY'UOUYtlng PUrmiIPmEOSaiM 1 ____._��____.._.._._....._... _.. - „12 __�_ 16 S 9 °, S, _5 6 _$ 3 _ 3 g 2.00 5 Ravao6VWNm1aW V1VAL for &Wium 4lypocFlEAIelPOl9brptlo auiltlli�j �__ q _12 __ _ 2 2140 1 2.190 9_ - 5 S 'v 41'A 5 1.W0 $ _ g 6_160 6. Ravlea Ga[MEtI:6N I08Vwnnnlu1141 +PIP1901u R<Ancl1lU 61argee g 16 y _ W 2g S 3,300 _ _ 5 1%,606 S S_ g_5 t00 J 6 2100" ), PravlJn Atltlpbual Makbneo for MlUrgaaln ➢gPl,l antl Shop ornwipO REweWS �_ iT 3 44 2A 72 _ 4 959 $ 21.fi15 5 fl,. S B 2,SC0 g - S M0 fl P >xl es a 1 101 -all inLbe "eulll on N'7e110`kenarae Ury _� i6 24 —. 6410 5 2'244 J° S� - 5 5 S 100 $ a7X t0D �0 4. Xtl 2I3 40065 l 5 - 5 _�� 5 40065 (:S MOW 45 :-a `336 IN I 1t0 34 6M f..NOW 3 31.531 f :.1:320 f TAo j .4M 3 NO $ ::a52,.t11 25G -7 f'xy l rfl 25G -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: PURCHASE AGREEMENT WITH WORLD OIL MARKETING COMPANY FOR REAL PROPERTY ACQUISITION FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741, NON - GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3, 2C) ITY1y1ANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ 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 a Purchase Agreement for the real property acquisition, temporary construction easement, and goodwill (if any) with the property owner listed below, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount known as / location Type 1 World Oil Marketing 2040 South Bristol Street, Full $610,000 Company (APN 408 - 336 -17) Bristol Street is a north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and adding bike lanes. The City is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by summer 2017, and construction is anticipated to begin in fall 2017. The property acquisition is necessary to accommodate the improvements and widening for Phase 4 (Exhibit 1). The purchase offer was determined based on appraised value prepared by a California State licensed appraiser and was accepted by the property owner. The compensation amount is listed above and shown in the attached agreement (Exhibit 2). 25H -1 Purchase Agreement for Real Property Acquisition Bristol Street Improvements Phase 4 May 2, 2017 Page 2 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds are available in the Bristol Street Improvements Project (No. 116741) for expenditure in FY 2016 -2017 in the Select Street Construction Fund (Account No. 05917661 - 66100), subject to nonsubstantive changes. Fred Mousavipour Executive Director Public Works Agency FM /EWG /JG /ML APPROVED AS TO FUNDS & ACCOUNTS: r� Francisco Gutierrezy Executive Director 11 Finance & Management Services Agency Exhibits: 1. Location Map 2. Agreement for APN 408 - 336 -17 25H -2 MATCHLINE SEE BELOW RIGHT ST GERTRUDE PL ! �•_�, -_ PURCHASE AGREEMENT FOR CITY COUNCIL I 1409-471 -01!4 1 „1..1..1.. I PHASE 4 (PROJECT NO. 116741 � . MAY 02, 2017 NONGENERAL FUND) 1 IC1s -094- M191 - -•_• -I W 408-471 -17 1 /�� IL '015. 194.29, 015. 194.24, Co ' i i 0 ,'095- 194 -25 ��a �7 CO -��3�• jy� S8� , I � 40tl- 471 -08 I �L.it6 -094aG� , I- •--- � -__ -.� �, I i 1 1 i t WARNER AVENUE LEGEND! -ueeecT PPDPLPI( �T - 1..tPEE -11VILPTT'S t 1 ` I ST ANDREW PL II III I I m i I� I I I CARLTON PL ...T..T --- 17 —�d•,, ( .,�..�..�.. lk- i i v i i i ✓ W 1 I I I I I I GLENWOOD PL J I/T� i i ar t T t CAMDEN FL PL �ST AN PL i i I i i �I EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA PURCHASE AGREEMENT FOR CITY COUNCIL BRISTOL STREET IMPROVEMENTS P ''411d7 °� AGENDA DATE; PHASE 4 (PROJECT NO. 116741 t�� . MAY 02, 2017 NONGENERAL FUND) PUBLIC Worms AGOICY [Strategic Plan No. 6, 1, G and 3, 2, C[ 25H -3 PAGE 1 OF 1 25H -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA" . or "Agreement "), is entered into on corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer "), and WORLD OIL MARKETING COMPANY a California corporation (hereinafter "Seller "). Buyer and Seller shall sometimes individually be referred to herein as a "Party" or collectively as the "Parties." THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this Agreement, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "said real property ") legally described as follows: SEE EXHIBIT "A" -W Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2040 S. Bristol Street, Santa Ana, CA 92704) (APN 408 - 336 -17) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the fallowing terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement. Seller has entered into this Agreement and agreed to sell the said real property to City under threat of condemnation. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except the Permitted Exceptions (as defined in Section 15 below). Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller furiher agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. It shall be a condition to closing for City's benefit hereof, that, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, City receives a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Six Hundred Ten Thousand Dollars ($610,000.00) insuring the title of C� 12— 4833. 3742 - 9953.3 sW the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting the Permitted Exceptions (as defined in Section 15 below). Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City, reason of the failure of Selter to_colwaytitle or_to-provide_title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the "Escrow Agent ") within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen or unacceptable conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then Buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter; provided, however, that notwithstanding anything to the contrary contained herein, this Agreement and all rights and obligations of the parties hereunder shall terminate automatically if the close of escrow does now occur within one hundred twenty (120) days of the City's execution of this Agreement. Buyer shall be entitled to possession of the Property immediately upon close of Escrow, The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 6. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins or the date the deed conveying said real property to City is recorded and made r gi k�, -2- 4833- 3742. 9053,3 25H -6 uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property, Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said saia conveyance Is made shall be paid by Seller before conveyance of said real property to City. 6. pavment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Six Hundred Ten Thousand Dollars ($610,000). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; and (c) Recordation of the Grant Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, subject to the Permitted Exceptions, which shall be made free by Seller of all personal property. L No later than three (3) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and /or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and /or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. V. If Seller does not vacate the Property by the close of escrow, the Seller agrees to have the Court immediately issue a Writ of Possession and /or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and /or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by three (3) days after close of escrow. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /365- day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this Agreement is executed by Seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property Sk -3- 4833.3742•053.3 25H -7 collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements to the extent that such liability results from claims first occurring or arising prior to the close of escrow. Seller also warrants that there are no oral or written leases on all or-any _pnrtion of_th. e_eubject- property exceeding a period of one month, 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10, _Heirs. Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and In all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 13. Acknowledgment of Full Benefits and Release. A. Subject to Seller's right to effect a Section 1033 exchange of like kind property, which is hereby reserved in all circumstances by Seller and fundamental consideration for Seller's agreement to enter into this Agreement, by execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss of goodwill and /or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; any right to repurchase, leaseback from Buyer, or receive any financial gain from, the sale of any portion of the Property, or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263,025; and attorney's fees and costs. It is understood by the Parties that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of itself, its heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including 463 -4- 3 3 25H -8 attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto; provided, however, Seller shall not release Buyer from or with respect to any claims or causes of actions resulting or arising from Buyer's gross negligence or willful conduct in connection with such efforts by Buyer. This Agreement does not, and shall not be construed to, require Sellerto indemnify Buyer for damages which may arise as a result of Buy ffnds_ to_ constr_ uc t _I.m.prAUements_on_the- Property C. Seller hereby acknowledges that it either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist In his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P,O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is c/o World Oil Corp., 9302 Garfield Avenue, South Gate, California 90280, attn: Edward L. Kaufman, Esq. 16. Exceptions. City agrees to accept title to said real property subject to the following exceptions: All matters of record and all matters that would be disclosed by an accurate survey or visible from an inspection of said real property as of the closing date (the "Permitted Exceptions "). Notwithstanding anything to the contrary contained herein, City shall have the right to terminate this Agreement at any time prior to the date that is sixty (60) days after City executes this Agreement if City disapproves any matters that are disclosed by an accurate survey or visible from an inspection of said real property. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement, Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Buyer acknowledges and agrees that Seller has disclosed to Buyer that a gasoline service station was operated on the Property for several years prior to and including 1997. Thereafter, the underground gasoline and fuel storage tanks were removed from the Property and corrective action was conducted under the directive of the Santa Ana Fire Department and California Regional Water Quality Control Board -Santa Ana Region and Case Closure was granted November 25, 1998 (the "Prior Gasoline Use "). Except for the Prior Gasoline Vim" _5_ 4833- 3742- 9053,3 25H -9 Use, neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials in violation of applicable laws on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean -any - substance material —o-r- caste - which- is-or- becomes- regulated -by- any - local - governmental- authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6,5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. Section 1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U,S.C, Section 6901 et seq. (42 U.S.C. Section 6903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. Section 9601 et sue. (42 U.S.C. Section 9601), 18. Compliance With Environmental Laws. To the best of Seller's knowledge, the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, the California Environment Quality Act, the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend, and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (1) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, in each case to the extent occurring prior to the close of escrow; or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property, in each case to the extent occurring prior to the close of escrow. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or 4833- 3742 - 9053.3 25H -10 intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 27. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 21 Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24, Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each Party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the Party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 28. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 4833`3'P ,3,3 25H -11 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first written above. WORLD OIL MARKETIN PANY, a California corporation Date:, 2017 City /Buyer City of Santa Ana Gerardo Mouet Acting City Manager Attest: Maria D. Huizar City Clerk Approved as to Farm: J# M. Funk Assistant City Attorney 4833. 3742 - 90513 Date: 2017 Date: , 2017 Date: 3-2q-1 % , 20* M 25H -12 EXHIBIT "A" LEGAL DESRIPTION Lots 1 and 2 of Tract No. 2209, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 64, pages 25 and 26 of Miscellaneous Maps, in the office of the, County Recorder of said County. 4833 - 3742 - 9953.3 EXHIBIT "A" _t. 25H -13 EXHIBIT "B" (First American) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means- the - date -on-- which- in-str-uments- referred -to- herein -are -fled -for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized, There shall be no proration of any existing insurance policies in this escrow You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 4833-3742-9059.8 EXHIBIT "B" -I- 25H -14 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by CANCEL APPROVEDAS APPROVED BY DESCRIPTION DESCRIPTION A,P, RNJ MAP PROJECT TAXES TO FORM BY DIRECTOR WRITTEN BY CHECKEQ -0,K, NUMBER NUMBER ATTY. X DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ,a hereby GRANTS to a that certain real property which is more particularly described on Exhibit "A" which is attached hereto. Subject to: 1. Nondelinquent taxes and assessments; and 2. All matters of record that would be disclosed by an accurate title report, survey or visible from an inspection of Said Real Property, Dated: Dated: 4833.3742- 4053.3 EXHIBIT "B" -2- 25H -15 25H -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: APPROVE TENANT - INTEREST PURCHASE AGREEMENT WITH AKBAR HEIDARINIA DMD, INC. FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741, NON - GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) 6ftY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute purchase agreement of Tenant Interest in the property listed below and goodwill (if any) with the following property tenant, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Tenant Akbar Heidarinia DMD, Inc. DISCUSSION Property commonly known as / location Acquisition Amount """"' Tenant 2231 South Bristol Street Interest $520,000 (APN 015- 194 -36) Bristol Street is a north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and adding bike lanes. The City is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by summer 2017, and construction is anticipated to begin in fall 2017. The acquisition of the tenant - interest (Exhibit 1) is necessary to accommodate the improvements and widening for Phase 4. The above listed tenant agreed to quitclaim all of their tenancy interest including loss of goodwill for the listed purchase price. Purchase price was made based on the appraised value prepared by a State - licensed appraiser, and the offer was accepted by the 251 -1 Tenant Interest Purchase Agreement - Bristol Phase 4 May 2, 2017 Page 2 respective tenant - seller. The purchase price for the acquisition listed above is shown in the corresponding agreement (Exhibit 2). 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds are available in the Bristol Street Improvements Project (No. 116741) for expenditure in FY 2016 -2017 in the Select Street Construction Fund (Account No. 05917661 - 66100), subject to nonsubstantive changes. APPROVED AS TO FUNDS & ACCOUNTS: Fred Mousavipour Francisco Gutierrez Q Executive Director Executive Director N Public Works Agency Finance & Management Services Agency FM /EWG /JG /ML Exhibits: 1. Location Map 2. Agreement for APN 015 - 194 -36 251 -2 MATCHLINE SEE BELOW RIGHT I I i i i i 405d99,7 i ST GEFMDE PL I 1498�47LOi l I I 40 ®.47, -17 [7 s� I 40 &471 -06 1 7 R n • is FT-T— T-7... i i i i r i b9s- leasa�:,, ' Oi5- 90424� � —�0� 'D1LL'INa29 ' N6r� 4 iJ19aflM28; --� 1 I � x. ", ♦ ►,, LEGEND: -r,"RJEG, PN'P[Ff/ - dVIlHRED pp,PESIE<_ L i ST ANDREW PL, I I I 4 1 CARL: TdN PL U - "-r 7 - -- If up'' _4 .T v GLENWOOD PL CAMDEN PL J I I 1 Fl 9T ANNE PL EXHIBIT 1 i i r.N ..�..�..�,. M-7-7-7— Y I I I w J -r- i 1.°- 7 --- 1... i 1 i I ryl I I I MATCHLINE SEE TOP LEFT SANTA AMA PURCHASE AGREEMENT FOR CRY COUNCIL BRISTOL STREET IMPROVEMENTS F? �VV A AGENDA DATE- PHASE 4 (PROJECT NO. 116741 MAY 02, 2017 NONGENERAL FUND) [Strategic Plan No. 6, 1, G; and 3, 2, Cl weuc WORKS acgaDr 251 -3 PAGE 1 OF 1 251 -4 SELL ALL (NO SALVAGE) Project: Bristol Street Improvement Project — Phase 4 APN: 015- 194 -36 Tenant- Seller: Alcbar Heidarima DMD. Inc. dba South Coast Dental Group AGREEMENT FOR ACQUISITION OF TENANT - SELLER'S INTEREST IN REAL PROPERTY TMS AGREEMENT ( "Agreement ") is entered into as of this day of 2017, by and between THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ( "Buyer "), and AICBAR HEIDARINIA DMA INC. DBA SOUTH COAST DENTAL GROUP ( "Tenant - Seller ") for the acquisition by Buyer of certain interests in real property described herein, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT. Tenant - Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant - Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively "Improvements "), and business assets (collectively "Movable Equipment ") located in, on, or affixed in any manner to the premises laiown and numbered as 2231 S Bristol Street, Santa Ana, California ( "Premises ") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ( "Property "), and (b) any tenancy interest of Tenant - Seller ( "Tenancy Interest ") in and to the Premises and the Property. The Improvements and Movable Equipment to be conveyed by Tenant- Seller are a part of the Premises and /or business assets, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit B and Movable Equipment attached hereto as Exhibit C. 2. PURCHASE PRICE, The total purchase price, payable in cash through this Agreement, shall be the sum of: FIVE HUNDRED TWENTY THOUSAND AND NO /100 DOLLARS ($520,000.00) ( "Purchase Price "). Tenant - Seller and Buyer agree that the Purchase Price will be allocated as follows: Goodwill Value of Business $409,050.00 Improvements Pertaining to Realty $15,045.00 Movable Equipment $95,905.00 PURCHASE PRICE $520,000.00 Exhibit 2 251 -5 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant - Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit D in favor of Buyer ( "Quitclaim Deed "), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest. 4. Tenant - Sellor will vacate the property by 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS AND MOVABLE EQUIPMENT. The Quitclaim Deed (Exhibit D) will also convey from Tenant - Seller to Buyer all of Tenant - Seller's interest in and to the Improvements and Movable Equipment, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant - Seller's vacation of the Premises and proof of clear title to all said Improvements and Movable Equipment having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDIN G. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein, 7. CERTIFICATION OF OWNERSHIP. Tenant - Seller hereby warrants and certifies under penalty of perjury that Tenant- Seller is the owner of the Improvements and Movable Equipment and that no document has been signed by or on behalf of Tenant - Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements slid Movable Equipment, and that the Tenant- Seller does not lmow of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO ENTER PREMISES. Tenant - Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of malting necessary inspections. 9. BULK SALE, In order to establish, proof of clear title to the Improvements and Movable Equipment, Buyer may publish a Notice to Creditors pursuant to the Bulls Sales Law of -the State of California and obtain a title report aid /or a report from the Secretary of State's Office as to filings of security interests covering the Improvements and Movable Equipment. 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any Idnd is discovered or asserted as to any of the Improvements aid /or Movable Equipment, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant- Seller as is reasonably necessary, in the sole opinion of Buyer., to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total :funds to be withheld from Tenant - Seller do not exceed the net amount to be paid to Tenant - Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld fiurds to any claimant or other perky (except upon court order or levy) without the written consent of Tenant - Seller. 251 -6 A general creditor's claim shall not be deemed to be a claim against any specific item of Improvements and/or Movable Equipment and Tenant - Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant - Seller is entitled to payment under this transaction for the Improvements and Movable Equipment. It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements and Movable Equipment. 11. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant - Seller's interest in the Improvements, Tenant - Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified herein. Tenaut- Seller hereby authorizes Buyer to withdraw and make payable to Buyer any finds deposited with the Court in any such eminent domain action. 12. CLOSING; PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant - Seller, subject to the following adjustments; A. Pay and charge Tenant - Seller for any and all current and/or delinquent taxes and any penalties and interest thereon, and for any delinquent or non - delinquent assessments or bonds against the Improvements and/or Movable Equipment and the Tenancy Interest. B. Pay and charge Tenant - Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and'Fenant- Seller. 13. FULL AND COMPLETE SETTLEMENT. Tenant - Seller hereby aelaiowledges that the compensation paid to Tenant - Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant -Seller from the Promises, specifically including, but not limited to the value of the Improvements and Movable Equipment, leasehold improvements, any and all claims for rental or leasehold value and arty and ail claims in inverse condemnation and for precondennnation damages, and any and all other claims that Tenant- Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Improvements, Movable Equipment and the Tenancy Interest including relocation boncfits to which Tenant -Seller may be entitled and the loss of business goodwill, if any. Tenant - Sellor and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "IReleasees "), hereby release the other party, and its Releasees, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the Improvements and the Tenancy Interest. 251 -7 Additionally, Tenant- Seller does hereby disclaim any right, title or interest in or to the Premises, Improvements, and Movable Equipment. The payment terms set forth herein, provide full payment for the acquisition any and all property interests Tenant -Seller may have in the Premises, Improvements, anal Movable Equipment. Tenant - Seller hereby expressly and unconditionally waives any claims (known or unknown) including loss of goodwill, severance damages, relocation assistance benefits, statutory interest, claims for inverse condemnation or unreasonable pre- condemmnation conduct, or any other compensation, damages or benefits, arising from the acquisition of the Premises that Tenant - Seller may have against Buyer, its officials, representatives, and attorneys. 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code §1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Tenant- Se11er acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant - Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and 'hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or under any statute or common. law or equitable principle of similar effect. Tenant - Seller: AiL 15, CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant - Seller with respect to the Tenancy Interest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO EXECUTE. Tenant - Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the fall and complete settlement and purchase of the Improvements, Movable Equipment, and the Tenancy Interest. 17, AUTHORIZATION TO EXECUTE. Tenant - Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant- Seller and Buyer respectively, 18, COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant - Seller and Buyer and shall never be treated as an admission by Buyer for any purpose of liability or as to value of any property or claim. J 251 -8 19. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 20. WARRANTIES REPRESENTATIONS AND COVENANTS OF TENANT - SELLER. Tenant - Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant - Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, Movable Equipment, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant- Seller shall maintain the Improvements, Movable Equipment, and the Premises in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements, Movable Equipment, and the Premises. C. Until the Closing, Tenant - Seller shall not do anything which would impair Tenant - Seller's title to the Premises, the Improvements, Movable Equipment, or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant - Seller's knowledge, all such items are in good working order. E. To the best of Tenant - Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instt unent to which Tenant - Seller, the Premises, the Improvements, Movable Equipment, or the Tenancy Interest may be subject. F. Until the Closing, Tenant -Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21. HAZARDOUS WASTE. Neither Tenant- Seller nor, to the best of Tenant - Seller's laiowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property or the Premises, or transported airy Hazaxdous Materials to or from the Property or the Premises, Tenant - Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from the Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, axy material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" Linder §25115, §25117 or §25122.7, or listed pursuant to §25140 5 251 -9 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" tinder §25316 of the California. Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" tinder §25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq, (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and 'Liability Act, 42. U.S.C. 56901, et seq. (42 U.S.C. 56901). 22. COMPLIANCE WITH ENVIRONMENTAL, LAWS. To the best of Tenant - Seller's Imowledge, the Premises and its use complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of the city within which the subject Property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency and all applicable federal, state and local agencies and bureaus. 23. INDEMNITY. Tenant - Seller agrees to indemnity, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, wader, in, or about, or the transportation of any such materials to or from, the Premises, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, Linder, in, or about, to or from, the Premises. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible property damage, damage to the natural resource or the enviromnent, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment. This indemnity extends only to acts or onnissions of Tenant- Seller herein. 24, ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 251 -10 25. COUNTERPARTS, This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 26. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto, 27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK, SIGNATURE PAGE FOLLOWS. 251 -11 Mailing Address of Tenant - Seller 235 S. Tustin Street Orange, CA 92866 Mailing Address of Buyer 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Tenant - Seller Akbar Heidarinia D.MD, Inc. dba South Coast Dental Group �} Date: �. Buyer THE CITY OF SANTA ANA By: David Cavazos City Manager Date: Attest: By; ____.. .e— Maria D. I-Iuizar City Clerk Date: Approved as to Form: By: JoU M. Funk Assistant City Attorney Date: 1 Recommended for Approval: BY . ..... _ ... _..�. —.__._ �. Fred Mousavipour Executive Director - Public Works Agency 251 -12 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Real property in the City of Santa Ana, County of Orange, State of California, described as follows; LOT 187 OF TRACT 1192 AS PER MAP RECORDED IN BOOK 39, PAGES 16 AND 17 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, I_17 ►F[i�6�4 251 -13 EXHIBIT "B" AKBAR HEIDARINIA, DMD, INC. DBASOUTH COAST DENTAL GROUP IMPROVEMENT PERTAINING TO THE REALTY Fair Market Value in Item No. qty. Description Place 3 1 Lot of vinyl lettering window signs and graphic decor, $400 including 1.5" to 2.5" lettering, window signs, tooth logo, etc. 5 1 Television wall mount, metal $80 6 148 Square feet of horizontal window blinds, 2" wide, plastic $675 16 2 Wall mirrors, 1- 2'x 3', 1- 23" x 30" $140 17 1 Monitor wall mount, metal, for 23" monitor, adjustable $90 20 5 Wall X -ray viewers, Star X -ray, 16" x 13 ", wall recessed, $950 wood frame, electrical 22 1 Lot of setup and installation for 2 x -ray machines, wall- $1,125 mounted, including calibration 23 1 Lot of setup and installation for panoramic x -ray $775 machine, including floor bolting 24 1 Nitrous oxide and oxygen distribution system, 114" metal $7,000 pipe through ceiling to 5 nitrous oxide and 5 oxygen wall panels, Chemetron, metal, 5" x 6" 26 1 Lot of data cabling and computer networking for $1,250 12 stations 27 1 Telephone system, Panasonic, Model no.: KX- TA824, $2,000 hybrid system, 3 -11ne, full feature, Including 5 hand sets, Model nos.: KX -T7730 and KX -T7731 28 1 Alarm system, Brinks Security, consisting of: $425 1 Code pad 1 Control panel 2 Motion sensors 1 Siren 1 Glass break detector 30 1 Wall cabinet, 40" x 13" x 9 ", wood, 3 glass doors $135 Total Improvements Pertaining to the Realty $15;045 251 -14 EXHIBIT "C" AKBAR HEIDARINIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP MOVABLE EQUIPMENT Item No. C Fair Market Value In Place 33 13 Stacking chairs, fabric seats and backs $195 34 1 Television, Proscan, 32 ", flat screen, wall- mounted $70 35 1 Bulletin board, 40" x 39 ", wood frame, plastic front, $115 10 compartments for brochures 36 1 Magazine rack, 11" x 24 ", wood, 4- compartment $40 37 3 Shelving units, 3'x 80" x 11 ", laminate, 8 -tier $195 38 1 Shelving unit, 18" x 61 x 1', laminate, 6 -tier $55 39 2 credit card terminals, Verifone, Model no.: 510 $300 40 1 Credit card terminal, Verifone, Model no.: VX520 $80 41. 2 Telephones, Panasonic, Model no.: IKXT7731 $150 42 1 Telephone, Panasonic, cordless $25 43 1 Computer, Dell, Model no,: Vostro 220, including $110 1 monitor, Dell, 19 ", keyboard and mouse 44 1 Printer, Hewlett Packard, Model no.: OfficeJet Pro 8625 $30 45 1 Printer, Brother, Model no.: HL- 2280DW $85 46 2 Computers, Dell, Model: Vostro, including 2 monitors, Dell, $290 22 ", 2 keyboards and 2 mice 47 3 Task chairs, fabric seats and backs $180 48 1 Paper shredder, Staples, Model no.: SPL -770M $35 49 1 Computer, Dell, Model no.: Vostro 200, including $150 1 monitor, Dell, keyboard and mouse 50 1 Intra -oral camera, OptiPlus, Model no.: WUM0397 $500 51 4 Dental chair packages, Belmont, model no. not available, $10,245 metal base, vinyl seat, including overhead light, 2 instrument trays with 3 dental instruments 1of4 251 -15 52 53 54 55 56 57 58 59 60 61 62 63 64 65 M 67 68 70 71 72 73 7 2 1 5 1 2 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 EXHIBIT "C" AKBAR HEIDARINIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP MOVABLE EQUIPMENT Dental task stools, vinyl Dental Instrument carts, 2' x 30" x 16 ", stainless steel, 3 -tier Amalgamator, Kerr Automix Curing lights, Demi Plus, model no. not available Ultrasonic scaler, Dentsply/ Cavitron 3000 Computers, Dell, Model: Vostro, consisting of 2 Dell monitors, 2 keyboards and 2 mice Amalgamator, Zenith Dental Instrument cart, 16" x 33" x 16 ", 6- drawer Implant machine, W &H, Implant Med, model no. not available Implant machine, C- Sailor, model no. not available Ultrasonic scaler, Woodpecker, Model no.: DTE D7 Dental instrument carts, 2'x 2'x 19 ", metal, 2 -tier Teeth bleaching light, iBrite, 70" tall Intra -oral camera, Camsight, including printer, computer and cart Desk, 42" x 32 ", glass top, with upper glass section, 42" x 12 ", metal base Task armchair, fabric seat and back Copler, Brother, Model no.: Laser Fax Intellifax 2840 Desk filer, with cover Mini - refrigerator, Frigidaire, over /under Microwave, Samsung Table, 44" diameter, laminate 2 of 4 251 -16 $500 $195 $385 $4,000 $210 $280 $240 $440 $3,400 $2,600 $195 $195 $680 $3,400 $120 $70 $120 $60 $150 $30 $90 EXHIBIT "C" 3 of 4 251 -17 AKBAR HEIDARINIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP MOVABLE EQUIPMENT 74 4 Dining chairs, fabric seats, metal backs $190 75, 1 Storage cabinet, 3'x 43" x 18 ", 2 -door, locking $75 76 1 Coffee maker, Mr. Coffee, 12 -cup $20 77 2 Storage cabinets, 35" x 6'x 2' $190 78 1 Storage cabinet, 30" x 6'x 15" $85 79 1 Dental stool, leather seat $35 80 1 Oxygen crash cart $150 81 1 Fire extinguisher, 10 lb. $30 82 1 Neon "Open" sign, 32" x'14" $100 83 1 Modem, manufacturer and model no, not available $20 84 1 Wireless router, manufacturer and model no. not available $25 85 1 Computer, Dell, Model no.: Vostro 220, including keyboard, $185 mouse and monitor, 22 ", flat screen 86 1 Mixer, DMG, Model: MlxstareMotion $1,000 87 1 Digital x -ray eraser, AlrTechniyues, Model no.: 73800 $725 88 1 Vacuum fanner, Econo -Vac, with heat $170 89 1 Polishing lathe, Baldor, Catalog no.: 350, with splashguard $200 90 1 Dust collector/ polishing cabinet, Danville Engineering, $280 Model: Macro Cab 91 1 Polishing drill, Dream -DX, with rriotor control $95 92 1 Plaster cabinet, 21" x 18 ", metal, 2 -lid $80 93 3 Paper towel dispenser, metal $20 94 1 Dental vibrator, Ray Foster, Model: Med $35 95 1 Root canal device, NSK, Model no.: Endo -Mate DT NE- 131 $880 3 of 4 251 -17 EXHIBIT "C" AKBAR HEIDARINIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP MOVABLE EQUIPMENT 96 1 Gutta cutter, Azdent, Model: A -Blade 97 1 Cart, 12" x 26" x 13 ", metal, 2 plastic drawers 98 1 Dental vacuum, Apollo by Midmark, Model no.: Classic Bronze A VB20S, 208/230V 99 1 Dental air compressor, Narco McKesson, Model no.: 08- 380 -a, 230CV, 20 gallon (estimate) 100 1 Panoramic X -ray unit, Belmont, Model no.: 098, Serial no.: 098 - 1920208, 7ma, 13.5 sec, including controller 102 1 X -ray unit, Belmont, Model no.: 071A, 70 KVP,10ma, including controller 103 1 X -ray chair, metal base, swivel, vinyl seat and back 104 1 Ultrasonic cleaner, Whaledent, Model no.: Blo -Sonic UC100 105 1 Autoclave /sterilizer, Tuttnauer, Model no.: 2340M, 120V, steam 106 3 Digital imaging systems, Gendex, Model: DenOptlx 107 1 Lot of dental tools, including handpieces, Midwest Stylus, low speed drills and miscellaneous hand tool, including, but not limited to scrapers, mirrors, tweezers and forceps $90 $65 $700 $2,200 $4,000 $900 $450 $300 $1,400 $21,000 $30,000 TOTAL MOVABLE EQUIPMENT $95,905 4of4 251 -18 RECORDING REQUESTED BY: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Exempt from Recording Fee EXfIIBIT D Exempt from QUITCLAIM DEED County Assessor's Parcel Number: 015. 194 -36 (2231 S. Bristol Street, Santa Ana, CA) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Transfer Tax Al HEIDARINIA DMD, INC. DBA SOUTH COAST DENTAL GROUP ( "Grantor ") does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ( "Grantee "), the real and personal property In the City of Santa Ana, County of Orange, State of California, described as all right title and Interest In and to the following described real property in Exhibit "1" Including any and all leasehold Interest, title and Interest In and to the Improvements pertaining to the realty and movable equipment which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit "2 ", list of Improvements Pertaining to the Realty, (fixtures and equipment), and items in Exhibit "3 ", list of Movable Equipment, attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real and personal property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty and Movable Equipment conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Improvements Pertaining to the Realty and Movable Equipment, against all demands and claims of all persons. SEE EXHIBITS 1-3" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN ITNESS HEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as of this CIE) of 2017. f [iT-1:41111 T= Rt.ttr \iwl�d7ti•[�IIY]s7� YllYiSfdiTeFlirrlb�Y�if \Rs3 i +llf3 By: Date: O 3 L�o-.J_'--o Its: 251 -19 EXHIBIT "I" LEGAL, DESCRIPTION OF PROPERTY Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 187 OF TRACT 1192 AS PER MAP RECORDED IN BOOK 39, PAGES 16 AND 17 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015 - 194 -36 251 -20 EXHIBIT T' AKBAR HEIDARINIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP IMPROVEMENT PERTAINING TO THE REALTY Fair Market Value in Item No, Qty. Description Place 3 1 Lot of vinyl lettering window signs and graphic decor, $400 including 1,5" to 2.5" lettering, window signs, tooth logo, etc. 5 1 Television wall mount, metal $80 6 148 Square feet of horizontal window blinds, 2" wide, plastic $675 16 2 Wall mirrors, 1- 2'x 3', 1- 23" x 30" $140 17 1 Monitor wall mount, metal, for 23" monitor, adjustable $90 20 5 Wall X -ray viewers, Star X -ray, 16" x 13 ", wall recessed, $950 wood frame, electrical 22 1 Lot of setup and installation for 2 x -ray machines, wall- $1,125 mounted, Including calibration 23 1 Lot of setup and installation for panoramic x -ray $775 machine, including floor bolting 24 1 Nitrous oxide and oxygen distribution system, 114" metal $7,000 pipe through ceilingto 5 nitrous oxide and 5 oxygen wall panels, Chemetron, metal, 5" x 6" 26 1 Lot of data cabling and computer networking for $1,250 12 stations 27 1 Telephone system, Panasonic, Model no.: KX- TA824, $2,000 hybrid system, 3 -1ire, full feature, including 5 hand sets, Model nos.: KX -T7730 and la -T7731 28 1 Alarm system, Brinks Security, consisting of: $425 1 Code pad 1 Control panel 2 Motion sensors 1 Siren 7. Glass break detector 30 1 Wall cabinet, 40" x 13" x 9 ", wood, 3 glass doors $135 Total Improvements Pertaining to the Realty $15,045 251 -21 EXI-41 BIT "3" AKBAR HEI DAR] NIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP MOVABLE .EQUIPMENT Fair Market Value No. Qty. Description in Place —item 33 13 Stacking chairs, fabric seats and backs $195 34 1 Television, Proscar, 32 ", flat screen, wall- mounted $70 35 1 Bulletin board, 40" x 39 ", wood frame, plastic front, $115 10 compartments for brochures 36 1 Magazine rack, 11" x 24 ", wood, 4- compartment $40 37 3 Shelving units, Tx 80" x 11 ", laminate, 8 -tier $195 38 1 Shelving unit, 18" x 61 x 1', laminate, 6 -tier $55 39 2 Credit card terminals, Verifone, Model no.: 510 $300 40 1 Credit card terminal, Verifone, Model no.: VX520 $80 41 2 Telephones, Panasonic, Model no.: KXT7731 $150 42 1 Telephone, Panasonic, cordless $25 43 1 Computer, Dell, Model no.: Vostro 220, including $110 I monitor, Dell, 19 ", keyboard and mouse 44 1 Printer, Hewlett Packard, Model no.: OfficeJet Pro 8625 $30 45 1 Printer, Brother, Model no.: HL- 2280DW $85 46 2 Computers, Dell, Model: Vostro, including 2 monitors, Dell, $290 22 ", 2 keyboards and 2 mice 47 3 Task chairs, fabric seats and backs $180 48 1 Paper shredder, Staples, Model no.: SPL -770M $35 49 1 Computer, Dell, Model no.: Vostro 200, including $150 1 monitor, Dell, keyboard and mouse 50 1 Intra -oral camera, OptiPlus, Made] no.: WUM0397 $500 51 4 Dental chair packages, Belmont, model no. not available, $10,245 metal base, vinyl seat, including overhead light, 2 instrument trays with 3 dental instruments 1 of 4 251 -22 52 53 54 55 56 57 58 59 60 61 62 63 64 65 E 67 68 70 71 72 73 7 2 1 5 1 2 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 EXHIBIT "3" AKBAR HEIDARINIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP MOVABLE EQUIPMENT Dental task stools, vinyl $5D0 Dental instrument carts, 2'x 30" x 16 ", stainless steel, $195 3 -tier Amalgamator, Kerr Automix $385 Curing lights, Dami Plus, model no. not available $4,000 Ultrasonic scaler, Dentsply/ Cavitron 3000 $210 Computers, Dell, Model: Vostro, consisting of 2 Dell $280 monitors, 2 keyboards and 2 mice Amalgamator, Zenith Dental $240 Instrument cart, 16" x 33" x 16 ", 6- drawer $440 Implant machine, W &H, Implant Med, model no. not $3,400 available Implant machine, C- Sailor, model no. not available $2,600 Ultrasonic scaler, Woodpecker, Model no.: DTE D7 $195 Dental Instrument carts, 2'x 2'x 19 ", metal, 2 -tier $195 Teeth bleaching light, iBrite, 70" tall $680 Intra -oral camera, Camsight, including printer, computer and $3,400 cart Desk, 42" x 32 ", glass top, with upper glass section, 42" x $120 12 ", metal base Task armchair, fabric seat and back $70 Copier, Brother, Model no.: Laser Fax Intellifax 2840 $120 Desk tiler, with cover $60 Mini- refrigerator, Frigidaire, over /under $150 Microwave, Samsung $30 Table, 44" dlameter, laminate $90 2 of 4 251 -23 74 75 76 77 78 79 so 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 4 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 1 1 EXHIBIT "3" AI<BAR HEIDARINIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP MOVABLE EQUIPMENT Dining chairs, fabric seats, metal backs $190 Storage cabinet, 3'x 43" x 18 ", 2 -door, locking $75 Coffee maker, Mr. Coffee, 12 -cup $20 Storage cabinets, 35" x 6'x 2' $190 Storage cabinet, 30" x 6'x 15" $85 Dental stool, leather seat $35 Oxygen crash cart $150 Fire extinguisher, 101b. $30 Neon "open" sign, 32" x 14" $100 Modem, manufacturer and model no. not available $20 Wireless router, manufacturer and model no. not available $25 Computer, Dell, Model no.: Vostro 220, including keyboard, $185 mouse and monitor, 22 ", flat screen Mixer, DMG, Model: MlxstareMotion $1,000 Digital x-ray eraser, AirTechnlques, Model no.:73800 $725 Vacuum fonner, Econo -Vac, with heat $170 Polishing lathe, Baldor, Catalog no.: 350, with splashguard $200 Dust collector/ polishing cabinet, Danville Engineering, $280 Model: Macro Cab Polishing drill, Dream -DX, with rrictor control $95 Plaster cabinet, 21" x 18 ", metal, 2 -11d $80 Paper towel dispenser, metal $20 Dental vibrator, Ray Foster, (Model: Med $35 Root canal device, NSK, Model no.: Endo -Mate DT NE -131 $880 3of4 251 -24 EXHIBIT "3" AKBAR HEIDARINIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP MOVABLE EQUIPMENT 96 1 Gotta cutter, Azdent, Model: A -Blade 97 1 Cart, 12" x 26" x 13 ", metal, 2 plastic drawers 98 1 Dental vacuum, Apollo by Midmark, Model no,: Classic Bronze A VB20S, 208/230V 99 1 Dental air compressor, Narco McKesson, Model no.: 08- 380 -a, 230CV, 20 gallon (estimate) 100 1 Panoramic X -ray unit, Belmont, Model no.: 098, Serial no.: 098- 1920208, 7ma, 13.5 sec, Including controller 102 1 X -ray unit, Belmont, Model no.: 071A, 70 KVP, 10ma, including controller 103 1 X -ray chair, metal base, swivel, vinyl seat and back 104 1 Ultrasonic clearer, Whaledent, Model no.: Bio -Sonic UC100 105 1 Autoclave /sterilizer, Tuttnauer, Model no.: 2340M, 120V, steam 106 3 Digital imaging systems, Gendex, Model: DenOptix 107 1 Lot of dental tools, including handpieces, Midwest Stylus, low speed drills and miscellaneous hand tool, including, but not limited to scrapers, mirrors, tweezers and forceps $90 $65 $700 $2,200 $4,000 $900 $450 $300 $1,400 $21,000 $30,000 TOTAL MOVABLE EQUIPMENT $95,905 4of4 251 -25 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that docurnerit. State of California County o'f-- Orange ) On March 30, 2017 before me, __Jesus Ortiz, Notary Public (Oiscrt name and title of the officer) personally Name of Signer (I Name ol'Signer (2) who proved to me on the basis of satisfactory evidence to be the persoi whose naive is re subscribed to the within instrument and acknowled ed to me tli h she /they execute([ the same in his er /their authorized capacity, and flia[ by its erltheir signaturet on the instiwnent the peisonX, or the entity upon behalf of which the persono acted, executed the instrument. I certifyunder PENALTY OP PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J<rSU$ OR71Z d ooMM. #2!41901 Netary PabAc Callfarnfa WITNESS my hand and official seal. Log ANt3ELEffi COUNTY �+ M Camm, Ex . Feb. 0 2026 _ (Seal) liaiturc ofNotary Pc c 251 -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: APPROVAL OF AGREEMENT FOR INTERIM CITY MANAGER {STRATEGIC PLAN NO. 4, RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 077 Zi111*W ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct and authorize the Mayor, City Attorney and the Clerk of the Council to execute the attached agreement appointing an Interim City Manager for the City of Santa Ana. DISCUSSION The City Charter Section 500 authorizes the City Council to appoint a City Manager. The City Manager is the chief administrative officer of the City who, under the direction of the City Council, is responsible for the proper administration of all affairs of the City. The position of City Manager is currently vacant. The City Council held a Special City Council Meeting on April 24, 2017 and Adjourned to May 1, 2017 to hold candidate interviews for the Interim City Manager position. In anticipation of a selection of a candidate at the Adjourned Special Meeting and to allow for the expedited process to contract for said services, staff has included the Employment Agreement of a former Interim City Manager for consideration. If the candidate selected is amenable to the same terms the contract may be executed as presented, otherwise a strike -out version will be provided to the City Council prior to the meeting for consideration and uploaded to the City's website, for transparency purposes. STRATEGIC PLAN ALIGNMENT Approval of this item supports Strategic Plan Goal #4 - City Financial Stability, Objective #3 (Achieve a structurally balanced budget with appropriate reserve levels), Strategy D (Establish a Committee of City staff to explore innovative revenue and cost recovery strategies (i.e. full cost recovery, receivership program, etc.). 25J -1 Page 2 Approval of Agreement for Interim City Manager May 2, 2017 FISCAL IMPACT Upon approval, funds will be available in the City Manager's Office — Salaries and Benefits Expense Accounts (account no. 01103010- 61xxx). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit A: Employment Agreement 25J -2 CITY OF SANTA ANA INTERIM CITY MANGER EMPLOYMENT AGREEMENT 1. PARTIES AND DATE. This Agreement ( "Agreement ") is made and entered into this 11th day of February, 2013 by and between the City of Santa Ana, a municipal corporation ( "City ") and Kevin O'Rourke, an individual ( "Employee "), in order to provide in writing the terms and conditions of employment for interim City Manager services. City and Employee are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Employment of Interim City Manager. City desires to employ the services of Employee as Santa Ana, and Employee desires to accept employment desire of the Parties through this Agreement to establish working conditions for Employee. 3. TERMS. 3.1 Duties. interim City Manager for the City of as interim City Manager. It is the conditions of employment and to set 3.1.1 Designated Duties. City hereby agrees to employ Employee as interim City Manager of City to perform the functions and duties in accordance with applicable state law, the City's Charter and Municipal Code, as well as the approved City job description for the position. Employee shall also perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. 3.1.2 Control and Supervision. Employee shall serve at the will and pleasure of the City Council pursuant to the terms and limitations of this Agreement, and will be under the day -to -day supervision and direction of the City Council. 3.1.3 City Council Meetings and Presence in Santa Ana. Employee shall attend all City Council meetings, unless excused or directed otherwise. Employee shall be present and working from Monday through Thursday of each week, except to the extent that City - observed holidays occur, and provided that Employee may set his own schedule provided that Employee is discharging the duties of interim City Manager. Employee's monthly compensation will not change regardless of additional or fewer days worked in a particular month due to holidays. 55394.00000 \781 6924.1 25J-3 3.1.4 Other Employ. City acknowledges that Employee is employed by PARS. However, Employee agrees that while this Agreement is in effect, Employee will take a leave of absence from PARS and Employee will focus his professional time, ability, and attention on City business during the term of this Agreement. To the extent consistent with applicable law, Employee shall not engage in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial or professional nature to any other person or organization, whether for compensation or otherwise, without the prior consent of the City Council, except that: (1) The expenditure of reasonable amounts of time not in conflict with the City's needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Agreement and shall not require prior consent. Such activities may include, but are not limited to, involvement with the League of California Cities, the International City /County Management Association, and other nonprofit associations, and the completion of the occasional outside consulting project. (2) This Agreement shall not be interpreted to prohibit Employee from making passive personal investments or conducting private business affairs if those activities do not materially interfere with the services required under this Agreement or create conflicts of interest. 3.1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee. Such materials shall not, without the prior written consent of the City Council, be used by Employee for any purposes other than the performance of his duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law. The terms of this Section 3.1.5 shall survive termination or expiration of this Agreement. 3.1.6 Rights and Obligations of Employee and City. City and Employee shall have the rights and obligations of public entities and public employers, respectively, set forth in Division 3.6 of Title 1 of the California Government Code, commencing with Section 810. 3.2 Term, Termination, Severance Pay. 3.2.1 Term. This Agreement shall become effective on February 11, 2013 and shall continue until terminated either by the City Council or by Employee ( "Initial Term "). 3.2.2 Termination. The Parties understand and agree that the employment relationship created by this Agreement is "at- will" and that the Employee shall serve at the will and pleasure of the City Council. The Employee may be terminated at any time for cause, with no advance notice. For purposes of this Agreement, a termination for cause shall be any 2 55394.00000\7816924.1 25J-4 termination for any cause set forth in California Government Code section 19572. To terminate the Employee without cause, the City Council shall provide the Employee with a 15 -day notice. Nothing in any statute, ordinance, or rule shall prevent, limit or otherwise interfere with the right of the City Council to terminate, without right of appeal or grievance, the employment of the Employee at any time, as provided herein. Accordingly, Employee agrees that this Agreement sets forth the only terms and conditions applicable to the termination of his employment, and that Employee shall not be entitled to severance under any conditions. 3.2.3 Automatic Termination. This Agreement, and Employee's employment, shall automatically terminate upon the happening of any of the following events: Agreement. Employee. Employee by City. (1) Upon mutual agreement in writing by both Parties to terminate this (2) Upon thirty (30) days notice of resignation given to City by (3) Upon fifteen (15) days notice of employment termination given to (4) Upon the death of Employee. 3.2.4 Notice for Resignation. In the event Employee voluntarily resigns his position with City, then Employee shall give City thirty (30) days notice in advance, unless the Parties otherwise agree. 3.3 Salary /CaIPERS Retiree. 3.3.1 SalaLy. City shall compensate Employee at a monthly base salary equal to Twenty Two Thousand Eighty Three Dollars ($22,083), prorated for any partial months worked. This base salary shall be payable monthly at the same time as other employees of the City are paid. 3.3.2 PERS Retiree. Employee is a CaIPERS retired annuitant. City has engaged Employee in accordance with Ca1PERS rules and regulations which permit City to appoint annuitants who have specialized skills needed to provide service for a limited duration. Employee understands that Ca1PERS retired annuitants may be employed by a Ca1PERS public agency employer, by temporary appointment to a position not to exceed 960 hours in any fiscal year for all such employers; either (1) during an emergency to prevent stoppage of public business or (2) because the retired employee has skills needed in performing the work of limited duration. 3 55394.00000`7816924.1 25J-5 3.4 No Benefits /Equipment and Reimbursements. 3.4.1 Leave and Insurance Benefits. City shall provide Employee no benefits of any kind, including but not limited to membership in the California Public Employees Retirement System (PERS), annual leave, health insurance, dental or optical insurance, life insurance, long -term disability coverage, or other insurance. 3.4.2 Telephone and Technology. City shall provide Employee with a cellular telephone and an Apple iPad device capable of receiving and sending email and accessing the Internet. City shall pay for service to these devices, which shall be returned to City upon expiration or termination of Employee's employment. Alternatively, Employee may provide his own devices at his own expense and City shall pay for service only. 3.4.3 Vehicle. City shall provide Employee with a suitable City- owned, unmarked vehicle which may be used for City business, for commuting to and from work at City and for employee's personal local travel within the Greater Orange County Region. 3.4.4. Reimbursement. Employee resides at a substantial distance from Santa Ana, in excess of 400 miles. As such, the parties anticipate hotel /residential expenses during the first 30 days while he is working for City. The parties also anticipate monthly travel expenses for travel between Northern California and Orange County. Employee's rental, hotel or other local housing expenses and his travel expenses shall be Eligible Expenses. Employee shall be reimbursed by City for up to Four Thousand Dollars ($4000) per month during the first two months that the Agreement is in effect, prorated for any partial months worked, for these Eligible Expenses. After the first two months, Employee shall be reimbursed by City for up to Two Thousand Seven Hundred Dollars ($2,700) per month., prorated for any partial months worked. Employee shall produce receipts for all requested reimbursement of Eligible Expenses. In addition, if the City arranges for travel and makes direct payment, the payment amount shall be deducted from the eligible reimbursement amount. 3.5 Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage pre -paid, addressed as follows: CITY: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 ATTN: City Clerk Employee: 4 55394.00000 \7816924.1 25J-6 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 3.6 General Provisions. 3.6.1 Entire Agreement. The text herein shall constitute the entire agreement between the Parties. 3.6.2 Severabilitv. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 3.6.3 Bonding. If applicable, the City shall bear the full cost of any fidelity or other bonds required of Employee in the performance of his duties as City Manager. 3.6.4 Modification. Any modification of this Agreement will be effective only if it is in writing and signed by both Parties. 3.6.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 3.6.6 Assignment. Neither this Agreement, nor any right, privilege or obligation of Employee hereunder shall be assigned or transferred by his without the prior written consent of the City Council. Any attempt at assignment or transfer in violation of this provision shall, at the option of the City Council, be null and void and may be considered a material breach of this Agreement. 3.6.7 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Orange County, California. 3.6.8 No Presumption of Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties, and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. 5 55394.00000 \7816924.1 25J-7 3.6.9 Attorneys' Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover such amount as the court may award as reasonable attorneys' fees and costs. 3.6. 10 Assistance of Counsel. Each Party to this Agreement warrants to the other Party that it has either had the assistance of counsel in negotiation for, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain such assistance. IN WITNESS WHEREOF, the City of Santa Ana has caused this Employment Agreement to be signed and executed on its behalf by its City Council, and duly attested by its City Clerk, and Employee has signed and executed this Employment Agreement, both in duplicate, effective on the day and year first above written. CITY OF SANTA ANA WI Miguel Pulido Mayor ATTEST: Maria Huizar City Clerk APPROVED AS TO FORM: Sonia R. Carvalho Best Best & Krieger LLP City Attorney EMPLOYEE By: Kevin O'Rourke APPROVED AS TO FORM: Robert Aaronson 55394.00000 \7816924.1 25J-8 • CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. TO SUPPORT THE WINDSOR VILLAGE NEIGHBORHOOD ASSOCIATION (STRATEGIC PLAN NO. 5,4) CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Charitable Ventures of Orange County Inc. for a one -time donation amount of $500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue -Code are eligible for in-kind funding for City Services: Mayor Pulido recommends appropriating $500 to Charitable Ventures of Orange County Inc. to support a fire alarm installation event that will be held on Saturday, May 13, 2017, in response to a donation request submitted by the Windsor Village Neighborhood Association(Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. 29A -1 Donation Agreement with Charitable Ventures of Orange County Inc. May 2, 2017 Page 2 Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $500 will be spent from Mayor Pulido's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29A -2 s; City of Santa Ana &Donation Request City Manager's Office _ M•31 20 Civic Center Playa P.o. Box 1908 Santa Ana, CA 92702 (714) 647 -5200 ,Contact m Name: Chris Schmidt Title: ':;President 'Address: 1;1117 S. Arapaho Dr. 'City, state, zip: Santa Ana, CA. 92704 Phone: 714- 724 -5466 Email: chris714oc @gmail.com Fax: iNamer ',Windsor Village Neighborhood Association (Charitable Ventures OC) Tax - Exempt Status: Is your organization a non - profit or public tax - exempt organization as 'Idefined under Section 501(c)(3) of the internal Revenue Code? Selont One: W1 Yes ❑ No i If No, you will only qualify for a credit for City - related costs for your request (i.e. permit fees, If Yes, staff time, rental rates for facilities or equipment, etc.), Costs for City services vary and If 20-8756660 G approved. credit may or may not cover full cost of requested City services. Tax ID #: ,City Services Credit Amount Requested: $ 'Date Needed; May 10, 2017.,Mayor /Counclimember: Pulido `Requ sled: Payment Amount t500100 :Event Date: May 13,2017 ,Event Time: :9 cam - 12 am ;Requested: � . Event Location: Windsor Village Neighborhood and Jackson Elementary School IAddrass. City state. Zip ';1143 S Nakoma or, Santa Ana, CA 92704 Orange County Fire Authority will be holding a free fire alarm installation event to install fire alarms In Description of the 500+ house in our neighborhood. OCFA partners with Red Cross and other groups who volunteer Event 1 Purpose: ! to participate in the event. We are requesting a donation to provide food to the volunteers. Almost two- thirds of all home fire deaths occur in homes with no working smoke alarm. By providing and 'Community Benefit: !.. installing free film alarms, we will help reduce the amount of deaths in homes. - Applicant Signature: „»pate: March 31, 2017 Mail: City Manager's Office —M-31 Email donationrequest @ santa-ana.org 20 Civic Center Plaza Pax: (714) 647- 8954 '.. P.O. Box 1988 Santa Ana, CA 92702 Oon;ittoa rr,tursat R DR May 2, 2017 YES $500 :iryr flan u, - 3ipnuiur¢. i;t£. Revised 01/05/2017 Exhibit 1 29A -3 29A -4 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on May 2, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and CHARITABLE VENTURES OF ORANGE COUNTY INC., a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "), City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist to HOLD A FREE ALARM INSTALLATION EVENT WITHIN THE WINDSOR NEIGHBORHOOD ASSOCIATION PROVIDED BY THE ORANGE COUNTY FIRE AUTHORITY AND RED CROSS SCHEDULED TO OCCUR MAY 13, 2017 ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose, The City, by recommendation of MAYOR PULIDO, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE COMMUNITY SAFETY, COMMUNITY ENGAGEMENT and SAFE LIVES. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time parnent of FIVE HUNDRED DOLLARS ($500.00) for the free alarm installation event in over 500 homes within the Windsor Neighborhood Association, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the fluids only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the fluids pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause, Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annunn. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EMBIT 2 29A -5 CITY OF SANTA ANA DONATION AwwxmENT Page 2 of 3 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Cornmrunity Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in comiection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement, 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to Ure subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the EXIIIBIT 2 29A -6 CITY OF SANTA ANA DONATION AGREFMENT Page 3 of 3 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. RECOMMENDED FOR APPROVAL Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA By: Attest.* C Gerardo Monet Acting City Manager Maria D. HLli7ar Clerk of the Council Appro wd cis to Forin: By: G34 9xi, f9fin M. Punk .Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY, INC. a 501(c)3 NON - PROFIT ORGANIZATION By: EXHIBIT z 29A -7 Signature Ted Kim Name Chief Operating Officers Title 29A -8 Me- L@JfJ1J0L"Jffi CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. TO SUPPORT THE WINDSOR VILLAGE NEIGHBORHOOD ASSOCIATION (STRATEGIC PLAN NO. 5,4) e CITY MAtJAGEF CLERK OF COUNCIL USE ONLY: I_1%i� Z141 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 an agreement with Charitable Ventures of Orange County Inc. for a one -time donation amount of $500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Tinajero recommends appropriating $500 to Charitable Ventures of Orange County Inc. to support a fire alarm installation event that will be held on Saturday, May 13, 2017, in response to a donation request submitted by the Windsor Village Neighborhood Association (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. 29B -1 Donation Agreement with Charitable Ventures of Orange County Inc. May 2, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $500 will be spent from Councilmember Tinajero's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29B -2 n f, City of � Santa Name: (Chris Schmidt ;Address: 11117 S. Arapaho Dr. State, zip: Santa Ana, CA. 92704 Email: chris714oc @gmail.com Narrw Charitable Ventures of orange County Inc. is your organization a non -profit or pun io tax- exempt organization as 501(c)(3) of the Internal Revenue Code? If No, you will only qualify for a credit for City- related casts for yourmquest (i.e, permit fees, iteff time, rental rates for facilities or equipment, etc,), Costs for City services vary and if approved, credit may or may not cover full cost of requested City services. City Manager's Office —W-31 20 Civic Center Plaza P.o, Box 1888 Santa Ana, CA 82702 (714) 647-5200 President 'iPhone; _ -'714- 724 -5466 iFax: Select One: { Yes ® No it lax o #, 120- 8756660 City Services redit t i {(tmaunt Requested: quested: rp ;Dam Needed: ! ;MayortCOUncllmemUmr, 'DiirreecttPaayymentAmount 500.00 Eventuate: 'May 13, 2017 Event Time: — lEvent Location: Windsor Village neighborhood and Jackson Elementary School 'Address, cry srara, zp 1 1143 S Nakoma Dr, Santa Ana, CA 92704 Of Benefit: Signature: Tinajero Orange County Fire Authority will be holding a free fire alarm installation event to install fire alarms in the 500+ house in our neighborhood. OCFA partners with Red Cross and other groups who volunteer to participate in the event. We are requesting a donation to provide food to the volunteers. Almost two - thirds of all home fire deaths occur in homes with no working smoke alarm. By providing and installing free fire alarms, we will help reduce the amount of deaths in homes. Mail: City Manager's Office —W31 20 Civic Center Plaza P.O, Box 1988 Santa Ana, CA 92702 March 31, 2017 X, I i�� ,.: y u.. s t.... Email: donationrequest@santa na.org Fax: (714)647 -6984 Donation Request o: - OR, . council Mee4ng Date: Ellgibliity Met: YES 1 NO Approved Amount: City Manager Signature: -. bate: EXHIBIT 1 Revised 01/0512017 r•- r•- CITY OF SAN'T'A ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. 1. PARTIES AND DATE This Donation Agreement ( "Agreement") is entered into on MAY 2, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and CHARITABLE VENTURES OF ORANGE COUNTY INC., a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING A FREE SMOIOJ+ ALARM INSTALLATION EVENT ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding, 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE SAFETY THROUGH FIRE PREVENTION. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of FIVE HUNDRED DOLLARS ($500) for an event that will be held on Saturday, May 13, 2017, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the fiords pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fluids will be used for a purpose which may cat-m a significant risk of EXHIBIT 2 r•- CITY OF, SANTA ANA DONATION AGREEMENT Page 2 of 3 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, darnages or injuries caused by the sole negligence, sole willfitl misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volumteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its 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. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by writtewagreement signed by both Parties. 3.7 Authority to Enter AgreemenC. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 2 r•- RECOMMENDED FOR APPROVAL CITY OF SANTA ANA LE Robert C. Cortez Deputy City Manager City Manager's Office 0 City Manager Attest: By: Maria. D. Huizar Clerk of the Council Approved as to Form: By: J64n M. Funk Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY INC. a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 29B -7 r•- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017 -11 TO ALLOW ANGEL PRESCHOOL TO OPERATE A CHILD CARE FACILITY FOR 45 CHILDREN AT 918 NORTH BEWLEY STREET - LAM NGUYEN, APPLICANT (STRATEGIC PLAN NO. 3,2) CI -Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017 -11 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on April 10, 2017 by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017 -11 as conditioned to allow Angel Preschool to increase the number of children allowed at the existing child care facility from 14 to 45 at 918 North Bewley Street located in the Two - Family Residential (R -2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The Lovers of the Holy Cross Sisters are proposing to address the needs and demands of the community by expanding their small 14 -child day care facility into a 45 -child large day care center. As part of the conversion to a larger facility, improvements will be made to the site. The improvements include the installation of additional parking spaces adjacent to the facility, the conversion of an existing two -car garage into a shaded play area for the children, and interior improvements to the structure to bring it to Building and Fire Code compliance. No other construction or expansion of square footage is proposed. Full -sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-1 CUP No. 2017 -11 —Angel Preschool at 918 North Bewley Street May 2, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. assan Haghani, AICP Executive Director Planning & Building Agency VF:rb vflreperls \CUP \CUP17 -11 Angel Preschool.cc Exhibit: A. Planning Commission Staff Report 31A-2 7ZEQUEST ! I R- ARIZRKIN?araflrM,I&Slici]-ZI MA411 `Cc;e *�:f�l APRIL 10, 2017 TITLE: PUBLIC HEARING — FILED BY LAM NGUYEN FOR CONDITIONAL USE PERMIT NO. 2017-11 TO ALLOW ANGEL PRESCHOOL TO OPERATE A CHILD CARE FACILITY FOR 45 CHILDREN AT 918 NORTH BEWLEY STREET (STRATEGIC PLAN NO. 3,2) Prepared by Vince Fregoso xecu , Dlrector PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED Zoning Designation • Applicant's Request • Staff Recommendation CONTINUED TO Planning Man er RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017 -11 as conditioned. Executive Summate Lam Nguyen, representing The Lovers of the Holy Cross Sisters and Angel Preschool, is requesting approval of a conditional use permit (CUP) to allow a child care facility for 45 students at an existing child care facility at 918 North Bewley Street. Staff recommends approval of the request due to the community benefits of a child care facility, the operator's history of compliance with City codes, and regulations that will require the facility to operate as a child care facility. Table 1: Project and Location Information Iferra _ Information Proect Address -- 918 North Bewley Street Nearest Intersection Bewley and Hazard Streets General Plan Designation Low Density Residential (LR) Zoning Designation Two-Family Residence (R2) Surrounding Land Uses North Residential_ East v Residential South Residential West Commercial Property Size _ 37,176 square feet 0.83 acres Existing Site Development The site contains a one - story, 3,024- square foot structure that is currently occupied by Angel Preschool. Two other buildings, both two -story apartment buildings with a total of 11- units, occupy the rear of the site. Use Permissions Child care facilities for more than 14 students are allowed with a conditional use permit in the Two - Family Residence zoning district, Zoning Code Sections Affected Uses I SAMC Section 41 -247.5 O erational Standards _ LSAIVIC Section 41 -246 through 41 -256 EXHIBIT A 31A-3 Conditional Use Permit No. 2017 -11 April 10, 2017 Page 2 Project Description The Lovers of the Holy Gross Sisters currently operate a 14- children child care facility at the subject site. In order to address the needs and demands of the community, Angel Preschool is proposing to expand the child care facility to 45 children. In conjunction with this request, improvements will be made to the site. The improvements include the installation of additional parking spaces adjacent to the facility and the conversion of an existing two -car garage into a shaded play area for the students. No other construction or expansion of square footage is proposed. Table 2: Operational Standards Standards Requikeii'I? ,SANG Provided= Parking One space per 8 students plus one space per teacher Complies Loading Zone Ones ace Complies The Angel Preschool is located within a residential structure that was constructed prior to 1969. The building was used for residential purposes until 2002, when The Lovers of the Holy Cross Sisters opened a preschool in the building. In 1972, a previous property owner received approval to relocate the existing apartment buildings to the rear of the site. These buildings are currently being used as apartments by the Sisters that operate the Angel Preschool facility. Project Analvsjs Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the proposed project will not adversely impact the community, if these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. For over 10 years, The Lovers of the Holy Cross Sisters have been operating the Angel Preschool at this location, providing early education opportunities to children ranging in age from 2.5 years. Due to the success of their program, the Sisters are proposing to expand their program and serve an additional 31 children, bringing the maximum number of children served at the preschool to 45. This will allow the Sisters to provide early and important educational services to more children, thereby providing a greater benefit to the community. 31A-4 Conditional Use Permit No. 2017 -11 April 10, 2017 Page 3 Staff has reviewed the applicant's request to expand the existing child care facility and is supportive of the request. To avoid potential adverse impacts associated with the child care facility use, a number of conditions are proposed to be attached to the conditional use permit. It is not anticipated that the expanded child care facility, in conjunction with the proposed conditions, will adversely affect the surrounding residential or commercial community. Parking for the child care and residential uses meets code, with 27 parking spaces required and 28 provided. In addition, upgrades will be made to the site, including the addition of new paved areas for parking, an enlarged outdoor play area, and interior modifications to meet Building and Fire codes. The expanded child care facility will provide a long -term social benefit to the community as the facility will increase the educational competence of children in the immediate area and will provide a supportive learning environment for preschool aged children. These services will serve to increase the safety and general welfare of children in the area. Additionally, no adverse impacts are anticipated as a result of the project's approval. The facility will continue to operate in compliance with all applicable regulations and conditions imposed on a child care facility pursuant to Chapter 41 of the SAMC. Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, including Goal 1 of the Land Use Element to promote a balance of land uses to address basic community needs and Goal 3 to preserve and improve the character and integrity of neighborhoods. Table 4: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment; and Public Notification & Community Outreach CEQA CEQA T e_ Categorical Exemption - Section 15332 Reason(s) This Class 32 exemption allows infill development that is consistent with the Exempt or Analysis zoning and general plan designations, is on a site less than 5 acres in size, will not have any effects on the environment and is adequately served by existing utilities. Categorical Exemption Environmental Review No. 2016 -95 will be filed for this project. Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal No.3 (Economic Policy(s) Development) Objective No. 2 of creating new opportunities for business /jab growth and encourage private development through new General Plan and Zoning Ordinance policies. Public Notification & Community Outreach _ _ Required Measures �— A public noticed was posted on the project site on March 31, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on March 31, 2017. _ Newspaper posting was published in the Orange County Reporter on March 31, 2017. 31A-5 Conditional Use Permit No. 2017 -11 April 10, 2017 Page 4 Public Notification & Community Outreach The Santa Ana Triangle Neighborhood Association was contacted by phone on Additional Measures March 22, 2017 to identify any areas of concern due to the proposed ABC license upgrade. At the time this report was printed, no issues of concern were raised re ardinq thi12plication. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017 -11 as conditioned. Vince Fregoso, A O Principal Planne AP -jm vflreponMCUP1CUp17 -11 Angel Presohool.041017pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 -- Site Photo Exhibit 4 — Site /Floor Plan Exhibit 5 — Floor Plan Detail 31A-6 SEVENIEENTH ST sp-2 C2 SP-2 t SP -2 ji sp SP-2 it i iL------- it it At tt Mi , RI 81 i2 R2 R2 I 2 At At P-2 1 32 SF- i R2 R2 nl 2 a 0 ZARD I E 0 RI At A' O 2 sp- A2- R2 At 14-PRD SP2 5 isp 12 A =1 I t"FL Jzz It u-pw i"F ,A, I 11 R2 -' R2 f -zz z A 01 SP -2 Q .c2o sp W sil I P., IF it At 3a"LAC9CJLRJR4Lt CA COMMGUALRUSDDMAL At SNGLErMI-YRISOFIVAL .8 FARKINGNIODIRWON an ouVGNmINttHJIHi W. TWFAMILYPiqUENCE DUO C0MM8T0ALWVrH MAIN ml UGHMINDUSMAL Po mwnFL umsTYMUL:nR cl COMMUNITYMMMUCAL M2 HRWINDUSIRAL rAM I Ly Fa DM CE Cl-MD COMM. MMMMAUMUSWM 116M mo MILITAVOPTAMONG FA SUBUREANAMRFMI cz GENIERALOOMM50AL 0 OtAll SFACE RE FESDENIIALMIE CA CFNTMLBJSNE p PROFFESONAL so 9MMCDIF a0FMFNT ZDA (ANTRAL BUSNMARI AM RANNW ()ZMMUNIW DMOFMIEW 3r HI DI AANNM910MNGC94TM PRI) PLANNED RE30MllALWa0FMbNT 0 ARfERALCOMMMAL CUP 2017-11 ANGEL PRESCHOOL EXPANSION 918 NORTH BEWLEY STREET 900 FEFT V=1000 Fm P L A N N I N G A N D 0 U I L 0 1 N G A G E N 0 Y EXHIBIT I VICINITY MAP 31A-7 CUP2017 -11 ANGEL PRESCHOOL EXPANSION 918 NORTH BEWLEY STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 ..d MULTI - W ¢ z FA ILY W " � l") W SINGLE- FAMILY REST ENCE !z vi COMMERCIAL M U LT I -FA M I LY RESIDENCE MULTI- FAMILY R E 5 1 D E N CE W 77TH AVENUE x J SINGLE -FA I L Y C7 UL I- SIN LE F RESIDEN E u SINGLF-FAM LY F MI Y CE fiESID NC- RE-1DE CE S N > LL, w w w � L° COMMERCIAL C7 '^ m V- MULTI - FAMILY RESIDENCE SINGLE -FAMI Y RE IDENCE HAZARD AVENUE r w % LLI u 0 Vt LL W J ry LQ W m O t7 W W l7W Q K S Z � yr z � LL w CUP2017 -11 ANGEL PRESCHOOL EXPANSION 918 NORTH BEWLEY STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 ..d W ¢ z W W " � l") W !z vi MULTI- FAMILY RESIDENCE W x C7 SIN LE F MILY u RESI E CE CUP2017 -11 ANGEL PRESCHOOL EXPANSION 918 NORTH BEWLEY STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 ..d W ¢ z W W W � l") W !z vi CUP2017 -11 ANGEL PRESCHOOL EXPANSION 918 NORTH BEWLEY STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 n Sy�'�" •rw sy,- o , � { „€-1 c -.., v'r_ li ',� i 1 vfi� .- c 4 - 'T , 1 a ?rN�����'*,y"�,eii _,gi ✓'�� s '� 't°� �' ..� f�ir4ri^«tn . ff x. � � 1 .M v? fill'. i t]k S1i Y9104i 1i ;3143 Ty {(.LPD9R FYl4 +i }v Ea36 iA %$1S9J i8A ¢ff 1439E }p9t3 tl A� 3>T s.9Yi &S9'i SgUi �Y »�a�•A�r'� iv'" s n�t+ �'�. `yvP-"si f}, ar."w F.- #r��.Y"�.4'z4' --, 42a4'�'�"'a .s€�'.rs"•.� =-5 *'mot c- v`'f?".a p'iix�Tx°"f *@`�''v'� -: ���3�5 ✓�x4q Y , .�l>:��`%,Ilf�� / /�f/�`����� � FW e' 4 7 C { ) F, §/ ( 2 @ {e, / \!« /d(\| »d4! I- « � \ _ ] ; \.; §�� ; EX$IA% � 4 am I-V IL rr 0 CO CO IIVM,z MOVOW 7 Ow a rr 90F. n o- As wounvio i LU Ln z z O (Y) . ........ ..... C\j w eff Lu ZD N3 < F-V- cc 0 9 Cl) co LU LLJ EXHIBIT 5 31A-1 1 LS 4.10.17 RESOLUTION NO. 2017 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017 -11, AS CONDITIONED, TO ALLOW ANGEL PRESCHOOL TO EXPAND AN EXISTING CHILD CARE FACILITY TO 45 STUDENTS AT THE PROPERTY LOCATED AT 918 NORTH BEWLEY STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2017 -11 to allow the Angel Preschool to convert an existing small child care facility to a large child care facility and expand the number of children allowed at the child care facility from 14 to 45 for the property located at 918 North Bewley Street. B. Santa Ana Municipal Code Section 41 -247.5 (a) requires approval of a conditional use permit for child care facilities caring for more than 14 children. C. On April 10, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017 -11. D, The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41- 638, have been established for Conditional Use Permit No. 2017 -11, as conditioned, to allow a child care facility caring for more than 14 children: 1. That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. The Angel Preschool child care facility will continue to provide a service to the area by providing the resources children need to increase their educational competence. The expanded facility will provide additional space and amenities to serve more children, thereby benefitting the entire neighborhood. Resolution No. 2017 -13 Page 1 of 6 31A -12 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The child care facility will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity but will instead provide a supportive learning environment for children ages 2 to 5. The expansion of the existing facility will thus increase the safety and welfare of children in the surrounding community. Additionally, the proposed conditions of approval will ensure that the use will not create any new negative or adverse impacts. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project will not affect the present economic stability or future economic development of properties surrounding the area. The improvements to be made to the site will identify the area as one ready for continued investment, thus enhancing the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed expansion of the existing child care facility will be in compliance with all applicable regulations and standards found in Chapter 41 of the Santa Ana Municipal Code regarding child care facilities. Conditions of approval will ensure the project remains in compliance with all applicable codes and regulations for a child care use and ensure the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 1.8 encourages the development of nonprofit services, Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity, and Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. Resolution No. 2017 -13 Page 2 of 6 31A -13 E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development that is consistent with the zoning and general plan designations, is on a site less than 5 acres in size, will not have any effects on the environment and is adequately served by existing utilities. Categorical Exemption Environmental Review No. 2016 -95 will be filed for this project. Section 2. 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 sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017 -11 for the project located at 918 North Bewley Street, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated April 10, 2017, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of April, 2017. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS -LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Lynnette Verino Chairperson 31A -14 Resolution No. 2017 -13 Page 3 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 10, 2017. Date: Commission Secretary City of Santa Ana 31A-15 Resolution No. 2017 -13 Page 4 of 6 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2017 -11 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2016 -34. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 4. There shall be a maximum of 45 children permitted at any given time for the child care facility. Any increase in the number of children will require further review of the conditional use permit. 5. Hours of operation for the facility shall be limited to 7:00 a.m. to 7:00 p.m. 6. Landscaping shall be maintained in compliance with the submitted plan including all parkways and street trees. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. 7. Prior to submittal into Building plan check, revise the plans to address the following: a. Depict and note the location of the trash enclosure and bin(s) for the proposed project to ensure it is adjacent to the preschool use. b. Depict the safe and efficient access of trash vehicles to trash receptacles and recycling bins inside the property. Resolution No. 2017 -13 Page 5 of 6 31A -16 c. Depict and note a vehicular turnaround area prior to the existing entrance gate at the northern driveway or add a note that states "The proposed six foot high fence and gate will remain open during the business hours of Angel Preschool." Add a note to the western drive approach that states "Remove existing driveway approach, curb and gutter and replace with the construction of new curb, gutter, parkway and sod." Resolution No. 2017 -13 Page 6 of 6 31A -17 31A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017 -12 TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT THE PIZZA PRESS RESTAURANT LOCATED AT 117 WEST FOURTH STREET, UNIT 101 — KEVIN HUFFORD, APPLICANT {STRATEGIC PLAN NO. 3, 2, 4) �'CITY�MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017 -12. PLANNING COMMISSION ACTION At its regular meeting on April 10, 2017, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017 -12 which approved the sale of alcoholic beverages for on- premise consumption at the Pizza Press Restaurant at 117 West Fourth Street, Unit 101 located in the Transit Zoning Code - Downtown /Specific Development (SD -84) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Kevin Hufford, representing The Pizza Press, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an eating establishment currently going through tenant improvements at 117 West Fourth Street, Unit 101. The Pizza Press restaurant is currently undergoing tenant improvements to combine two suites into one in order to construct a new restaurant with a full kitchen and seating areas with a total of 2,520 square feet. Alcoholic beverages will be stored and placed on display in a walk -in refrigerator and at a beer station that is located behind the customer counter and cashier's station, for a total of 125 square feet, which is less than five percent of the gross floor area of the restaurant and is consistent with the requirements of the SAMC. The restaurant is proposing to provide seating for 43 patrons. Hour of operation will be 11:00 a.m. to 12:00 a.m. daily. No modifications to the exterior of the historic building other than signage are proposed at this time. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31 B -1 Conditional Use Permit No. 2017 -12 — Pizza Press Restaurant at 117 West Fourth Street, Unit 101 May 2, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Haghani, A CP Executive Director Planning & Building Agency 10: rb to \Planning Commission \117W4thUnit101 \117W4thTheP!z aPress,cc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE. APRIL 10, 2017 TITLE: PUBLIC HEARING — FILED BY KEVIN HUFFORD FOR CONDITIONAL USE PERMIT NO, 2017.12 TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT THE PIZZA PRESS RESTAURANT LOCATED AT 117 WEST FOURTH STREET, UNIT 101 (STRATEGIC PLAN NO. 3, 21 Prepared by Ivan Orozoo xecu ive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED Zoning Designation • Applicant's Request • Staff Recommendation CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017 -12, Executive Summary Planning Man ger Kevin Hufford, representing The Pizza Press, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an eating establishment currently going through tenant improvements at 117 West Fourth Street, Unit 101. Staff is recommending approval of the request because the site meets all Santa Ana Municipal Code requirements to be considered an eating establishment and because the site is located away from any sensitive land uses. Table 1: Project and Location Information -Item .' Information Project Address 117 West Fourth Street, Unit 101 Nearest Intersection _ Fourth Street and Sycamore Street _ General flan Designation District Center (DC) Zoning Designation Transit Zoning Code (SD- 84)1Downtown (DT) Surrounding Land Uses North Commercial East Commercial South Commercial West Commercial Property Size 6,637 s , ft, 0.15 Acres Existing Site Development Multi -story historic commercial structure (Rankin Department Store' Building) with retail and office uses. Use Permissions Restaurant use is allowed by right, alcohol sales are allowed with approval of a conditional use permit CUP Zoning Code Sections Affected Uses Section 41 -2007 & 41 -366 SAMC O erational Standards Section 41 -196 g) SAMC _ EXHIBIT A 31 B -3 Conditional Use Permit No, 2017 -12 April 10, 2017 Page 2 Proiect Description The Pizza Press restaurant is currently undergoing tenant improvements to combine two suites into one in order to construct a new restaurant with a full kitchen and seating areas with a total of 2,520 square feet. Alcoholic beverages will be stored and placed on display in a walk -in refrigerator and at a beer station that is located behind the customer counter and cashier's station, for a total of 125 square feet, which is less than five percent of the gross floor area of the restaurant and is consistent with the requirements of the SAMC. The restaurant is proposing to provide seating for 43 patrons. No modifications to the exterior of the historic building other than signage are proposed at this time, r M . r, Stanlair* Repuire h;B SAM_ G Pto.YiiiO4 Satin Establishment Type Bona -Fide Bona -Fide _ Hours of Operation 7:00 am to 12:00 am 11:00 am to 12 :00 am Window dis la 25% of Window Cavern e Nane proposed Live Entertainment Entertainment Permit No Entertainment Proposed Alcohol §torn e and Dis la 5% of G.F.A. 0.1 % of G,F,A. Exterior Tel e,hone Prohibited _ None e R.' # 0 FETMEMaTne ,.MIEN The subject site is located within the Rankin. Department Store building, which is currently registered and categorized as a Historic Landmark in the Santa Ana Register of Historic Properties, The Pizza Press restaurant proposes to operate within two suites that previously contained a banking /financial institution and a medical office. The building was originally constructed in 1917 and was used by the Rankin Dry Goods company. Shortly after, the structure suffered major damages from the 1933 Long Beach earthquake. Permits were issued to repair those damages and through the years, additional permits were issued to ensure that the building offered amenities such as a new elevator in 1950, bringing in significant tenants to the building. BBVA Bancomer USA and 4t" Street Optometry operated in units 101 and 102, respectively, from the late 2000's until recently. The Pizza Press submitted for occupancy in January of 2017 and shortly after submitted plans to the Planning and Building Agency to combine the two separate units. The Pizza Press is a franchise restaurant currently operating in California with nine locations and will be opening an additional 15 locations in other states such as; Nevada, North Carolina, and Texas. The restaurant offers customers the ability to order personal signature pizzas or a unique pizza of their choice. Several of the locations already offer beer and wine as part of the services with the majority of the locations offering craft beers unique to the area. The proposed location at the Rankin Building will be the first in Santa Ana. 31 B -4 Conditional Use Permit No. 2017 -12 April 10, 2017 Page 3 Proiect Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, and to minimize impacts to surrounding areas. Staff has reviewed the applicant's request to allow an on -sale license at this location. Since the proposed alcohol license is intended to provide an added amenity to the restaurant, and because the sale of alcoholic beverages will be ancillary to the primary use as an eating establishment, staff recommends approval of the proposed CUP. The proposed use will not be detrimental to the health; safety, and welfare of the community. The Pizza Press is a restaurant business with established procedures and operators in California and soon in other states. The existing eating establishment and proposed alcoholic beverage service will enhance the economic viability of the restaurant and new eating opportunities for visitors and residents in the community. The proposed CUP will be in compliance with all other regulations, including alcohol storage and display area set forth in Section 41- 196(c) of the SAMC, Further, the site will be in compliance with all the operational standards set forth in Section 41- 196(g) of the SAMC, which govern the on- premises sale of alcoholic beverages (Exhibit 6). Additionally, the site is located away from sensitive land uses, ensuring that it will not be detrimental to any residential uses in the vicinity. Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses. The Pizza Press proposes to provide an additional amenity as part of the restaurant operations, to serve guests and residents of the City, similar to the restaurants in the immediate vicinity. Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 165; ranked 1 out of 102 Police Reporting Grids (1'h percentile) Threshold for High This reporting district is above the 20 percent threshold established by the State for Crime high crime. 31 B -5 Conditional Use Permit No. 2017 -12 April 10, 2017 Page 4 Police Department Analysis and Criteria for Recommendation Police Department The Police Department contends that the operational standards applicable to on- Recommendation premise ABC licenses will mitigate any potential impacts to the surrounding General Rule [Section 15061 (b) (3)j community and therefore does riot oppose the granting of a CUP. For on -sale licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c) (2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes " as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. e 0 s CEQA, Strategic Plan Alignment, and Public Notification & "Communit -Outreadh CEQA CEOA Type General Rule [Section 15061 (b) (3)j — This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the Reason(s) environment; The project proposes to sale of beer and wine at a bona -fide restaurant Exempt or Analysis within an existing commercial structure. No expansion of square footage is proposed. The City has determined that the use will not create any adverse impacts such as noise, traffic, or safety concerns. Strategic Plan ° All riment Approval of this item supports the City's efforts to meet Goal No.3 (Economic Goal(s) and Development) Objective No. 2 of creating new opportunities for businessljob growth Policy(s) and encourage private development through new General Plan and Zoning Ordinance policies. Public Notiflcatlon ik Community Outreartr _ A public noticed was posted on the project site on March 30, 2017. Required Measures Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on March 30, 2017. Newspaper posting was published in the Orange County Reporter on March 30, 2D17. The Downtown Neighborhood Association president was contacted by phone 10 Additional Measures days prior to the scheduled public hearing. At the time this report was printed, no issues of concern were raised re ardin this a iication. RIUM Conditional Use Permit No. 2017 -12 April 10, 2017 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017 -12. l0:jm to \Planning Commission\ 117W4thUnleigl \117W4thThePluaPress.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 B -7 SE avnEENnN " CT CI C5 _ 3 R] D11 11011 AR. P 3 Lam... --.-1 HIM P _ - P `� y0s5 9U.59 sr �rxsr UN2 UN 1 7 nT UNi AT GENERAL AGRICULTURAU DI DOWMOWN RE TWO FAMILY RESIDENCE .5 PARKING MOOINCATION -F FLOORAREARADO RE MULUPLEPAMILY RESIDENCE C -SM COMMERCIAL SOUTH MAIN GC GO4ERNMEFII CENTER RA 51 BURBAN APARTMENTS C,I COMMUNITY COMMERCIAL MI LIGHTINOUSTRIAL RE RESIOEMIAL ESTATE C 6MO COMM: COMMEROALIMU5EUM DISTRICT M3 HEAVY INDUS I RIAL 50 SPECIFIC DEVELOPMENT C2 GENERAL COMMERCIAL 0 OPENIRACE SP SPMSHC PLAN CA PLANNED SHOPPINGCT:MER P PROFESSION& TV TRANSITVILLAGF. C5 ARTERIALCOMMEPCIAL VPn PLANNED RE51OUITIALDEVELOPMENT UC URBAN CENTER CDR CORRIDOR RI SIMILE -FAMILY RESILIENCE UN-1 URBAN NEICNEORHCCDI CR COMMERCIAL THROW RAL UN-2 URBAN PIRCHRORHOOEI2 CUP 2017- 12 -RST t�! THE PIZZA PRESS -. 117 WEST FOURTH STREET, UNIT 101 -500 FEE7 , ^ =7owF&r P I. A N N I N G A N D B U L LD 1_ N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 B -8 COURTHOUSE Ej SANTA ANA BOULEVARD COMMERCIAL PARKING GARAGE 5TH COMM. >- GOVERNMENT -K -ttt 0 IC M. 1= m w w a ¢ u ¢ u w w w h 0 0 V U w 0 U r V) I COMMERCIAL I I COMMERCIAL I STREET IAL 4TH STREET C 0 M ERCIAL 0 IAL OMME 1 Z z PARKING n ¢ fAL GARAGE Ov 3RD r nSTREET CUP 2017 -12 -RSA' THE PIZZA PRESS 117 WEST FOURTH STREET, UNIT 101 s-4" P L A N N I N G A N D B U I L D I N G A G E N C ,Y LAND USE MAP EXHIBIT 2 31 B -9 CU P- 2017- 12 -RST THE PIZZA PRESS ABC 117 WEST FOURTH STREET, UNIT 101 li EXHIBIT 4 31 B -11 -Z7 Nil C), F3 I-j El u n 1t 1 f - Yw ( 'Ok z �z 11 NUMM-1 31 B -12 LS 4.10.17 RESOLUTION NO. 2017 -14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017 -12 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT THE PIZZA PRESS RESTAURANT LOCATED AT 117 WEST FOURTH STREET, UNIT 101 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2017 -12 to allow an on- premise Alcoholic Beverage Control (ABC) license for the property located at 117 West Fourth Street, Unit 101. B. Santa Ana Municipal Code Section 41 -2007 (Table 2A) requires a conditional use permit for the sale of alcoholic beverages in the Transit Zoning Code /Specific Development No. 84 for on -site consumption of alcoholic beverages ancillary to the primary restaurant use. C. On April 10, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017 -12. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2017 -12 to allow for the on- premise ABC license: 1. That the proposed use provides a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed sale of alcoholic beverages for on- premise consumption will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will address any potential Resolution No. 2017 -14 Page 1 of 5 31 B -13 impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use under the circumstances of the particular case not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on- premise consumption at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use ensuring that The Pizza Press operates as a bona -fide restaurant. The site is located away from sensitive land uses, ensuring the health and safety of the persons residing or working in the vicinity. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. All health codes and regulations will be followed, in addition to employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that the alcohol sales are handled in a responsible manner. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed sale of alcoholic beverages will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Conversely, the sale of alcoholic beverages for on- premise consumption will enhance the economic viability of the area and create a more attractive eating opportunity for visitors and residents in the community. Moreover, the offering of alcoholic beverages will allow The Pizza Press Restaurant, a fast casual dining establishment, to remain economically viable and contributes to the overall success of the Downtown. By bringing in a new use, the historic Rankin Building will continue to offer a variety of services to the public as it has since 1917. 4. That the proposed use complies with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operation standards found in Chapter 41 of the Santa Ana Municipal Code, including Resolution No. 2017 -14 Page 2 of 5 31B-14 alcohol storage and display area set forth in Section 41- 196(g). Operation standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. The facility will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five (5) percent of the gross floor area for the display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. 5. That the proposed use not adversely affects the General Plan or any specific plan of the City. The proposed sale of alcoholic beverages will not adversely affect the General Plan. Restaurants that offer food and alcoholic beverages are permitted within the District Center (DC) General Plan land use designation. The project is consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which promotes land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses. Furthermore, the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for goods and services. The granting of this application is also consistent with Policy 5.5 of the Land Use Element of the General Plan, which encourages projects that are compatible with and supporting of surrounding land uses. The Pizza Press Restaurant is located in a commercial area and its operations will be compatible with the surrounding commercial businesses in the Downtown. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on- premise sale of beer and wine at a full- service restaurant within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. Categorical Exemption Environmental Review No. 2017 -17 will be filed for this project. Resolution No. 2017 -14 Page 3 of 5 31 B -15 Section 2. 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 sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017 -12. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated April 10, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10t' day of April, 2017 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS -LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Lynnette Verino Chairperson 31 B -16 Resolution No. 2017 -14 Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No, 2017 -14 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 10, 2017. Date: Commission Secretary City of Santa Ana 31 B -17 Resolution No. 2017 -14 Page 5 of 5 31 B -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017 -13 TO UPGRADE AN EXISTING ON- PREMISE ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE GREEN PARROT VILLA LOCATED AT 2035 NORTH MAIN STREET - AARON MONTOYA, APPLICANT {STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _••:• _E ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017 -13. PLANNING COMMISSION ACTION At its regular meeting on April 10, 2017, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017 -13 which approved an upgrade to an existing Alcoholic Beverage Control (ABC) license to allow the sale of distilled spirits for on- premise consumption at The Green Parrott Villa at 2035 North Main Street located in the Community Commercial - Museum District (C1 -MD) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The operators of The Green Parrot Villa propose to upgrade their existing Type 41 ABC license to a Type 47 license and allow the sale of distilled spirits in addition to the beer and wine that is currently allowed to be sold. The alcoholic beverages will continue to be stored within a walk -in refrigerator and storage room within the kitchen area, as well as at a front service counter area adjacent to the reception area. The total storage and display areas will consist of less than two percent of the floor area. No other construction or expansion of square footage is proposed at this time. Full -sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 C -1 Conditional Use Permit No. 2017 -13 — The Green Parrott Villa at 2035 North Main Street May 2, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. P Hassan Ha ani, AlCP Executive Director Planning & Building Agency VF:rb vnreports \CUP \CUP17 -13 Green Parrot ABC= Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST O. PLANNING COMMISSION MEETING DATE: APRIL 10, 2017 TITLE: PUBLIC HEARING — FILED BY AARON MONTOYA FOR CONDITIONAL USE PERMIT NO. 2017 -13 TO UPGRADE AN EXISTING ON- PREMISE ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE GREEN PARROT VILLA LOCATED AT 2035 NORTH MAIN STREET (STRATEGIC PLAN NO. 3,2) Prepared by Vince Fre oso Ex utive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED Zoning Designation • Applicant's Request • Staff Recommendation CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017 -13, Executive Summary Planning Manager Aaron Montoya, representing The Green Parrot Villa, is requesting approval of a conditional use permit (CUP) to upgrade an existing Type 41 ABC license to a Type 47 license and allow the sale of distilled spirits in addition to beer and wine for on- premise consumption at an existing eating establishment at 2035 North Main Street. Staff recommends approval of the request due to the site's location away from sensitive land uses, the operator's history of compliance with City codes, and regulations that will require the facility to operate as a bona -fide eating establishment. +,. item - information Pro ect Address 2035 North Main Street Nearest Intersection Main and Twentieth Streets General Plan Designation District Center (DC) Zoning Designation Community Commercial - Museum District (C1 -MD) Surrounding Land Uses North Commercial East Residential South Commercial West Bowers Museum Property Size _ 37,944 square feet (0.87 acres ) Existing Site Development The site contains the one - story, 3,900 - square foot structure which is occupied by The Green Parrot Villa. Two other buildings, a two - story, 4,225 square foot office building and a one- story, 4,300 Square foot office building, are also located on the site. Use Permissions Restaurant use is allowed by right; alcohol sales are allowed with approval of conditional use permit CUP Zoning Code Sections Affected Uses _ SAMC Section 41- 196(a) E-0 p, Standards _ SAMC Section 41 -196 (g)___ _ EX 3111 V-3 Conditional Use Permit No. 2017 -13 April 10, 2017 Page 2 Project Description The applicant proposes to upgrade an existing ABC license and allow the sale of distilled spirits in addition to the beer and wine that is currently allowed to be sold at The Green Parrot Villa. The alcoholic beverages will continue to be stored within a walk -in refrigerator and storage room within the kitchen area, as well as at a front service counter area adjacent to the reception area. The total storage and display areas will consist of less than two percent of the floor area. No other construction or expansion of square footage is proposed at this time. Table 2 :Ooerationat Standards Standards Re wired by SAMC Provjded Eatin EstablishmentT e Bona -Fide Complies Hours of Operation for ABC Sales 11.00 am to 12:00 am Alcoholic beverage sales will comply with the City's regulations that limit sales from 8:00 a.m. to 12;00 a.m. Window Display ,-_(midnight) 25 % of Window Coverage Complies Live Entertainment Entertainment Permit No Entertainment Pro osed Alcohol Storage and Disp ay $%o of G.F.A,__ Exterior Telephone Prohibited None Project Background The Green Parrot Villa is located within a commercial building that was constructed in 1959. Since its opening, the building has contained a variety of retail, commercial, office and art gallery uses. In 1998, Conditional Use Permit No. 1998 -05 was approved to allow a Type 41 ABC license at the Palm Court Cafe, The Cafe became The Green Parrot Villa in 2008 when the applicant purchased the restaurant. Similar to other restaurant facilities in the City, The Green Parrot Villa is proposing to sell distilled spirits in addition to beer and wine through a Type 47 Alcoholic Beverage Control (ABC) license as an ancillary component to its food sales. The restaurant will continue to provide occupancy for approximately 158 patrons. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. 31 C -4 Conditional Use Permit No. 2017 -13 April 10, 2017 Page 3 The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, and to minimize impacts to surrounding areas. Staff has reviewed the applicant's request to upgrade the existing on -sale ABC license. Since the proposed ABC license is intended to provide an added amenity to the facility and the sale of alcoholic beverages will be ancillary to the primary uses on site, staff recommends approval of the proposed CUP. The proposed sale of alcoholic beverages for on- premise consumption will not be detrimental to the health, safety, and welfare of the community. The Green Parrot Villa is located in a commercial district with commercial and public uses nearby. Since its opening approximately 20 years ago, the site has operated in compliance with City codes and regulations and has established itself as a business that provides a unique dining experience to the community, to the museum district, and to visitors of the City. The eating establishment with full alcoholic beverage service will enhance the economic viability of the area and create a more attractive dining opportunity for visitors and residents in the community. Similar to other restaurant venues in Santa Aria, The Green Parrot Villa intends to continue to offer a full- service experience with food and alcoholic beverage sales to its customers. The restaurant is located away from sensitive land uses such as schools and parks. Although residences are located directly east of the restaurant, the site has minimal impact on these properties due to their limited operating hours and a block wall that separates the restaurant from the residences. The restaurant will continue to operate in compliance with all applicable regulations and conditions imposed on a bona -fide public eating establishment pursuant to Chapter 41 of the SAMC. Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability. The Green Parrot Villa proposes to provide an additional amenity as part of the restaurant operations by serving a complete menu of alcoholic beverages to guests and residents of the City. Table 3: Police Department Analvsis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No, and Police Grid No, 163; ranked 14 out of 103 Police Reporting Grids (13' Rank percentile) _ Threshold for High This reporting district is above the 20 percent threshold established by the State Crime for high crime, The Police Department contends that the operational standards applicable to Police Department on- premise ABC licenses and the operating history of the restaurant will Recommendation mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of a CUP. 31 C -5 Conditional Use Permit No. 2017 -13 April 10, 2017 Page 4 The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23945.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts, In keeping with the standard used by the State ABC and Business and Professions Cade, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The Police Department has reviewed this application and is supportive of the ABC license upgrade. The historical lack of Police activity at the site, in conjunction with the operational standards applicable to this request, will mitigate any Police related concerns due to the ABC license upgrade. Table 4: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA,Strate is Plan Alignment, and- Publiic'Notit cation & Community Outreach CEQA CEQA Type _Categorical Exemption -Section 15301 Reason(s) This Class 1 exemption allows the licensing of existing private structures and Exempt or Analysis facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. No modification to the exterior of the building is proposed. Categorical Exemption Environmental Review No. 2017 -21 will be filed for this project, Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal No.3 (Economic Poilcy(s) Development) Objective No. 2 of creating new opportunities for businessljob growth and encourage private development through new General Plan and Zoning Ordinance policies. -- _ _ -- Public Notification &�Gommuraity iutreach � Required Measures A public noticed was posted on the project site on March 31, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on March 31, 2017. Newspaper posting was published in the Orange County Reporter on March 31, 2017. _. The Santa Ana Triangle Neighborhood Association was contacted by phone on Additional Measures March 22, 2017 to identify any areas of concern due to the proposed ABC license upgrade. At the time this report was printed, no issues of concern were raised re arding this application. �,__�, __ 31 C -6 Conditional Use Permit No. 2017 -13 April 10, 2017 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017 -11 Vince Fregoso, AICP Principal Planner VF jm AreportslCUMUPI7 -13 Green Parrot ABC.041017.pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 —Site Photo Exhibit 4 — Site /Floor Plan Exhibit 5 — Floor Plan Detail 31 C -7 p � MDI 11;11 A \l\R' Ri~• n, II I' p RI RI NI Al RI p v� ,v Rl. al m P �� P R24 az rsr Flt P: ❑ n¢ i [5 e 5P 3 SP Cl CI 1 F � SRd YPd E'A�3 n selRJi ic�Y 1 p7 1 sP s. 50.3 511-3 i y u s SP -3 R2 R2. �P RX s3 .M.`aP.3 El P R2 ;P 1 SP.] 7' SP -1 IYX R2 tlE P pi • RX,.. vxn iP -3 0��E P P ! SP -3 SP 3 54..3 5p al 'm R� fll Eff a Mi a MI «�• xL ¢ M2 Al CStl9ALACaCULTURAW CA COMMMALKSOWflAL m 9NGIPFAMWYRSDETRIAL .g PAWNGMODIRWON CC G104WI JTaNYM m T40 FAMILY RZ DENCE Cad CCMMEMALWUi MAIN Mt LUiTINDUSMAL F3 MULIIP.ED9MSTYMUCRIRP Ct COMMUNITYCOMMEROAL M7 HE*YINOUSMAL FAMRYImOHVCF_ CI-MD OOMM.0O3MM9i7AUMVMM DIMCI MO MILITAWOPEAARQNS m StIBUFWARIMRi5 C2 MWALCOMMBMAL 0 OMMCE FE RSOWALeMTE C3 CFNTFAL6USN6 p MFES90NAL ED SMRGD& 01WENT C.A CFN11YL6MNa;SAR6TNLIAGF fC0 FLANNEOCCMMUNIIYOLV30PMB4T w SWPCPAN CA PANN9]SA"N6CLN MD PANNHI R?10ENt1AL DLVE.OFM9 a AFFMALCOMMESCIAL CUP 2017-13 THE GREEN PARROTVILLA ABC LICENSE UPGRADE 2035 NORTH MAIN STREET - 500 FEET 1" -,000 FUET P L A N N I N G A N D B U_Il_D I N G A G_E N C Y EXHIBIT 1 VICINITY MAP 31 C -8 & THE GREEN PARROT VILLA ABC LICENSE UPGRADE �. 2035 NORTH MAIN STREET cw 14 ' �t C L ° P L A N N I N G A N D Q U I L D I N G A G F. R C Y LAND USE MAP EXHIBIT 2 31 C -9 o F F F I I c E OFFICE W 0 v � � w w w LL � � o � � z s �/1 -^ W W LL � LL ° s� y 6 q m 4 Y 9 w w v _ F ,L � W w LL LL Lr d y- PROJECT; � SITE _ o Ln s p z Q L w O � m W w v _ O LL J d = W LL LC Z _ Q o V < PARKING MOTEL FR RETAIL 20TH STREET RETAIL P R K I -0fi — EW OFFICE I & THE GREEN PARROT VILLA ABC LICENSE UPGRADE �. 2035 NORTH MAIN STREET cw 14 ' �t C L ° P L A N N I N G A N D Q U I L D I N G A G F. R C Y LAND USE MAP EXHIBIT 2 31 C -9 o F F F I I c E OFFICE W v � � w w w LL � � o � � w � �/1 -^ W W LL � LL y 6 m 4 Z 14 ' �t C L ° P L A N N I N G A N D Q U I L D I N G A G F. R C Y LAND USE MAP EXHIBIT 2 31 C -9 m e> -per 17 §�» : 2» w\ ©. ~ © »» � J ©~ » ©« » r«� ?:« I 0 5�426 vD,vfivviHv3 Wt - 901 M Vj VN-v V-i'q"v'-N ME ...... . . .... ,J. lllll� 15MVIN ILLUON I MQ SUVOOSW 1100 N110f NV],J 111G Ski v FFsa BIT 4 3fel i M I G. , O Itl 0 11 7'1111 103171Vd NIM9 Nvllj'�00-1� SaIVIJOSW TOD NNOF 0 ap 0 Lo ala 0 . .. . . ....... ....... i� La U= 11 E, 0 o 0-/ rn 0- CS LU EXHIBIT 5 31 C -12 LS 4.10.17 RESOLUTION NO. 2017 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017 -13 TO ALLOW AN UPGRADE OF AN EXISTING ON- PREMISE LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED AT 2035 NORTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2017 -13 to allow the upgrade of an existing Type 41 alcoholic beverage control license (beer and wine) to a Type 47 Alcoholic Beverage Control (ABC) license and also allow the on- premise sale of distilled spirits for the property located at 2035 North Main Street. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on -site or off -site consumption. C. On April 10, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017 -13. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41- 638, have been established for Conditional Use Permit No. 2017 -13 to allow an upgrade to the existing on- premise ABC license: 1. That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. The proposed upgrade of the ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a full range of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which Resolution No. 2017 -15 Page 1 of 4 31 C -13 will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed ABC license upgrade will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity as operational standards will ensure that the use will not create any new negative or adverse impacts. This will primarily be a restaurant use and the addition of alcohol will be ancillary to the main use. Further, the restaurant has been operating at this location for approximately 20 years, with minimal Police related activity generated from the restaurant in the past, and only three minor calls for service in the past 12 months. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project site is located within a multi- tenant commercial center and is suitable for the proposed use. Alcoholic beverages on the menu at The Green Parrot Villa will increase the patronage to the restaurant and number of visitors to the location, thereby enhancing the profitability of the business and economic stability of the museum district area. Thus, the ABC license upgrade for The Green Parrot Villa will enhance the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol beverage license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding on- premise alcohol licenses. The facility will be maintained as a full service bona fide eating establishment. Alcohol storage and display areas will consist of less than two (2 %) percent of the floor area which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. Resolution No. 2017 -15 Page 2 of 4 31C-14 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Green Parrot Villa's tenancy will continue to contribute to the maintenance and viability of the commercial development in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The restaurant is located in a commercial center and its expanded operations are compatible with the surrounding commercial and museum related businesses. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. No modification to the exterior of the building is proposed. Categorical Exemption Environmental Review No. 2017 -21 will be filed for this project. Section 2. 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 sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017 -13 for the project located at 2035 North Main Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Resolution No. 2017 -15 Page 3 of 4 31 C -15 Commission Action dated April 10, 2017, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of April, 2017. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS -LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 10, 2017. Date: Commission Secretary City of Santa Ana 31 C -16 Resolution No. 2017 -15 Page 4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLE IV, DIVISION 3 "EMERGENCY SERVICES" (STRATEGIC PLAN GOAL 1, 2e) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _••c• s ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve first reading of an ordinance amending Division 3 of Article IV of Chapter 2 of the Santa Ana Municipal Code regarding Emergency Services, disaster preparedness and emergency operations. DISCUSSION The Emergency Services Division (Division 3 of Article IV) was placed into the Municipal Code in 1973, with minor revisions in 1984 and 2015. The original version was developed from Cold War, civil defense concepts and procedures that were current at the time. In 1994, the State of California enacted the Standardized Emergency Management System (SEMS), a statewide emergency management system, which broadened the focus to include preparing for and responding to natural disasters. In 2004, the Federal Government enacted the National Incident Management System (NIMS), a nationwide emergency management system similar to SEMS, which further broadened the focus to include preparing for and responding to acts of terrorism in the aftermath of September 11th. SEMS and NIMS place requirements upon the City to incorporate certain required elements into our emergency plans and procedures which are not articulated in the original version of this Division. The City's eligibility to receive various state and federal emergency management and homeland security grants, as well as state or federal reimbursement for disaster response costs, is dependent on incorporating these requirements into our plans and governing structures. The Northridge Earthquake, September 11th terrorist attacks, Hurricane Katrina, and other acts of terrorism and natural disasters occurring around the country and world, have focused greater public attention and raised the expectations of the public on the ability of the City and its Emergency Services to competently and adequately manage any disasters or large -scale emergencies that may occur. 50A -1 Emergency Services Ordinance May 2, 2017 Page 2 Since the original Municipal Code Division was enacted, job titles and organizational structures within City staff have also changed, including the merger of Santa Ana Fire Department with Orange County Fire Authority and transfer of the emergency management responsibility to the Santa Ana Police Department, creating a need to update the terminology and organizational responsibilities of City government in managing emergencies. Therefore, a comprehensive update to this Division will reflect the City's current organizational approach, authorities and responsibilities in managing emergencies, consistent with current state and federal terminology, laws and practices. Specific improvements made in this revision include: • Transferring the duties of coordinating emergency preparedness, response and recovery from the former Santa Ana Fire Department to the Santa Ana Police Department. • Aligning the Emergency Organization of the City (the persons, departments and groups having emergency roles and responsibilities) with current job titles, City department organizational structures, and lines of succession. • Defining the duties of the recently- created Emergency Operations Coordinator, Emergency Operations Committee, and Emergency Operations Advisory Board. • Formally adopting the SEMS, NIMS and Operational Area emergency management systems to ensure continued eligibility for emergency management grant programs and disaster reimbursement programs. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #2 (Broaden communications, information sharing and community awareness of public safety activities), Strategy B (Update the City's Emergency Operation Center (EOC) emergency preparedness plan to include a community evacuation strategy to respond to natural disasters). FISCAL IMPACT It is an ' ipated that there will be no fiscal impact associated with this action. Carlos Rojas Chief of Police Santa Ana Police Department Exhibit: Emergency Services Ordinance 50A -2 (ROH 05/02/17) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S EMERGENCY SERVICES POLICIES AND PROCEDURES 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 Emergency Services Division (Division 3 of Article IV) was placed into the Municipal Code in 1973, with minor revisions in 1984 and 2015. The original version was developed from Cold War, civil defense concepts and procedures current at the time. B. In 1994, the State of California enacted the Standardized Emergency Management System (SEMS), a statewide emergency management system, which broadened the focus to include preparing for and responding to natural disasters. C. In 2004, the Federal Government enacted the National Incident Management System (NIMS), a nationwide emergency management system similar to SEMS, which further broadened the focus to include preparing for and responding to acts of terrorism in the aftermath of September 11th. D. SEMS and NIMS place requirements upon the City to incorporate certain required elements into our emergency plans and procedures which are not articulated in the original version of this Division. The City's eligibility to receive various state and federal emergency management and homeland security grants, as well as state or federal reimbursement for disaster response costs, is dependent on adhering to these requirements. E. The Northridge Earthquake, September 11th terrorist attacks, Hurricane Katrina, and other acts of terrorism and natural disasters occurring around the country and world, have focused greater public attention and raised the expectations of the public on the ability of the City and its Emergency Services to competently and adequately manage any disasters or large - scale emergencies that occur. Overthis time period, job titles and organizational structures within City staff have also changed, including the merger of Santa Ana Fire Department with y 1 J Orange County Fire Authority and transfer of the emergency management responsibility to the Santa Ana Police Department, creating a need to update the terminology and organizational responsibilities of City government in managing emergencies. G. Therefore, a comprehensive update to this Division will reflect the City's current organizational approach, authorities and responsibilities in managing emergencies, consistent with current state and federal terminology, laws and practices. H. The Request for Council Action for this ordinance dated May 2. 2017, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The adoption of this ordinance is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 et seq.), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), because it will not result in a direct or reasonably foreseeable physical change in the environment and is not a "project" as defined in Section 15378 of the California Code of Regulations. Section 3. Section 2 -400 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2 -400. Purposes. -TEFFSPI : -- e e MEMO e e The Durposes of this Division are to establish the Emergency Organization of the Cif of Santa Ana; to provide for co tion ordina of the emergency functions of the City with all other y 1 1 I of persons and property in the event of a large scale emergency or disaster. Section 4. Section 2 -401 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2 -401. Definitions. For the purpose of this division, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended: - z e II I WIN e a _ z9 WITH VItMftT:M(zH ' s x_• of 9 e 9 •5 . s 5 a : fl C^ 9 : :9 ^ : ♦. Op. ^: 9.9 :: a :• : : -ss •: e- 9 C C 5fl :• as a.V- polWien, fire food, storm, e; idern!G - riot;- o�earthquake -er -ether oeeditior�s; ether - than- EOnditians- resuttieg -- from- a- laber�orttr -0ver��; which sond#4ons- are -ar -ate:- l4kely 4 ond4hecontrolefthe- sorvic-es personnel; eWipme4- and- fasAit es of 4hat- pofit4sa4- subdivlslon and -- require:- the- cembined farces- of- et"elit Ga - subdiv4sians-te- sorr+bat: ' 1 Emergency or Local Emergency— Means the duly proclaimed existence of conditions Commission. Commission. Emergency Services/Emergency Operations /Emergency Management — Used interchangeably, means the preparation for and carrying out of all emergency functions Director or Director of Emergency Services — Means the individual having primary Section 5. Section 2 -402 of Chapter 2 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 2 -402. Emergency Organization. A. City Organization 'WAR AR All officers and employees of the City, together with those volunteer forces enrolled to aid them in an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of this title, charged with duties incident to the protection of persons and property in this City during such emergency, shall constitute the Emergency Organization of the City of Santa Ana. B. Disaster Service Workers Pursuant to California Government Code Sections 3100 to 3109, all public employees are declared to be Disaster Service Workers under law, and are subject to such disaster service activities as may be assigned by their superiors or by law, which may include assisting any unit of the Emergency Organization or performing any act contributing to the protection of life or property or mitigating the effects of an emergency or disaster. Private persons who register as emergency volunteers of the City are also deemed Disaster Service Workers of the City. The Santa Ana Police Department and Santa Ana Personnel Department shall develop policies and procedures for the registration, training and standards for employee and volunteer Disaster Service Workers. C. Director of Emergency Services Director, Deputy Director and Line of Succession There is hereby created the position of Director of Emergency Services, who shall have full authority over the operations and resources of the City during a proclaimed emergency, and this position shall be filled by the City Manager. There is also created the position of Deputy Director of Emergency Services, which shall be filled by the Chief of Police. In the absence or the inability to act of the City Manager, he /she shall automatically be succeeded as Director of Emergency Services by the following officials in the order named: 1. Deputy Director of Emergency Services /Chief of Police 2. Deputy City Manager 3. Director of Public Works 4. Director of Finance and Management Services 5. Director of Planning and Building Additionally, the City Manager may designate a specific official to act as Director of Emergency Services based upon the circumstances of a specific emergency event. An official designated as Director may appoint a subordinate with command or management authority to act as Director to accommodate schedule conflicts, shift relief or other required absence. 2. Director of Emergency Services — Powers and Duties 50A -7 The Director of Emergency Services is empowered to: In accordance with the provisions of Section 2 -404A of this Division, request the City Council to proclaim the existence or threatened existence of a Local Emergency, if the City Council is in session; or to issue such proclamation if the City Council is not in session, 2. Request the Governor to proclaim a State of Emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (The County of Orange is also empowered to make this request on behalf of the county as a whole, and commonly does so), 3. Control and direct the efforts of the Emergency Organization of the City for the accomplishment of the purposes of this Division, 4. Direct cooperation between, and coordination of, the services and staff of the Emergency Organization of the City, and to resolve questions of authority and responsibility that may arise among them, 5. In the event of the proclamation of a Local Emergency as provided herein, or the proclamation of a State of Emergency by the Governor or the Director of the Governor's Office of Emergency Services, or the existence of a State of War Emergency, the Director is hereby empowered to: a. Make and issue rules, regulations, orders or directives on matters reasonably necessary to the protection of life and property as affected by such emergency; or to suspend rules, regulations, orders or directives; provided such rules and regulations or suspensions are confirmed by the City Council at the earliest practicable time, b. Requisition necessary personnel or material of any City department or agency, c. Obtain vital supplies, equipment or other such properties found lacking and needed for the protection of life and property and to obligate the City for the fair value thereof and, if required immediately, to commandeer the same for public use, Require emergency service of any City officer or employee, and to command the aid of the citizens of this community, e. Execute all of the ordinary powers and duties as City Manager, all special powers and duties conferred upon the City Manager by this Division and by the Emergency Operations Plan adopted pursuant hereto, all powers and duties conferred upon him /her by any statute, agreement or other lawful authority, and in conformity with Section y It m • 38791 of the California Government Code, to exercise complete authority over the City and to exercise all police powers vested in the City by the Constitution and general laws. 3. Deputy Director of Emergency Services — Powers and Duties The Deputy Director of Emergency Services /Chief of Police is empowered, under the supervision of the Director, to: Represent the City in all dealings with public and private agencies on matters pertaining to any emergency as defined by this Division, 2. Develop the emergency plans and manage the emergency programs of this City, 3. Appoint and oversee an Emergency Operations Coordinator in accordance with, and to further execute, the provisions of this Division, 4. Carry out any other powers or duties as may be assigned by the Director. D. City Council — Powers and Duties The Santa Ana City Council is empowered to: Enact such ordinances, resolutions or rules as may be necessary to prevent, prepare for, mitigate, respond to or recover from actual or foreseeable emergencies or disasters, 2. In accordance with the provisions of Section 2 -404A of this Division, proclaim the existence or threatened existence of a Local Emergency, if in session; or to ratify such proclamation made by the Director if not in session, 3. During a Local Emergency, pursuant to Section 415 of Article IV of the Municipal Code, City Council may enact emergency ordinances on matters reasonably necessary to the protection of life and property as affected by such emergency. City Council may review rules, regulations, orders or directives or suspensions thereof issued by the Director pursuant to Sub - Section C -2 of this Section. E. Emergency Operations Coordinator There is created the position of Emergency Operations Coordinator, which shall reside in the Santa Ana Police Department under the supervision of the Deputy Director of Emergency Services /Chief of Police or his /her designee. The Emergency Operations Coordinator shall: y 1. Coordinate all City activities related to emergency preparedness, prevention, mitigation, response and recovery; Facilitate emergency and disaster planning for the City, encompassing governmental entities and resources, commercial and industrial resources, and private or non - governmental organizations necessary to support disaster operations; Prepare and maintain the Emergency Operations Plan for the City, and facilitate with City Departments the preparation and maintenance of Standard Operating Procedures and guidelines necessary to support disaster operations; 4. Prepare and maintain City supplies and facilities that support disaster operations; 5. Develop and coordinate emergency training and exercise programs as may be required for City staff, and an emergency preparedness community education program; 6. Coordinate emergency planning and interagency coordination with other local, state and federal agencies and with private or other disaster relief organizations; and serve as the City's representative member of regional emergency planning and interagency coordination committees and planning groups; 7. Recommend to the Director of Emergency Services for referral to the City Council matters of policy related to disaster planning or preparedness; 8. Recommend to the Director of Emergency Services for referral to the Emergency Operations Advisory Board matters for consideration within the purview of their responsibilities. F. Emergency Operations Advisory Board 1. Emergency Operations Advisory Board Members The City of Santa Ana Emergency Operations Advisory Board shall be composed of: Director of Emergency Services /City Manager, who shall be Chair, Deputy Director of Emergency Services /Chief of Police, who shall be Vice Chair, 3. Executive Managers named in the Director of Emergency Services line of succession in Section C.4: 50A -10 a. Deputy City Manager, b. Director of Public Works, C. Director of Finance and Management, d. Director of Planning and Building, 4. Orange County Fire Authority Division 6 Chief, 5. City Attorney, who shall serve as legal advisor to the Emergency Operations Advisory Board, 6. City Clerk, who shall serve as Secretary to the Emergency Operations Advisory Board, Any other Department Directors or Staff requested by the Director of Emergency Services, and Emergency Operations Coordinator, to serve as staff to the Emergency Operations Advisory Board. 2. Emergency Operations Advisory Board -- Powers and Duties It shall be the responsibility of the Santa Ana Emergency Operations Advisory Board, and it is empowered to, review and recommend for adoption by the City Council emergency plans, policies and agreements, and such ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; to oversee the planning and preparedness activities of all City Departments; to oversee the training of all City staff and employees; and to oversee the training and activities of volunteer programs of the City related to disaster roles and functions. The Emergency Operations Advisory Board as a body serves in a pre - disaster planning and preparedness role and as such body may not have a direct role in disaster response or recovery activities. 3. Emergency Operations Advisory Board Meetings The Emergency Operations Advisory Board shall meet quarterly; and additionally as necessary upon the call of the Chair, or in his /her absence from the City or inability, upon call of the Vice- Chair. G. Emergency Operations Committee The Emergency Operations Committee is created as a standing and working sub- committee to the Santa Ana Emergency Operations Advisory Board. The Emergency Operations Committee is composed of the Emergency Operations Coordinator, who shall be Chair, and managers or management staff from each City Department appointed by the Department Director and who shall be able to speak on behalf of their Department. The Emergency Operations Committee will provide operational direction for implementation of 50A -11 programs and activities established by the Emergency Operations Advisory Board, develop and maintain City emergency plans and procedures, coordinate training and exercise programs for each City Department and for the City as a whole, and shall constitute a core of Emergency Operations Center staff. The Emergency Operations Committee shall meet monthly and additionally at the direction of the Emergency Operations Advisory Board or upon call of the Emergency Operations Coordinator. H. Adoption of Collaborative Systems and Standards The City of Santa Ana recognizes that a large -scale emergency or disaster may have the potential to overwhelm the commonly available resources and capabilities of the City and may require the combined response of numerous agencies, jurisdictions and levels of government. Therefore, the City participates in the Orange County Operational Area response and recovery organization as provided by California Emergency Services Act Section 8505 and is a signatory to the Orange County Operational Area Agreement. The City adopts the California Standardized Emergency Management System (SEMS) and the federal National Incident Management System (NIMS) as a basis for emergency plans and response. The framework of these systems includes use of the Incident Command System (ICS), multi- agency and interagency coordination, participation in the Master Mutual Aid Agreement and Systems of the State of California, and the Operational Area concept. The City of Santa Ana will comply with the provisions of the California Emergency Services Act, Section 5. Section 2 -403 of Chapter 2 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 2 -403. Emergency Operations Plan. The Emergency Operations Committee shall be responsible for the development and maintenance of the City of Santa Ana Emergency Operations Plan (EOP) and related annexes or manuals. The EOP shall provide for the effective mobilization of all the resources of the City, both public and private, to meet any condition constituting a local emergency, and shall provide forthe organization, duties and functions, and procedures and capabilities of the City's response to the emergency. Each City Department will supplement the EOP with those Standard Operating Procedures necessary to fulfill their role in an emergency under the EOP. The EOP shall comply with the principles of the Orange County Operational Area Agreement, the California Standardized Emergency Management System (SEMS) and the federal National Incident Management System (NIMS). The Emergency Operations Advisory Board shall be responsible to review and recommend adoption of the EOP to City Council, and to implement the requirements of the Plan once adopted. City Council shall review and adopt the Plan by resolution as a policy of the City. Once adopted, the Plan shall be mandatory upon City departments and agencies, employees and registered volunteer emergency workers and shall have the effect of law whenever an emergency has been proclaimed as provided in this Division. to 50A -12 Section 7. Section 2-404 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2-404. PIreGtGr—of- ernerjenG"ePJGes P-9 . d--"k"&RaFa4y Emergency Proclamations and Measures, OT Mir =11111 NIN I IN is =W1159-991, "EME. ZZ 11111 W, HIM94TOUM! 9M.12L, oea gg W. Wen, (dy---SuGh -othGr-related4L4ties�s-apprGpfi,t G-the--9#1se thel'-E-meW.noy-P-4an-Gf-thG-C,Ity-of-genta-A-na-, -Gatifamla' 50A -13 A. Proclamations of Local Emergency or extreme peril existing or imminently likely, so as to threaten lives anO proper[y, and by reason of its magnitude is or is likely to be bevond the control of the available services personnel. equipment and facilities of the City. B. Initial Emergenc}i Measures Council not to issue such proclamation shall be deemed conclusively to be for the direct immune from anv form of liability for all emergency measures taken pursuant to an official 12 50A -14 C. Emergency Expenditures Any expenditure made in connection with emergency activities under this Division, including mutual aid activities shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Ana. The Directorof Emergency Services during a proclaimed emergency, shall have the authority hority to approve contracts and waive normal purchasing requirements as necessary to purchases for any supplies, materials equipment or services when any such item is the people, provided there is a present, immediate and existing emergency, to the City Manager, who in turn shall provide the report to the City Council. Section 8. Section 2 -405 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2- 405. -Sawns — ergeR y- pewer-s-Continuit of Government. p +.�. e•. .e e.. .e �� •e 1 a I e^• •e e _e f2 -) --- Obtain 4tal- supptie"quipn%nt- and�ueh- ether- prgpertie&44gund- arking -af d G C e e G• ^e. G 0 G G G• e e law-for 13 50A -15 .0 " .G.• GO C .G G - 0 CG services during times of emergencies: A. City Council of the City Charter. B. Executive Manaaement Lines of succession under the applicable provisions of the Citv Charter or Municipal Code. Section 9. Section 2 -406 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2 -406, Q:Rerger4Gy-flan- Enforcement. 14 50A -16 -n-ML LqLi G MMI-MIS C• mazam F., @ • • ' a . e a @ =7. a Q. @ Q- Q .. -• @ e. •e @ @ Q @ c the-deval G. ent G Q Q 9 O @ a@ Q a G "Ca after-�P)y4he-ernargenGy GO a G` G a. Willfully obstruct, hinder or delay any member of the emergency organization this City, or to prevent, hinder or delav the defense or protection thereof, C. Wear, carry or display, without authority, any means of identification specified by the Office of EmeeE envy Services of the State of California or by the Cif of Santa Ana. iE 50A -17 Section 10. Section 2 -407 of the Santa Ana Municipal Code is hereby deleted in its entirety: D D•• . D D G. G L• D DG D D GG p, 4 a Eym a n 0 1 ='01 • Section 11. Section 2 -408 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 2 -408. V+siatiet�s-Reserved. Alo- perseia- shel {; du+= ing- an- er�aergenGy: G D. D z z z ♦ p D 9 "Mimi D. D• 'D G D G D G G D• D Section 12. 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. 16 50A -18 ADOPTED this day of 2017 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia ry Iho, City Attorney By. Ryan . Had , Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 17 50A -19 50A -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: ADOPT RESOLUTION REPEALING RESOLUTION 2005 -051, DESIGNATING THE OFFICERS OF THE CITY AUTHORIZED TO EXERCISE THE AUTHORITY OF THE CITY MANAGER IN THE ABSENCE OF THE CITY MANAGER, AND DESIGNATING SALARY AND BENEFITS FOR THE ACTING CITY MANAGER AFTER SERVICE OF MORE THAN THIRTY DAYS {STRATEGIC PLAN NO. , 4a} lid CIT ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt the proposed Resolution Repealing Resolution 2005 -051, Designating the Officers of the City Authorized to Exercise the Authority of the City Manager in the Absence of the City Manager, and Designating Salary and Benefits for the Acting City Manager After Service of More than Thirty Days. DISCUSSION In 2005, the City Council adopted Resolution 2005 -051 identifying those City officers authorized to act as the City Manager in the absence of the City Manager. Since 2005, the City changed several titles of executive employees and titles for those officers and employees identified in the 2005 resolution no longer exist. For example, the City does no longer has a Fire Chief or a Deputy City Manager for Development Services. Under the City's existing employment regulations and practices the City provides additional compensation and benefits to those employees who agree to serve in a higher level classification in an "acting" capacity. However, current regulations do not provide for an Acting City Manager serving without a contract. The proposed Resolution identifies those City officers and executives who are authorized to serve as the Acting City Manager in the absence of a designation by the current City Manager or the City Council. Santa Ana City Charter provides that the City Manager may designate a person to act in his or her position for a temporary period and the City Council has the authority to appoint an Acting City Manager. The succession identified in the proposed Resolution will only apply when a City Manager has not made an aptpier or the City Manager has left the service of Designating the Officers Of the City Authorized to Exercise the Authority of the City Manager in the Absence of the City Manger May 2, 2017 Page 2 the City and the City Council has not appointed an Acting or Interim City Manager. The succession is proposed as follows: (1) Assistant City Manager (2) Deputy City Manager (3) Chief of Police (4) Executive Director of Finance and Management Services (5) Executive Director of Personnel Services As for compensation and benefits for an Acting City Manager, the proposed Resolution provides that any person serving for more than 30 days in an acting capacity, without a contract or specific approval by the City Manager, shall receive the pay and benefits provided to the Police Chief plus one ($1) dollar. The Acting City Manager, will not, however, receive any pay or benefits that are specific to public safety officers. The pay and benefits are specified to be retroactive to the 31st day of service. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 — Team Santa Ana, Objective #4 (Establish employee compensation that attracts and retains a highly qualified workforce), Strategy A (Ensure compensation is sufficient to attract and retain properly skilled employees and is comparable to other public agencies). FISCAL IMPACT There is no financial impact to approving the proposed Resolution. In nearly all cases, the compensation and pay for a City Manager will exceed the proposed "acting pay" identified in the Resolution. Sonia R. Carvalho City Attorney City Attorney's Office 55A -2 SRC 5/2/17 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION 2005 -051, DESIGNATING THE OFFICERS OF THE CITY AUTHORIZED TO EXERCISE THE AUTHORITY OF THE CITY MANAGER IN THE ABSENCE OF THE CITY MANAGER, AND DESIGNATING SALARY AND BENEFITS FOR THE ACTING CITY MANAGER AFTER SERVICE OF MORE THAN THIRTY DAYS 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. By Resolution 2005 -051, the City Council deputized certain City officers with the power to act as city manager under certain circumstances. B. With changes among titles of officers of the City, the City Council finds it necessary and advisable to repeal resolution 2005 -051; revise the order of delegation of powers of acting city manager; and establish the rules for compensating an acting city manager serving for more than 30 days. Section 2. Resolution 2005 -051 is hereby repealed and shall have no further force or effect. Notwithstanding the foregoing, the repeal of said resolution shall have no effect upon any action taken by any city officer pursuant thereto prior to the effective date of this resolution. Section 3. In the absence of a written designation by the City Manager who is currently employed by the City and in accordance with Section 503 of the Santa Ana City Charter or in the absence of the City Council's appointment of an Acting City Manager, the following officers of the City, in the order designated, are deputized to exercise any and all authority granted to the office of the City Manager by the charter and ordinances of the City of Santa Ana, by any resolution or agreement approved by the City Council of the City of Santa Ana, or by any other legal authority: (1) Assistant City Manager (2) Deputy City Manager (3) Chief of Police (4) Executive Director of Finance and Management Services (5) Executive Director of Personnel Services Resolution No. 2017 - 55A -3 Page 1 of 3 Each officer on the above list shall be considered senior to the officers following such officer on the above list for purposes of this resolution. For purposes of this Resolution, the term "City Manager" shall include any officer designated as "Acting City Manager" by the City Council. Section 4. Any person designated as the Acting City Manager either by the currently employed City Manager in accordance with Santa Ana City Charter Section 503 or by operation of this Resolution, and who serves for more than thirty (30) days, shall as of the 31 st day of service receive the same compensation and benefits provided to the Police Chief as set forth in the Basic Compensation and Benefit Plan for Classes of Employment Designated as Unrepresented Executive Management plus one dollar ($1.00); provided, however, that the Acting City Manager shall not receive any pay or benefits specific to law enforcement or public safety officers. The compensation and benefits provided for herein shall be retroactive to the 31st day of service. Nothing in this Resolution shall restrict the City Council's authority to enter into an agreement approved by a majority vote of the Council providing for different compensation, benefits and conditions of employment for an Acting City Manager. Section 5. The authority granted by section 3 of this Resolution shall only be exercised by the officers designated therein only in accordance with the following standards: (a) The authority shall be exercised only in the absence of the City Manager and all senior officers. (b) The authority shall be exercised only as to matters which cannot reasonably be postponed until the return of the City Manager or a senior officer or as to minor and routine matters. Section 6. No action by an officer designated in section 3 of this Resolution pursuant to the authority granted therein shall be invalid by reason of noncompliance with the standards set forth in section 4 of this resolution. However, the City Manager or a senior officer shall have the same authority to rescind such action as if such action had been taken by the City Manager or such senior officer in the first instance. Section 7. Nothing in this Resolution shall be construed to limit the existing authority of the City Manager to delegate matters for action by subordinate officers or employees or to designate subordinate officers or employees to act as his representative on any matter. Resolution No. 2017 - Page 2 of 3 55A -4 Section 8. 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 May 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney AYES Q-. Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY Date: Clerk of the Council City of Santa Ana Resolution No. 2017 - 55A -5 Page 3 of 3 'P�PM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: APPROPRIATION ADJUSTMENT, RESOLUTION AND APPLICATION FOR STATE AND FEDERAL DISASTER REIMBURSMENT FOR JANUARY 2017 STORM DAMAGE (STRATEGIC PLAN NO. 6: 1B and 1F) %G C Y_MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rpT» ri710 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing approximately $431,250 in state and federal Disaster Recovery Public Assistance funding, related to costs and damages incurred during January 2017 rainstorms and flooding, in FEMA Disaster Assistance and OES Disaster Assistance revenue accounts (nos. 12217002 -52001 and 12217002- 52025), and appropriating same to FEMA /OES Disaster Assistance expenditure accounts (nos. 12217331 - various). 2. Adopt a resolution authorizing the City Manager and Director of Public Works to act on behalf of the City of Santa Ana for the purpose of obtaining state and federal Disaster Recovery Public Assistance funding, provided by the Federal Emergency Management Agency (FEMA) and by the California Office of Emergency Services. 3. Authorize the City Manager and Director of Public Works to execute such Disaster Recovery Public Assistance funding application documents as may be required by the Federal Emergency Management Agency (FEMA) and by the California Office of Emergency Services, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Between January 18 and January 23, 2017, the City of Santa Ana, along with many other communities throughout California, experienced a period of heavy rainfall and flooding when a significant system of rainstorms passed over the state. In the course of these storms, the City suffered several instances of damages. Heavy runoff broke apart portions of a concrete storm drain channel which runs parallel to the east side of Lincoln Avenue, beginning at the intersection of Santa Clara Avenue and extending approximately 700 feet to the north. This also caused 5513-1 State and Federal Disaster Reimbursement May 2, 2017 Page 2 portions of a cinder block retaining wall along the channel to also collapse. Emergency cleanup and repairs for this damage cost an estimated $15,000 and permanent repair is estimated to cost up to $300,000. Another storm drain channel located west of Harbor Boulevard approximately 2,000 feet south of Ist Street was also damaged, with portions broken apart by heavy runoff over a 200 foot stretch between Harbor Boulevard and Newhope Street. Emergency cleanup and repairs for this damage cost an estimated $35,000 and permanent repair is estimated to cost up to $100,000. The City also experienced several trees felled by the storm on South Fairview and South Raitt Streets, which cost approximately $9,652 for street cleanup and tree replacement. This totals a little below $460,000 in estimated costs and damages for these storms. Due to extensive damage reported throughout the state from this storm system, Governor Brown proclaimed a State of Emergency and petitioned the federal government for a Disaster Declaration, which was also granted. This state Proclamation of Emergency and federal Declaration of Disaster opens up state and federal Public Assistance Disaster Recovery funding. Specifically, the federal government would reimburse 75% of our losses. The State would then share the remaining 25% with the City in a 75 -25 proportion, with the State reimbursing 18.75% and the City being responsible for the remaining 6.25 %. This would result in approximately $431,250 in reimbursement for the estimated $460,000 in losses, although the final dollar amounts will not be determined until actual repairs are finalized and pending state and federal project approvals. All repairs will be initially paid for by the City. Once all work has been completed and payment is documented, the City can apply for the reimbursement, which may take an additional estimated 6 to 12 months to receive. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #6 Community Facilities and Infrastructure, Objective #2 (Establish and maintain a Community Investment Plan for all City assets), Strategy E (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy F (Perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair and /or replacement costs in future budgets). FISCAL IMPACT The appropriation adjustment will recognize up to $431,250 (pending final repair costs and state and federal project approvals) in FEMA Disaster Assistance and OES Disaster Assistance revenue accounts (nos. 12217002 -52001 and 12217002 - 52025), and appropriating same to FEMA/OES Disaster Assistance expenditure accounts (nos. 12217331 - various). 55B -2 State and Federal Disaster Reimbursement May 2, 2017 Page 3 APPROVED AS TO FUNDS AND ACCOUNT: Carlos Rojas ° /Francisco Gutierrez, n/ Chief of Police Executive Director r! Santa Ana Police Department Finance and Management Services Agency Fred Mousavipour Executive Director, Public Works Agency Attachments: Resolution Designating City Manager and Director of Public Works as Authorized Agents 55B -3 55B -4 TB 5/2/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, AND DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE(S) TO APPLY FOR STATE AND FEDERAL DISASTER RECOVERY PUBLIC ASSISTANCE FUNDING FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CALOES), TO EXECUTE SUCH DISASTER RECOVERY PUBLIC ASSISTANCE FUNDING APPLICATION DOCUMENTS AND REQUEST REIMBURSEMENT FOR COSTS AND LOSSES INCURRED FROM JANUARY 2017 STORM DAMAGE 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. Between January 18 and January 23 2017, the City of Santa Ana, along with many other communities throughout California experienced a period of heavy rainfall and flooding from a system of rainstorms that passed over the state. B. As a result of these storms, the City of Santa Ana suffered heavy damage. Heavy runoff broke apart portions of two concrete storm drains resulting in a collapse of one channel and damage to another channel. Further, several trees fell. C. Emergency clean -up and temporary repairs for the damage suffered to the storm drain channels cost approximately $45,000 with permanent repairs estimated to cost up to $400,000. The cost associated with street clean- up for the fallen trees was $9,652. The loss from these storms totals approximately $460,000. D. Due to the extensive damage from the storm system, Governor Brown proclaimed a State of Emergency and petitioned the federal government for a Disaster Declaration which was granted. E. The state Proclamation of Emergency and Federal Declaration of Disaster opens up state and federal Public Assistance Disaster Recovery funding resulting in the federal government reimbursing the City of Santa Ana's 75% of the City's losses with the State of California reimbursing the City the remaining 18.75% and the City responsible for the remaining 6.25 %. Resolution No. 2017 -XXX 55B -5 Wage 1 of 3 The City may be reimbursed approximately $431,250 from an estimated $460,000 in losses. Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager and the Director of Public Works to act as authorized agents of the City for the purposes of applying for state and federal Disaster Recovery Public Assistance Funding provided by the FEMA and by CALOES. Section 3. The City Council of the City of Santa Ana hereby authorizes the City Manager and the Director of Public Works to execute such Disaster Recovery Public Assistance funding application documents as may be required by FEMA and CALOES, subject to non - substantive changes approved by the City Attorney. Section 4. 'The City Council of the City of Santa Ana hereby authorizes the City Manager and the Director of Public Works to seek reimbursement for the costs and losses incurred by the January 2017 storms and flooding in the City of Santa Ana. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this — day of May, 2017, Miguel A. Pulido Mayor APPROVED AS TO FORM: Sna . C arvalho City Attorney B Tainara Bogos a ' Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Resolution No. 2017 -XXX 55B -6 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -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 Resolution No. 2017 -XXX 55B -7 Page 3 of 3 55B -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: ADOPT A RESOLUTION DECLARING SUPPORT FOR GRANT APPLICATION TO OC RECYCLES FOR ORANGE COUNTY FOOD TO FAMILIES — FOOD WASTE TO ENERGY ORGANICS RECYCLING PROGRAM {STRATEGIC PLAN NO. 5,2) ITY MA NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ....o lI ❑ As Recommended ❑ As Amended ❑ Ordinance on 18` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution declaring support for the Orange County Food to Families — Food Waste to Energy Organics Recycling Program, and authorizing submittal of a grant application to OC Recycles for implementation funding. DISCUSSION On September 27, 2016, the Orange County Board of Supervisors approved to release the Fourth Cycle of the Regional Recycling and Waste Reduction Grant. This grant provides potential partners with a $3 million competitive grant opportunity to develop sustainable programs that support compliance with state - mandated waste diversion goals and promote increased regional recycling and diversion efforts. With the passage of AB 939, AB 341, AB 1594, AB 1826 and many other laws, the State continues to issue mandates and goals to divert waste from landfills. The Regional Recycling and Waste Reduction Grant is a five -year program. It provides funding for new programs or enhancements to existing programs that promote and sustain recycling and waste reduction in Orange County. Eligible applicants must be prepared to contribute funds to grant projects in years two through five. The City's funding requirement for sustainability will be achieved by the rate structure to be established for AB 1826 compliance, the State - mandated organics recycling bill. Eligible grant applicants include incorporated and unincorporated Orange County cities, special districts, and non - profit organizations. Private environmental services and solid waste management entities may partner with eligible applicants, but are not eligible to apply on their own. Eligible Projects include, but are not limited to: • Commercial and Residential Recycling Programs • Organic Commercial and Residential Recycling Programs • Composting Programs • Educational and Outreach Programs 55C -1 Resolution of Support For Orange County Food To Families Food Waste To Energy Organics Recycling Program May 2, 2017 Page 2 Any applicant that is under the direction of a governing body must submit a Resolution that authorizes specific grant - related matters and identifies an individual or individuals with authority to act on behalf of the applicant. A copy of the authorizing Resolution is a required application document that must be submitted no later than 3:00 p.m. on May 19, 2017, Waste Management, Inc., (WM) jurisdictions (Cities of Santa Ana, Irvine, Laguna Beach, Laguna Woods, Mission Viejo, and the County Unincorporated areas served by WM) desire to form a partnership with the Orange County Sanitation District and the non - profit WasteNot OC Coalition, a fiscal project of OneOC. Together, the partnership intends to apply for County grant funding to support a food recovery and food waste recycling program called the Orange County Food to Families — Food Waste to Energy Organics Diversion Program. This program is designed to recover consumable food from restaurants, grocery stores, schools, and entertainment venues throughout Orange County and deliver it to food pantries to help feed the most vulnerable individuals throughout our community. Food that cannot be consumed will then be recovered and recycled into energy through WM's Centralized Organic Recycling equipment (CORe ®) patented system, which is a proprietary process that uses food waste to create an Engineered BioSlurry (EBS) that can be used to generate renewable, green energy through co- digestion at municipal wastewater treatment plants. The City of Santa Ana will participate for that portion of the grant term during which Waste Management, Inc. serves as the City's exclusive solid waste services provider. Currently, WM's CORe® produced EBS is being used by the Sanitation Districts of Los Angeles County (LACSD) at their Joint Water Pollution Control Plant in Carson, Calfornia. This grant funding will facilitate the EBS to be collected and processed locally, (instead of transporting it to Carson) and then delivered to the Orange County Sanitation District, where it will be used to generate electricity. The proposed grant program is an innovative food recovery and food waste recycling solutions. The proposed program is designed to meet California's 2020 goal of 75% landfill diversion (AB341) and the State's organics waste recycling mandates (AB1826). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with extending the agreement. However, continued implementation of energy efficiency programs and strategies will enhance the environment by improving air quality, reducing pollution, and conserving natural resources. FISCAL IMPACT As the solid waste services agreement is amended to include AB 1826 Mandatory Organics Recycling and all State mandated requirements, rates will be established for those services that will include any City participation required by this grant. 55C -2 Resolution of Support For Orange County Food To Families Food Waste To Energy Organics Recycling Program May 2, 2017 Page 3 5!� _e� ?-- iw� Fred Mousavipour Executive Director Public Works Agency FM /MLM /CLK Exhibits: 1. Resolution 55C -3 55C -4 jmf 4/18/17 RESOLUTION NO, 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING SUPPORT FOR THE ORANGE COUNTY FOOD TO FAMILIES — FOOD TO ENERGY ORGANICS RECYLING PROGRAM WHEREAS, the California Integrated Waste Management Act of 1989 (AS 939) mandates that cities and counties reduce the amount of waste disposed in landfills by 50% or potentially incur fines of up to $10,000 per day; and WHEREAS, on April 18, 2006, the Orange County Board of Supervisors approved the AS 939 Surcharge on all self - hauled waste to support regional compliance with AS 939; and WHEREAS, Assembly Bill 341 (2011) established an increased solid waste diversion goal of 75 %; and WHEREAS, Assembly Bill 1826 (2014) requires the recycling of organic materials generated at commercial facilities; and WHEREAS, Senate Bill 1383 (2016) establishes targets to reduce landfill disposal of organics by 50% by 2020 and 75% by 2025; and WHEREAS, the County of Orange has released its Fourth Cycle Regional Recycling and Waste Reduction Grant; and WHEREAS, the grant aims to enhance regional partnerships with local cities, special districts, non - profit organizations and private entities; and WHEREAS, the grant opportunity has placed focus on commercial and residential recycling, organics recycling, composting, and education and outreach programs; and WHEREAS, the State has required local municipalities and jurisdictions to develop local markets for diverted and recycled materials; and WHEREAS, the Cities of Irvine, Laguna Beach, Laguna Woods, Mission Viejo, Santa Ana, and the County Unincorporated areas served by Waste Management, Inc. ( "Parties ") intend to partner with the Orange County Sanitation District, Waste Management, Inc., and the non - profit Waste Not OC Coalition, a fiscal project of OneOC; and WHEREAS, the City of Santa Ana has joined forces with the Parties to create the Orange County Food to Families -- Food Waste to Energy Organics Diversion Resolution No. 2017 -XXX Page 1 of 3 55C -5 Program and such Program will serve more than two million Orange County residents and thousands of local businesses; and WHEREAS, the City of Santa Ana authorizes Waste Management, Inc. to submit on the Parties' collected behalf, the Fourth Cycle Regional Recycling and Waste Reduction Grant for the Orange County Food to Families — Food Waste to Energy Organics Diversion Program; and WHEREAS, the Orange County Food to Families — Food Waste to Energy Organics Diversion Program will divert consumable food to the hungry and food insecure while recycling unconsumbable food and converting food waste into renewable energy; and WHEREAS, the Parties authorize a representative from Waste Management, Inc. and its City -lead partner to execute all grant - related documents necessary to implement and close out the grant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and correct and hereby incorporated herein by reference. Section 2. The City of Santa Ana agrees to participate in the Orange County Food to Families — Food Waste to Energy Organics Recycling Program for that portion of the grant term during which Waste Management, Inc. serves as the City's exclusive solid waste services provider. Section 3. The Orange County Food to Families — Food Waste to Energy Organics Recycling Program will serve thousands of Orange County residents and local businesses. Section 4. The City of Santa Ana approves the inclusion of the City of Santa Ana into the Orange County Food to Families — Food Waste to Energy Organics Recycling Program and authorizes the City -lead partner to serve as the Lead Applicant with the County and submit a joint application for the Fourth Cycle Regional Recycling and Waste Diversion Grant Program. Section 5. The City of Santa Ana joins with the cities of Irvine, Laguna Beach, Laguna Woods, Mission Viejo, and the County Unincorporated areas served by Waste Management, Inc., the Orange County Sanitation District, and the non - profit WasteNot OC Coalition, a fiscal project of OneOC, in partnership to feed the food insecure and create renewable energy through food waste. Resolution No. 2017 -XXX Rage 2 of 3 55C -6 jmf 4/18/17 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 2nd day of May, 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Sy � �- John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on May 2, 2017. Date: Clerk of the Council City of Santa Ana 55C -7 Resolution No. 2017 -XXX Page 3 of 3 55C -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: REVIEW AND ADOPT THE 2017 FEDERAL AND STATE LEGISLATIVE PLATFORM {STRATEGIC PLAN NOS. 1, 2, 3, 4, 5, 6, 7} Cl- MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: P_12231TICI f ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Review and adopt the 2017 Federal and State Legislative Platform. DISCUSSION The Legislative Platform is a tool to protect and promote the City's interests on priority programs and projects, legislative proposals, and regulatory matters that may impact the City. The Legislative Platform includes guiding principles and policy statements that allow City staff and legislative advocates to address legislative and regulatory issues by providing a framework that summarizes the City's position on policy issues and priorities, without precluding the consideration of additional legislative and budget issues that arise during the year. The proposed 2017 Federal and State Legislative Platform (Exhibit 1) was prepared by staff, in collaboration with the City's federal and state lobbyists, and approved by the Legislative Affairs, Ethics and Transparency Council Committee at the special meeting held on April 5, 2017. The 2017 Federal and State Legislative Platform outlines the following guiding principles that the City's legislative advocacy efforts will focus on: 1) preserving local control; 2) promoting fiscal stability; 3) supporting funding opportunities; and 4) maximizing regional collaboration and cooperation. In addition, the policy statements, City programs /projects, and legislative proposals identified within the Legislative Platform are aligned with the goals of the City's Five -Year Strategic Plan and are prioritized according to federal and state legislative priorities. The City's state and federal lobbyists, in collaboration with City staff, provided recommendations to outline the City's priorities in the 2017 Legislative Platform, which include, but are not limited to the following: Police Officer Body Cameras, Homeless Assistance, Medical Marijuana Legislation, Safe Mobility, Veterans Assistance, Immigration Reform, Parks, Library, Santa Ana Zoo, 65A -1 Review and Adopt the 2017 Federal and State Legislative Platform May 2, 2017 Page 2 Affordable Housing, Economic Development Initiatives, Enhanced Infrastructure Financing Districts, Transportation Infrastructure Funding, Preserve Tax - Exempt Municipal Bonds, Renewable Energy, Santa Ana Water Conservancy, OC Streetcar, Santa Ana Regional Transportation Center, Grade Separations, Open Data Platform, Technology, and Legislative matters. At the end of each calendar year, staff prepares a Legislative Scorecard, a yearly reporting tool that summarizes the accomplishments, progress, and results achieved, with respect to the same year's Legislative Platform. To ensure a comprehensive Scorecard, each City department uses the Legislative Platform's guiding principles to outline the completion of various projects, grant funds acquired, and /or development attained as they relate to each guiding principle. In addition, the City's state and federal lobbyists provide updates on pertinent legislation as it relates to the reporting year's Scorecard. The 2016 Legislative Scorecard summarizes these efforts for the 2016 calendar year (Exhibit 2). Recognizing the need to actively engage in legislative advocacy, the Legislative Platform helps strengthen the City's ability to articulate, influence, and monitor its position on these and other policy and priority issues. The Legislative Platform also allows the City to respond quickly in support of or in opposition to issues in a manner that is consistent with the City Council's policy positions and direction. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet all seven goals and objectives of the Five - Year Strategic Plan: Goal 1- Community Safety; Goal 2 - Youth, Education, Recreation; Goal 3 - Economic Development; Goal 4 - City Financial Stability; Goal 5 - Community Health, Livability, Engagement and Sustainability; Goal 6 - Community Facilities and Infrastructure; and Goal 7 - Team Santa Ana. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS: 1. City of Santa Ana 2017 Federal and State Legislative Platform 2. City of Santa Ana 2016 Federal and State Legislative Platform Scorecard 65A -2 Exhibit 1 CITY OF SANTA ANA FEDERAL AND STATE LEGISLATIVE PLATFORM 20 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 647-6900 1 Fax: (714) 647-6954 65A -3 0 CITY OF SANTA ANA 2017 FEDERAL AND STATE LEGISLATIVE PLATFORM SANTA ANA CITY COUNCIL Mayor Miguel Pulido Mayor Pro Tern Michele Martinez Ward 2 Councilmember Vicente Sarmiento Ward 1 Councilmember Jose Solorio Ward 3 20 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 647 -6900 1 Fax: (714) 647 -6954 65A -4 Councilmember David Benavides Ward 4 Councilmember Juan Villegas Ward 5 Councilmember Sal Tinajero Ward 6 TABLE OF CONTENTS 1111"aOns 11411110301 III GUIDINGPRINCIPLES .................................................................................................. ..............................1 GOAL 1: COMMUNITY SAFETY ..................................................................................... ..............................2 BodyCameras / COPS Funding ...................................................................................... ..............................2 ImmigrationReform ...................................................................................................... ..............................3 GOAL 2: YOUTH, EDUCATION, RECREATION ................................................................ ..............................3 Parks.............................................................................................................................. ..............................4 Library............................................................................................................................ ..............................4 SantaAna Zoo ................................................................................................................ ..............................4 GOAL 3: ECONOMIC DEVELOPMENT ........................................................................... ..............................4 AffordableHousing ........................................................................................................ ..............................4 Recycling Market Development Zone (RMDZ) .............................................................. ..............................5 Reducing Impediments to Business ............................................................................... ..............................5 Economic Development Initiatives ................................................................................ ..............................5 GoodsMovement and Mobility ..................................................................................... ..............................5 Enhanced Infrastructure Financing Districts .................................................................. ..............................5 Housing Authority /Section 8 Voucher Program ............................................................ ..............................5 Workforce Innovation and Opportunity Act .................................................................. ..............................6 U.S. Department of Housing and Urban Development — Reauthorization ................... ..............................6 GOAL 4: CITY FINANCIAL STABILITY ........................................................................... ............................... 6 Transportation Infrastructure Funding .......................................................................... ..............................6 Preserve Tax - Exempt Municipal Bonds ......................................................................... ..............................7 RenewableEnergy Grants .............................................................................................. ..............................7 65A -5 2017 LEGISLATIVE PLATFORM ReceivershipActions ...................................................................................................... ..............................7 GOAL 5: COMMUNITY HEALTH, LIVABILITY, ENGAGEMENT & SUSTAINABILITY ............ ..............................7 Water Conservation and Water Supply Reliability ........................................................ ..............................8 Health............................................................................................................................ ..............................9 Mobility.......................................................................................................................... ..............................9 ResidentialGroup Homes .............................................................................................. ..............................9 SustainableDevelopment .............................................................................................. ..............................9 Engagement................................................................................................................... ..............................9 GOAL 6: COMMUNITY FACILITIES & INFRASTRUCTURE ............................................. ............................... 10 O.C. Streetcar ................................................................................................................ .............................10 Santa Ana Regional Transportation Center .................................................................. .............................11 First /Last Mile Connections to Santa Ana Regional Transportation Center ................. .............................11 GradeSeparations ........................................................................................................ .............................11 Automated Meter Infrastructure .................................................................................. .............................12 ReplacementWater Wells ............................................................................................ .............................12 Recycled Water System Master Plan ............................................................................ .............................13 BristolStreet ................................................................................................................. .............................13 AltonParkway ............................................................................................................... .............................13 GrandAvenue ............................................................................................................... .............................14 WarnerAvenue ............................................................................................................. .............................14 FairviewBridge ............................................................................................................. .............................14 GOAL7: TEAM SANTA ANA ..................................................................................... ............................... 14 Transparency and Engagement .................................................................................... .............................15 OpenData / Public Records .......................................................................................... .............................15 Technology.................................................................................................................... .............................15 LegislativeAgenda ........................................................................................................ .............................15 20 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 647 -6900 1 Fax: (714) 647 -6954 65A -6 2017 LEGISLATIVE PLATFORM INTRODUCTION The Legislative Platform is a tool to protect and promote the City's interests on priority issues and legislative /regulatory matters that may impact the City. The Guiding Principles and Policy Statements below allow City staff and legislative advocates to address 2017 calendar year legislative and regulatory issues in a timely and directed manner, without precluding the consideration of additional legislative and budget issues that arise during the year. This Platform supplements other City Council established policies reflected in other plans and policy documents and is consistent with the goals of the City's Strategic Plan. GUIDING PRINCIPLES I. PRESERVE LOCAL CONTROL Preserve and protect the City's charter powers, duties and prerogatives to enact legislation and policy direction concerning local affairs, and oppose legislation that preempts local authority. Local agencies should preserve and enhance authority and accountability for revenues raised and services provided. II. PROMOTE FISCAL STABILITY Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve the City's revenue base and local control over local government budgeting. Oppose measures that make cities more dependent on the County, State or Federal Governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits. Oppose measures that shift local funds to the County, State or Federal Governments, without offsetting benefits. III. SUPPORT FUNDING OPPORTUNITIES Support opportunities that allow the City to compete for its fair share of regional, state and federal funding, and that maintain funding streams. Opportunities may include competitive grant and funding programs. Opportunities could also include dedicated funding streams at the regional, state and federal levels that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. IV. REGIONAL COLLABORATION AND COOPERATION Leverage the City's ability to preserve local control, promote fiscal stability, and support funding opportunities through collaboration with municipalities, local government agencies, special districts, regional government agencies / organizations and local, state and federal elected representatives. Share the City's Legislative Platform and municipal projects / programs with regional government agencies and local, state, and federal elected representatives to seek their support. Note: Items are ordered within each goal to align City of Santa Ana priorities with Federal and State priorities. CITY OF SANTA ANA 1 65A -7 2017 LEGISLATIVE PLATFORM GOAL 1: COMMUNITY SAFETY A safe and secure community is essential to the quality of life and economic success for the City of Santa Ana. The City is committed to a high level of public safety and working in partnership with the community to maintain a safe and secure City. Body Cameras / COPS Funding (Police Department) Support legislation which continuously provides funding for local police agencies to operate body worn camera programs. Seek grant opportunities to fund the evaluation of the police department's body worn camera program. Seek to sustain the COPS and juvenile justice programs. Homelessness (Community Development Agency) At the Federal level, incentivize and reward Public Housing Authorities for allocating Housing Choice Voucher Program resources to reduce homelessness. At the State level, seek changes to the Tax Credit Allocation Committee Qualified Allocation Plan under the scoring and selection policies, to more effectively incentivize developers to build more permanent supportive housing. - Increase permanent housing options linked to a range of supportive services - Improve access to emergency shelter and rapid rehousing opportunities - Improve data systems to centralize and coordinate information on homeless individuals - Develop systems and organizational structures to connect homeless individuals with employment - related supportive services. Medical /Recreation Marijuana (Planning and Building Agency / Police Department / Finance and Management Services Agency) Support legislation which maintains local control, considers critical health and safety requirements, provides for community education opportunities, and increases assistance and /or funding opportunities to municipalities that have adopted medical marijuana regulations to support enforcement of adopted operational standards. In addition, increase assistance and collaboration from state and federal agencies in investigating marijuana operations that are found to be associated with international drug trafficking organizations and engage in money laundering activities. Monitor the implementation of Proposition 64, California Marijuana Legalization Initiative, which makes it legal for individuals to use and grow marijuana for personal use. Gangs (Police Department) Support grant funding that focuses on the gang prevention and supports gang enforcement. Support legislation or initiatives that would maintain or seek to increase funding for the Edward Byrne Justice Grant (JAG) program. Domestic Violence (Police Department) Support legislation that increases the efficiency and effectiveness, and enhances the safety of domestic violence victims. Safe Mobility (Police Department and Public Works Agency) CITY OF SANTA ANA 2 65A -8 2017 LEGISLATIVE PLATFORM Increase local funding for infrastructure and programs that increase traffic and pedestrian safety in support of the City's Strategic Plan. Continue to seek traffic safety grants and support increased funding for California Office of Traffic Safety grants. The City is actively seeking funding to expand the installation and construction of safety infrastructure to protect pedestrians and bicyclists from motor vehicles on arterial and collector roadway corridors city -wide. The City has the fourth highest population density in the nation, and pedestrian and bicycle volumes are the highest in Orange County, and one of the highest in California. As a result, the City has one of the highest incidences of pedestrian and bicycle fatality and accident rates in California. New funding would prepare projects for "shovel ready" delivery. Updated polices will be adopted to ensure all newly rehabilitated infrastructure meets new safety standards. Updated design standards will include new curb and roadway alignments that will elevate the priority of pedestrian and bicycle use on city streets, and will emphasize shared use of the public rights -of -way. Programs related to traffic and pedestrian safety, and enforcement and education are included. The estimated cost to construct the immediate and near term city- wide phases of safe mobility initiatives is approximately $16 million. Advocate for passage of AB 342 (Chiu), which would authorize the Cities of San Jose and San Francisco to implement a 5 -year pilot program utilizing automated speed enforcement system for speed limit enforcement on certain streets, and explore opportunities to authorize the City of Santa Ana to implement a similar program. The pilot programs authorized by this legislation may demonstrate new ways to reduce excessive speeding, reduce the number of vehicle collisions, and provide added safety to our streets for bicyclists and pedestrians. Veterans (Community Development Agency) At the State and Federal level seek increased funding to ensure veterans have adequate access to job training, employment opportunities, affordable housing, and mental health services in a dignified manner that honors their service and commitment to our country. Immigration Reform (City Manager's Office) Recognizing the liberty and civil rights of all individuals regardless of national origin or immigration status, and to protect the well- being and safety of all people residing in our community, the City supports comprehensive federal immigration reform that provides sensible and effective solutions that, while ensuring for border security, provide for legalization and a pathway to citizenship, sustain economic strength, and promote stronger communities and family reunification. The City also supports state legislation that limits state and local law enforcement agencies involvement in immigration enforcement and ensures that eligible individuals are able to seek services from state agencies without regard to their immigration status. GOAL 2: YOUTH, EDUCATION, RECREATION Santa Ana enjoys a young, vibrant population. The City is committed to working with other youth- oriented organizations to make a full range of opportunities available so our children and young adults can achieve success in their lives. CITY OF SANTA ANA 3 65A -9 2017 LEGISLATIVE PLATFORM Parks (Parks, Recreation and Community Services Agency) Work with local state representatives to support a proposed State park bond and ensure that funding is included that will be available to the City for park development and maintenance, as well as adding a program for joint -use funding. Library (Parks, Recreation and Community Services Agency) Advocate funding to address and support bridging the digital divide; adding art and culture exhibits at public libraries to engage the community to read, learn and appreciate art and culture; advancing early literacy; workforce development for youth; increasing library programming for teens; and programs to support the effectiveness of teen counselors and teachers. The Santa Ana Public Library was awarded a one -time $495,000 federal grant from the National Institute for Museum and Library Services for the Memories of Migration Program. The Memories of Migration program provides youth apprenticeship opportunities for Santa Ana's young adults. Seek joint -use and other funding opportunities to enhance the scope and reach of the Roosevelt - Walker e- Library. The "Biblio Tech" leverages technology tools to help the public access library resources. Collaborate with state and federal representatives to identify literacy program funding for collaborative efforts between the Library and the Santa Ana Unified School District. Continue to pursue the goal of providing a Santa Ana Public Library card to every SAUSD student. Collaborate with state and federal representatives to identify opportunities to add a new Public Library in the south part of Santa Ana. Santa Ana Zoo (Parks, Recreation and Community Services Agency) Work with state and federal representatives to identify funding for climate change education to be provided at the Santa Ana Zoo. Collaborate with local and state representatives to identify funding for water conservation education to be provided at the Santa Ana Zoo. GOAL 3: ECONOMIC DEVELOPMENT Robust, successful businesses bring jobs and opportunity to the City and provide tax revenues for public services that benefit the entire community. The City of Santa Ana will work aggressively to encourage businesses to locate and invest in our community, providing good jobs, reducing unemployment and bolstering our City's tax base. Affordable Housing (Community Development Agency) At the Federal level, maintain or seek to increase funding for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) Program, and the Housing Choice Voucher Program; support measures to expand HUD's Promise Zone Program; oppose legislation that would cut or reduce federal funding to Sanctuary cities. In addition, support efforts to CITY OF SANTA ANA 4 65A -10 2017 LEGISLATIVE PLATFORM expand the Low Income Housing Tax Credit (LIHTC) program and ensure that any federal tax reform efforts do not negatively impact LIHTC. At the State level, seek a permanent source of funding for affordable housing programs, as well as increased funding for the Low- Income Housing Tax Credit Program, Affordable Housing and Sustainable Communities Program and Veterans Housing and Homelessness Prevention Program. Recycling Market Development Zone (RMDZ) (Community Development Agency /Public Works Agency) Support continued funding for the Recycling Market Development Zone Program which incentivizes local green businesses, create jobs, increases the use of locally collected recyclables, reduces greenhouse gas emissions and diverts waste from landfills through the City's designation and participation in the Orange County Recycling Market Development Zone. Reducing Impediments to Business (Community Development Agency) Support legislation that reduces the cost of doing business in California and the City of Santa Ana. Support efforts to remove barriers, decrease unnecessary burden and regulations and assist in the streamlining of starting up a business in the City. Economic Development Initiatives (Community Development Agency) Collaborate with the Governor's Office of Business and Economic Development in support of ongoing economic initiatives and programs that provide direct technical and financial assistance to businesses looking to locate or expand in the City of Santa Ana. Programs such as California Competes Tax Credit, Sales and Use Tax Exemption, New Employment Hiring Tax Credit, Industrial Development Bonds, and the Employment Training Panel. Goods Movement and Mobility (Public Works Agency) Legislation is sought which values the economic development from improved goods movement and mobility to core Santa Ana industries. Goods movement would be enhanced by improving roadway infrastructure in and around the city's industrial centers estimated to cost in the cost range of $15 Million. Enhanced Infrastructure Financing Districts (Community Development Agency) Support legislation to improve, promote or fund Enhanced Infrastructure Financing Districts to issue bonds to fund infrastructure projects such as street improvements, highway interchanges, transit facilities, sewage treatment and water reclamation plants, low and moderate income housing, and transit priority projects, pursuant to the infrastructure financing plan and the agreement of affected taxing entities. Seek funding to plan and implement Enhanced Infrastructure Financing Districts. This will help fill a gap following the dissolution of redevelopment agencies. Housing Authority /Section 8 Voucher Program (Community Development Agency) Maintain or seek to increase funding for the Family Self- Sufficiency Program. The Santa Ana Housing Authority administers the Housing Choice Voucher Program (Section 8). As part of the program, families have the opportunity to voluntarily participate in the Family Self- CITY OF SANTA ANA S 65A -11 2017 LEGISLATIVE PLATFORM Sufficiency Program to become independent from housing assistance. Participation in this program reduces housing assistance costs per family for the Housing Authority and allows the agency to assist new families that are on the Waiting List. Support legislation to implement an "opt -out" model for nondisabled, nonelderly (e.g. work capable adults) Housing Choice Voucher Program participants to be automatically registered for the Family Self- Sufficiency Program (ex. Cambridge Housing Authority Rental Assistance Asset Account model). Oppose legislation that would implement a lifetime limit on the receipt of housing assistance. Workforce Innovation and Opportunity Act (Community Development Agency) The City will continue to work with the Congressional delegation, and the Departments of Labor, Commerce, and Education to support and implement the Workforce Innovation and Opportunity Act (WIOA) with specific attention and emphasis on opposition to reduction in funding for WIOA; support for local Workforce Boards and local control; a single set of common performance measures for adults, dislocated workers and youth programs authorized under WIOA; and continued work on alignment of all federal workforce programs in U.S. Department of Housing and Urban Development, Health and Human Services, and Department of Education. U.S. Department of Housing and Urban Development— Reauthorization (Community Development Agency) Seek to maintain or increase funding the Community Development Block Grant (CDBG) Program to improve low to moderate - income neighborhoods, eliminate blight and create a stable economic base. GOAL 4: CITY FINANCIAL STABILITY It is essential that the City maintain fiscal stability to be able to deliver high quality services. This requires an effective and transparent financial system, accurate and reliable forecasting of revenues, on enhanced tax base, and control of expenses. Transportation Infrastructure Funding (Public Works Agency) The City's Gas Tax revenue has declined precipitously in the last three years- from over $10 million in FY2013/14 to less than $7 million in the current fiscal year. The reduction in this revenue is due, in part, to the increase in the number of alternative fuel vehicles and has restricted the ability to maintain the streets. Gov. Jerry Brown's latest state budget may offer a boost California's transportation funding by raising the gas tax or some other financing plan. Additionally, legislative leaders in both the Senate and the Assembly have indicated that developing a plan for the long -term financing of transportation infrastructure is a high priority. The City of Santa Ana is keenly interested in raising and stabilizing gas tax based revenues and also establishing other transportation funding for aging public infrastructure. While there have been a number of legislative proposals, introduced in previous years, those efforts have not been successful. Santa Ana management should be kept informed of the latest legislative developments so that timely support may be provided. Support legislation that would ensure that all users of the Cities transportation system pay CITY OF SANTA ANA 6 65A -12 2017 LEGISLATIVE PLATFORM their fair share for the maintenance and improvement of the system. Preserve Tax - Exempt Municipal Bonds (Finance and Management Services Agency) As Congress and the Administration consider tax reform, the City opposes any effort to eliminate or alter tax - exempt municipal bonds. Tax - exempt municipal bonds are critical for the City's efforts to improve and expand vital infrastructure. Ending the tax exemption would reduce the appeal of muni bonds for investors who would demand higher yields to compensate for the lost exemption, which would raise debt service costs for the City. Renewable Energy Grants (Public Works Agency) Seek State of California and federal grants or already established funding streams for renewable energy opportunities for City facilities, fleet operations and citywide benefit where applicable: - Solar Energy (photovoltaic arrays) - currently seeking low or no cost opportunities as they become available for city sites - Cogeneration within Civic Center facilities - Ice Energy - previously implemented at fleet, with future consideration for other sites - Alternative fuels vehicle and infrastructure - continue to purchase alternate fuel vehicles for fleet when available. Ongoing development of Public Access CNG station at Corporation Yard, providing public sales and yielding revenue. - Cap- and -Trade funding for public buildings and infrastructure, i.e. transportation Receivership Actions (Planning and Building Agency) Support legislation which would amend the California Health and Safety Code regarding municipalities' use of receivership actions. Specifically, revise Section 17980.7 to make the recovery of attorney's fees unilateral, rather than to the prevailing party. Support legislation which would amend the California Health and Safety Code Section 17980.7 to allow for first priority of receiver's liens and recovery of City's attorney fees and costs from the receivership estate. Support legislation which would remove the 3- day notice requirement and /or reduce the noticing requirement to service by certified mail. Support legislation which would clarify that unpaid administrative fines can be recovered as special assessments. GOALS: COMMUNITY HEALTH, LIVABILITY, ENGAGEMENT & SUSTAINABILITY A vibrant community is full of energy and life, characterized by investment in its people, its culture, and its physical environment. Our built environment has a direct effect on the community's overall quality of life. The task of community planning includes envisioning new commercial areas and new neighborhoods that enhance quality of life, as well as improving the neighborhoods we already have in order to create a sense of place and community. Essential to a vibrant community is strong community involvement, the celebration of arts and cultural diversity, and a focus on resource conservation. CITY OF SANTA ANA 65A -13 2017 LEGISLATIVE PLATFORM Water Conservation and Water Supply Reliability (Public Works Agency) The Drought has dominated much of the water headlines from 2013 to 2015. However, in 2016, for the first time in three years, water supplies available to the City's major water suppliers exceeded demands. This change caused a shift in operational priorities from drought management and storage usage to drought recovery. Conservation efforts during the drought were successful in suppressing water demand. The City exceeded the Governor's mandate to conserve all throughout the Emergency Drought Declaration. With the increase in available supplies in early 2016 water supply allocation was lifted, however, the City continued with its water conservation efforts and outreach. On February 1, 2017 the State Water Project watershed hydrology had improved to 197 percent of average to date. Many of the state's reservoirs are full or above their historic averages. Castaic Lake for example is 92% of its capacity. Under these wet conditions, with average rain of 27.81 inches statewide from October 1, 2016 to February 28, 2017 the Department of Water Resources announced a 60 percent State Water Project (SWP) allocation. With the understanding that droughts are cyclical, the City supports state and regional water supply projects and initiatives to drought proof the Southern California water supplies. The City supports the following projects /initiatives: Bay -Delta and State Water Project improvements to help achieve coequal goals of water supply reliability and Delta ecosystem protection and restoration. Regional Water Resources Management: Support administrative /legislative action to promote the development of a Regional Recycled Water Program for indirect potable reuse of recycled water as new drought proof water resource. Ground Water Replenishment System Final Expansion: Support the GWRS -Final Expansion project to augment the existing system to replenish the Orange County Groundwater Basin from 100 to 130 Million Gallons per Day. Ocean Water Desalination: Support administrative /legislative action to promote the development of fiscally responsible ocean water desalination projects as a water resource, without compromising the operational, financial, water quality, regulatory and customer's interests of the City and other water agencies. Efficient Water Use: Provide incentives, funding, and other assistance where needed to facilitate water market transformation and gain wider implementation of water - efficient indoor and outdoor technologies and practices. Improvements: Water Quality: Support administrative /legislative action Funding that helps Cities meet state and and federal and state funding to keep federal water quality standards. the Bay Delta Conservation Plan /California WaterFix to advance Water Infrastructure Financing: conveyance and ecosystem Reduce the cost of financing water CITY OF SANTA ANA 8 65A -14 2017 LEGISLATIVE PLATFORM infrastructure planning and construction, such as tax - credit financing, tax - exempt municipal bonds. The City will continue to monitor the activities of the State Water Resources Control Board, as well as any legislation introduced, related to long -term urban water conservation. Health (Parks, Recreation and Community Services Agency) Advocate for special grant monies for community outreach and education efforts to enhance the public awareness of preventing health issues such as obesity, diabetes, heart disease, and hypertension. Mobility (Public Works Agency and Parks, Recreation and Community Services Agency) A safe, well- connected network of non - motorized transportation facilities provides many benefits to the City, including increased mobility, greater access to fresh foods, enhanced viability to local businesses, and reduced traffic congestion. Support Federal, State and regional funding programs for improved bicycle and pedestrian facilities such as Active Transportation Program, Highway Safety Improvement Program, Bicycle Corridor Improvement Program, and the Compass Blueprint Program. Seek special grant monies for outreach and education efforts to enhance walking and biking safety in our town. Residential Group Homes (Planning and Building Agency) To protect residential neighborhoods, support legislation which promotes local control of residential groups homes including sober living facilities. Planning staff has identified regulating residential group homes as a critical tool for protecting the City's residential neighborhoods. Staff will initiate the preparation of an ordinance that will include restrictions and /or regulations as well as development standards for group homes such as sober living facilities. Sustainable Development (Planning and Building Agency) Seek special grant monies for planning, outreach and education efforts to support sustainable development. Projects may include comprehensive planning efforts, zoning and building code updates and specific planning efforts. Engagement (Parks, Recreation and Community Services Agency and Planning and Building Agency) Seek special grant monies for community engagement. These grant monies may be used to support public outreach on a number of planning efforts including the City General Plan update, historic preservation programs and survey efforts as well as specific planning urban design projects such as the Santa Ana Public Library's AGUA drought tolerant demonstration garden. In addition, monies may be used to support the City's existing Neighborhood Improvement Program community engagement efforts. CITY OF SANTA ANA 9 65A -15 2017 LEGISLATIVE PLATFORM Discuss with state and federal legislature representatives the need to find a funding stream to help the Santa Ana Public Library and its cohort of Youth Civic Engagement interns provide a 5 -year effort to increase voter registration. GOAL 6: COMMUNITY FACILITIES & INFRASTRUCTURE The City of Santa Ana has the responsibility to install and maintain the basic facilities required for a community to operate including streets, sidewalks and bikeways, sanitary sewers, storm drains, water systems, public buildings and facilities, and collection of solid waste. The City also has an important advocacy role concerning mass transit and public utilities. O.C. Streetcar (Public Works Agency) Seek continued support for OC Streetcar federal funding. This project is a modern streetcar running from the Santa Ana Regional Transportation Center (SARTC) through Santa Ana's Downtown and Civic Center within mixed flow traffic in city streets and within the Pacific Electric right -of -way to Garden Grove. The streetcar will expand regional transportation system benefitting mobility and goods movement as well as providing expanded regional and local economic development opportunities. The OC Streetcar received final environmental clearance in March 2015. In February 2016, the OC Streetcar received federal consideration when former President Obama included $125 million for the OC Streetcar in his budget. The Orange County Transportation Authority (OCTA) has become the lead agency for the design, construction, operations and maintenance of the project. The project is currently in the design phase and is scheduled to begin construction in 2018. To date, 60 % design review has been completed. The OC Streetcar will link the bustling Santa Ana Regional Transportation Center (SARTC), which provides regional rail, OCTA bus, and intercity and international bus services, to a new multimodal hub at Harbor Boulevard / Westminster Avenue in Garden Grove. Along the way, OC Streetcar will connect directly with 18 OCTA bus routes. OC Streetcar will serve the historic downtown Santa Ana and Civic Center which includes government offices, federal, state and local courthouses, unique restaurants and shops, an artists' village, several colleges and a variety of community enrichment organizations. OC Streetcar will increase transportation options and provide greater access along its 4.15 -mile route (in each direction) along Santa Ana Boulevard, 4th Street, and the Pacific Electric right -of -way to Harbor Boulevard in Garden Grove. The project serves Santa Ana which is the fourth most densely populated city in the United States, and serves the City's densely populated communities, many of whom (17.8 %) do not own cars and currently use public transportation. The estimated cost of the project is $298 million. Project funding is currently comprised of the following funding sources: Federal New Starts, Congestion Mitigation and Air Quality (CMAQ), Federal Transit Administration (FTA) 5307, State Cap- and - Trade, and Measure M2 Project S. If construction begins in 2018, the OC Streetcar Project could be operating by 2020. In coordination with OCTA, support the inclusion of the O.C. Streetcar Project in New Starts CITY OF SANTA ANA 10 65A -16 2017 LEGISLATIVE PLATFORM funding. The City will continue to seek Federal and State funding opportunities for the project. Santa Ana Regional Transportation Center (Public Works Agency) Funding is needed to repair and modernize the Santa Ana Regional Transit Center (SARTC) to support increasing mobility demands locally and regionally. Expanding rail and other mass transit mobility modes is critical to support an ever - increasing demand for inter - and intra - county rail services resulting from growth in population and employment in the surrounding areas. The SARTC station is a key link between local passenger access to the OCTA Metrolink Railroad and Amtrak connecting Orange County to other outlying areas of nearby regions, including Los Angeles, the Inland Empire, San Diego and beyond. Specifically, the SARTC facility is in dire need of bathroom expansion to support the increase station demands and meet today's American's with Disabilities Act standards, and other modernizations to encourage travel by higher efficiency mobility. Facility needs include modernization of interior climate control systems, repair of the building envelope to make water tight, update of interior painting and floor coverings, plumbing system upgrades, improved access and pathways from the facility's perimeter and expanded passenger loading and unloading kiosks /stalls. The estimated cost to complete these improvements is $4 Million. First /Last Mile Connections to Santa Ana Regional Transportation Center (Public Works Agency) New first and last mile connections to regional rail and bus passengers are critical to expand regional mobility. One key to expand system capacity is adding seamless travel connections at the Santa Ana Regional Transit Center (SARTC) to access Civic Center, Downtown, the Museum District and other employment, cultural, commercial and educational centers. Funding to plan and construct these first and last mile travel connections is needed, including bike lanes and infrastructure, safe and accessible pedestrian routes, and convenient transit facilities. Infrastructure may include protected bike lanes, bike lockers and racks, new sidewalk and access ramps, upgraded bus shelters. Programs and planning efforts could include educational campaigns, travel safety advertisements, and community based complete streets planning. The City supports Federal, State and regional funding programs and policies which would facilitate first and last mile connections. Grade Separations (Public Works Agency) Grade separation projects allow incompatible mobility modes to coexist These types of projects work by not only making existing incompatible transportation systems successfully match, but will greatly improve crossover connections between multimodal mobility and goods movement, and also result in reduced congestion, improved air quality, and reduced dependence on fossil fuels. Three separate grade separation projects have completed the conceptual engineering and environmental analysis phase. The three projects are located on Santa Ana Boulevard, Grand Avenue, and 17th Street. The three currently intersect with railroad tracks carrying Amtrak and Metrolink commuter traffic, and Union Pacific Railroad freight cars. CITY OF SANTA ANA 11 65A -17 2017 LEGISLATIVE PLATFORM Daily rail traffic is now 75 trains per day and is expected to increase to 110 per day by the year 2035. The grade separation projects are essential to allow for future and current commuter and goods movement, while also maintaining and improving train, pedestrian and bicycle mobility, and safety by uniting divided neighborhoods and commercial districts. The City of Santa Ana is the lead for the Santa Ana Boulevard project. This is a unique Grade Separation Plaza because it not only allows and encourages mass pedestrian and bicycle traffic to safely cross rail tracks adjacent to the Santa Ana Regional Transit Center (Amtrak and Metrolink station). it would also allow for the extension of the OC Streetcar across the rail tracks without any additional infrastructure but the streetcar line. The environmental clearance of the Santa Ana Boulevard Grade Separation Plaza was completed September 2014 and the project is estimated to cost $73.3 million. This project is in 18th place on the state's priority list. The roadway carries over 20,000 vehicles per day within a very congested segment of roadway adjacent to an interchange with I -S freeway. In addition, 54 school buses and 309 passenger buses cross the rail tracks. Staff seeks State and /or Federal funding support either through the Orange County Transportation Authority or independently for 100% of the project construction cost through Regional Surface Transportation Program, CMAQ, Demonstration, and Federal Section 130 funds. OCTA has been the lead agency for the planning and environmental studies of the other two grade separations at (2) Grand Avenue and (3) 17th Street. It's anticipated that they will seek funding to implement those two projects. Automated Meter Infrastructure (Public Works Agency) The City supplies potable water to over 45,000 customer accounts which include all of the City's 324,000 plus residents, business, and institutions. All customer accounts are metered by traditional dummy meters which record water usage mechanically and are manually read every two months. The City is committed to pursuing Automated Meter Infrastructure (AMI) and converting all meters to new smart meters capable of detecting leaks and allows customers to manage their water consumption on a daily basis. The proposed system will have customer engagement which will generate notifications such as excessive water use, irregular consumption patterns, and most importantly water leaks. The system is planned to be completely wireless and accessible through the Web. This is a key water conservation project. The City has awarded a contract to perform a feasibility study and implementation plan. Full AMI conversion and implementation costs are estimated to be in the range of $14 million. Staff will continue to seek funding for automated meter infrastructure. Replacement Water Wells (Public Works Agency) The City supplies up to 75% of water demand via a system of groundwater wells. A number of these wells are aging and no longer produce the quantity or quality of water they once did. In order to sustain the quantity and quality of water for the community at the lowest cost possible, it is essential to retain our groundwater pumping capacity. A need exists to drill and equip new replacement wells. As a regional aquifer, this project would also protect the integrity of the aquifer for other water producers. The City is in the process of acquiring a site and has prepared a preliminary CITY OF SANTA ANA 12 65A -18 2017 LEGISLATIVE PLATFORM feasibility study for up to two new replacement wells. The replacement well improvements are estimated to be in the cost range of $7 million. Staff will continue to seek funding for the replacement of water wells. Recycled Water System Master Plan (Public Works Agency) The Orange County Water District (OCWD) owns and operates a recycled water system, a portion of which traverses through parts of Santa Ana. Santa Ana properties may connect to the recycled water system, where available. Currently only a limited number of parcels have access to the system as the recycled water pipelines only exist in a limited area. The City is considering commissioning a recycled water system master plan to identify opportunities to expand the system to serve recycled water demands. The OCWD has tentatively committed to supply additional recycled water but Santa Ana will have to fund construction costs associated with expanding the system. The recycled water master plan is estimated to cost $100,000. The cost to construct additional reclaimed water pipeline is estimated to be $1.25 million per mile. Staff will seek funding to develop a recycled water system master plan. Santa Ana River Conservancy Program (Public Works Agency) Support the Santa Ana River Conservancy program by supporting the State of California Coastal Conservancy in its effort to address the resource and recreational goals of the Santa Ana River region including open space, trails, wildlife habitat, agricultural land protection, water quality protection, educational use, and public access in line with all provisions of SB 1390. Bristol Street (Public Works Agency) The City of Santa Ana has been in the process of improving 3.9 miles of Bristol Street between Warner Avenue and Memory Lane in conformance with the City's General Plan, and OCTA's Master Plan of Arterial Highways. The project adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well additional turn lanes and bus turnouts at major intersections. The completed or near completed portions of the project total over 2.5 miles. OCTA has funded construction of the remaining segments between Warner Avenue and 17th Street. However, no funding sources exist for the portion between 17th Street and Elm Street (the north -most half mile), which handles an average of 48,000 vehicles per day. The estimated cost for this segment is $40 million. Depending on future federal funding programs, the City would anticipate a request of up to one half, or $20 million of total project cost. Alton Parkway (Public Works Agency) The City of Santa Ana has been the lead agency in coordinating the design and environmental clearance of the Alton Parkway Grade Separation. Alton is part of the Master Plan of Arterial Highways, and the proposal is to cross over SR -55. The roadway would expand regional connectivity, benefitting mobility and goods movement as well as providing expanded regional and local economic development opportunities, and significant benefits to local Santa Ana businesses located in the fringes of this project. Coordination with neighboring Irvine has been completed. CITY OF SANTA ANA 654 -19 2017 LEGISLATIVE PLATFORM This project's design / environmental phases were previously done but need to be updated per the latest state requirements. This will take an estimated 8 -12 months to update. $55 million in construction and right -of -way funding is needed to implement this project. Half of this funding would be requested through the Measure M Regional Capacity Program with the remaining $22.5 million from Federal or other 4Ya!rc.1RY Grand Avenue (Public Works Agency) The City has a project to widen Grand Avenue between 1st Street and 17th Street. The project, similar to Bristol, adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well as additional turn lanes and bus turnouts at major intersections in conformance with OCTA and City plans. The initial 900 -foot segment between 1st Street and 4th Street began construction earlier in 2014 and was completed in 2015. Except for design phase funding, no funding has been identified for the remaining 4,300 feet, estimated to cost $49 million. A Federal $24 million grant to match the anticipated future OCTA Measure M2 funding could cover construction and project delivery. Warner Avenue (Public Works Agency) The City finalized the Environmental Impact Report (EIR) in 2015 to widen Warner Avenue between Main Street and Grand Avenue. The project, similar to Bristol Street and Grand Avenue, adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well as additional turn lanes and bus turnouts at major intersections in conformance with OCTA and City plans. The project's cost is estimated at $60 million for design, right -of -way, and construction phases. OCTA has funded the design phase and a portion of right -of -way for Phase I (Main Street to Oak Street). Staff seeks the remaining funding of $53 million through federal support independently or via OCTA. Fairview Bridge (Public Works Agency) Fairview Street is planned for three lanes in each direction on the City's General Plan and OCTA's Master Plan of Arterial Highways. However, because the Fairview Bridge over Santa Ana River is only about 50 feet wide, the roadway can accommodate only two lanes in each direction. Further, the bridge lacks separated sidewalks and the barrier rail does not meet current standards. For a similar project (First Street Bridge), the City received Federal funding to cover half the cost to replace and widen the bridge. For the Fairview Bridge, the cost is conceptually estimated at about $14 million, 88.53% of which could be requested through the Federal Highway Bridge Replacement and Rehabilitation program with matching funds requested through OCTA Measure M2. To receive federal funding, the segment would need to be cleared under the National Environmental Policy Act. GOAL 7: TEAM SANTA ANA The City continues to face increasing demands for service with limited resources. This challenge provides an opportunity for the organization to become innovative and efficient in the delivery of City Services. Success in this effort requires that the City retain and attract experienced, motivated employees who are committed to engaging and serving the community. Additionally, improving interdepartmental and community lines of communication will ensure greater transparency and community engagement. CITY OF SANTA ANA 14 65A -20 2017 LEGISLATIVE PLATFORM Transparency and Engagement (City Manager's Office) Support federal and state legislation that promotes greater transparency and community engagement. Continue to convey information to residents, partners and stakeholders via various communication platforms in accordance with the Sunshine Ordinance. Open Data / Public Records (Information Technology and Clerk of the Council) Facilitate efforts to publish data on the City's website which will increase transparency, access to public information, and improve coordination and efficiency among City agencies and partner organizations. Through the implementation of an Open Data site, the public will be able to access meaningful data on one web page, including legislative reports, building permit activity, crime reports, budget information, and land use data. Allowing the public to access, visualize, and sync to public information promotes a new kind of civic engagement and allows them to provide valuable feedback on local issues. An Open Data site will promote government transparency and openness by giving residents, visitors, and business access to records and reduce the number of public records received annually. Technology (Information Technology) The City's Information Technology Department is committed to provide insightful information to our elected representatives regarding the complex and multi - dimensional aspects of technology infrastructure and business of IT systems. The department's legislative platform includes: Support legislation and policies that encourage the streamlining of business processes for responding to open records requests and that provide funding for these activities. Support legislation that helps bridge the digital divide by promoting low cost, high -speed internet access to the city's low- income population. Support legislation that promotes and provides funding for the increased use of technology and assistance in adhering to regulatory compliance requirements. Support legislation that promotes and provides funding for cybersecurity in order to reduce the risk of cyber- attacks. Support legislation that includes operational expenses as an acceptable use of public, educational, government access (PEG) funds, collected from cable franchise fees per the Federal Communications Commission, for government access stations. Support legislation and regulations that ensure emergency communication capabilities and interoperability for information technology and public safety departments and agencies. Support legislation that addresses existing labor law limitations that discourage use of 21st century technologies for employees. Oppose legislation that reduces or limits local government's discretion to approve right of way use from unsightly and potentially hazardous equipment placement by telecommunications companies. Legislative Agenda (City Manager's Office) Reflecting input from various departments, the City will recommend an annual legislative CITY OF SANTA ANA 15 65A -21 2017 LEGISLATIVE PLATFORM agenda consistent with the Strategic Plan, will provide updates and information to the City Council and will continue to work closely with State and Federal lobbyists to promote the City's legislative priorities. Council and staff will continue to attend legislative - related events or meetings in Sacramento and Washington D.C. to advocate for local /regional programs and initiatives. The City will coordinate meetings or attend legislative events to advocate for funding for local /regional initiatives. CITY OF SANTA ANA 16 65A -22 CITY OF SANTA ANA 2017 FEDERAL AND STATE LEGISLATIVE PLATFORM SANTA ANA CITY COUNCIL Mayor Miguel Pulido Mayor Pro Tern Michele Martinez Ward 2 Councilmember Vicente Sarmiento Ward 1 Councilmember Jose Solorio Ward 3 20 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 647 -6900 1 Fax: (714) 647 -6954 65A -24 Councilmember David Benavides Ward 4 Councilmember Juan Villegas Ward 5 Councilmember Sal Tinajero Ward 6 2016 LEGISLATIVE PLATFORM SCORECARD TABLE OF CONTENTS INTRODUCTION........................................................................................................................... ..............................1 GUIDING PRINCIPLES .................................................................................................................. ..............................1 GOAL 1: COMMUNITY SAFETY .................................................................................................... ..............................2 GOAL 2: YOUTH, EDUCATION, RECREATION .............................................................................. ..............................8 GOAL 3: ECONOMIC DEVELOPMENT ........................................................................................ .............................10 GOAL 4: CITY FINANCIAL STABILITY .......................................................................................... .............................14 GOAL 5: COMMUNITY HEALTH, LIVABILITY, ENGAGEMENT & SUSTAINABILITY ...................... .............................17 GOAL 6: COMMUNITY FACILITIES & INFRASTRUCTURE ............................................................ .............................19 GOAL7: TEAM SANTA ANA ....................................................................................................... .............................25 20 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 6q7 -69Q0 1 F 714) 647 -6954 2016 LEGISLATIVE PLATFORM SCORECARD INTRODUCTION The Legislative Scorecard provides a summary of actions taken to protect and promote the City of Santa Ana's interests on priority issues and legislative /regulatory matters which may impact the City. The Guiding Principles and Policy Statements below allowed City staff and legislative advocates to address 2016 legislative and regulatory issues in a timely and directed manner, without precluding the consideration of additional legislative and budget issues that arose during the year. This Platform and Scorecard supplement other City Council established policies reflected in other plans and policy documents and is consistent with the goals of the City's Strategic Plan. GUIDING PRINCIPLES 1. PRESERVE LOCAL CONTROL Preserve and protect the City's charter powers, duties and prerogatives to enact legislation and policy direction concerning local affairs, and oppose legislation that preempts local authority. Local agencies should preserve and enhance authority and accountability for revenues raised and services provided. II. PROMOTE FISCAL STABILITY Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve the City's revenue base and local control over local government budgeting. Oppose measures that make cities more dependent on the County, State or Federal Governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits. Oppose measures that shift local funds to the County, State or Federal Governments, without offsetting benefits. III. SUPPORT FUNDING OPPORTUNITIES Support opportunities that allow the City to compete for its fair share of regional, state and federal funding, and that maintain funding streams. Opportunities may include competitive grant and funding programs. Opportunities could also include dedicated funding streams at the regional, state and federal levels that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. IV. REGIONAL COLLABORATION AND COOPERATION Leverage the City's ability to preserve local control, promote fiscal stability, and support funding opportunities through collaboration with municipalities, local government agencies, special districts, regional government agencies / organizations and local, state and federal elected representatives. Share the City's Legislative Platform and municipal projects / programs with regional government agencies and local, state, and federal elected representatives to seek their support. CITY OF SANTA ANA 1 65A -26 2016 LEGISLATIVE PLATFORM SCORECARD Note: Items are ordered within each goal to align City of Santa Ana priorities with Federal and State priorities. GOAL 1: COMMUNITY SAFETY A safe and secure community is essential to the quality of life and economic success for the City of Santa Ana. The City is committed to a high level of public safety and working in partnership with the community to maintain a safe and secure City. Body Cameras / COPS Funding (Police Dept.) Support legislation which continuously provides funding for local police agencies to operate body worn camera programs. Any supported legislation should take into account, data storage costs, personnel costs and equipment in support of the administration of justice in criminal cases. • (PD) The Santa Ana Police Department is moving forward with the implementation of the Body Worn Camera program. A vendor has been selected and the implementation / training will begin in February 2017. e (TPA) Townsend Public Affairs has been monitoring legislation related to body worn cameras. No funding has been made available since the last legislative cycle. California Police Chiefs Association recommends the creation of statewide minimum requirements for the use of body worn cameras. • (H &K) The Santa Ana Police Department applied for the 2016 Community Oriented Policing Services grants and was awarded funding for the third consecutive year. The funding allocated will allow the Police Department to hire ten additional police officers. With the upcoming submission of the President's FY 18 budget, we will continue to showcase, as we have in the past, with the City's delegation and with appropriators, the success of the City of Santa Ana's initiatives to demonstrate the value of the COPS programs. • (H &K) The Santa Ana Police Department received Urban Areas Security Initiative funding totaling $5.43 million. Homelessness (Community Development Agency) Reprioritize existing affordable housing resources allocated through the U.S. Department of Housing and Urban Development and the Low - Income Housing Tax Credit Program and seek increased funding to provide housing for homeless individuals that is consistent with local and regional priorities, including increased permanent housing options linked to a range of supportive services; improved access to emergency shelter and rapid rehousing opportunities; improved data systems to centralize and coordinate information on homeless individuals; and the development of systems and organizational structures to connect homeless individuals with employment - related supportive services. • (CDA) The City declared a public health and safety crisis related to the homeless and urged the County of Orange to take immediate action to provide service at the Santa Ana Bus Terminal in order to CITY OF SANTA ANA 2 65A -27 • 4 L] 2016 LEGISLATIVE PLATFORM SCORECARD improve access to emergency shelter and rapid rehousing opportunities. (CDA) Following a competitive RFP process, the City awarded a project with 71 project -based vouchers for Permanent Supportive Housing. The City also awarded $1.2 million in HOME Investment Partnership Program funds to the project. (CDA) Working in conjunction with the Illumination Foundation and Mercy House the City has increased permanent housing options linked to a range of supportive services using Housing Choice Vouchers. (CDA) The City awarded $45,510 to the Illumination Foundation to hire a Housing Navigator to increase permanent housing options linked to a range of supportive services using Housing Choice Vouchers. (CDA) The City provided $99,750 to the County of Orange to improve access to emergency shelter by keeping the Santa Ana National Guard Armory Emergency Shelter open longer. (CDA) The City met all requirements to continue to receive funding from the U.S. Department of Housing and Urban Development for the Emergency Solutions Grant Program. (TPA) Townsend Public Affairs (TPA) worked with City staff on issues of homelessness, specifically as it relates to the potential relocation of the Orange County Needle Exchange Program. TPA has provided City staff with background information on the state legislation that allowed for the authorization of the program, as well as potential recommendations for moving forward. s (TPA) Townsend Public Affairs provided regular updates to the City's legislative delegation on issues related to homelessness in order for the City to be informed in the event that outreach with the Department of Public Health was needed. (H &K) Holland & Knight coordinated meetings with the Inter - Agency Council on Homelessness and Department of Housing and Urban Development leadership to highlight Santa Ana's efforts to address homelessness, including its project to provide permanent supportive housing using project based vouchers. Medical Marijuana (Planning and Building Agency / Police Department) Support legislation which maintains local control, considers critical health and safety requirements, provides for community education opportunities, and increases assistance and /or funding opportunities to municipalities that have adopted medical marijuana regulations to support enforcement of adopted operational standards. In addition, increase assistance and collaboration from federal agencies in investigating marijuana operations that are found to be associated with international drug trafficking organizations and engage in money laundering activities. CITY OF SANTA ANA 3 65A -28 ® (PD) The Santa Ana Police Department has maintained relationships with federal and state partners in order to investigate any marijuana operations 2016 LEGISLATIVE PLATFORM SCORECARD that are found to be in violation of the passed a three -bill licensing framework municipal code, and state and federal for medical cannabis in California. TPA law. actively participated in the stakeholder process with legislative staff, • (PD /PBA) The Medical Marijuana Task Administration staff, and key interested Force has closed all but approximately parties to help form the framework and twenty of the illegal marijuana ensure that local control and public dispensaries. The remaining illegal safety was given the highest dispensaries continue to be the focus of consideration. the Task Force enforcement efforts. • (TPA) Proposition 64 Adult Use of • (PD /PBA) In collaboration with the Marijuana Act passed on November 8, Planning and Building Agency, the Santa 2016. The Act provides for local control Ana Police Department has issued fifteen and defines limitations related to Regulatory Safety Permits related to possession, cultivation and use related to Measure BB with an additional four in recreational marijuana. process. Since the program was established two years ago over $3.8 • (TPA) Townsend Public Affairs worked million in fees and taxes have been generated to fund public safety efforts closely with the Brown Administration, the Bureau of Medical Cannabis and program related costs. Regulation, the Legislature, and industry • (PBA) The City's medical marijuana stakeholders regarding the development regulatory safety program task force of an integrated medical and adult -use continues to explore options to enhance or regulatory framework to ensure that streamline the program. Round -table local control is preserved. discussions were held with industry representatives during which participants ® (H &K) Holland & Knight monitored shared feedback to City officials on federal developments relating to medical methods for improving the existing marijuana. A bipartisan bill known as the program. Compassionate Access Act was re- introduced recently. The bill would • (CAO) On April 1.9, 2016 the City of Santa remove cannabidiol (CDB) from the Ana ammended Chapter 18 of the Santa Controlled Substances Act so physicians, Ana Municipal Code regarding unarmed with state approval of its use, could guards at dispensaries; establishing prescribe CDB treatment, as in the case regulatory safety permit application of epilepsy, cancer or glaucoma. deadlins; and prohibiting issuance of Hearings on the bill have yet to be regulatory safety permit aplications to scheduled. narcotic registrants. • (TPA) Townsend Public Affairs provided ongoing information to the City on legislative activity to regulate medical marijuana. The Legislature ultimately CITY OF SANTA ANA 4 65A -29 2016 LEGISLATIVE PLATFORM SCORECARD Ganes (Police Department) Support state legislation that would make theft of a firearm a grand theft and punishable by state prison. • (TPA) On November 8, 2016 Proposition 63 passed mandating that any theft of a firearm regardless of value is to be classified a felony. • (H &K) In the Department of Justice, grant opportunities are available to support local efforts to address high levels of youth - related gun crime and gang violence, including its safe and thriving communities program. With the submission of the President's FY 18 budget, we will work with the City's delegation and appropriators to seek to sustain the COPS and juvenile justice programs. Domestic Violence (Police Department) Support legislation that increases the efficiency and effectiveness of protective orders to enhance the safety of domestic violence victims. • (PD) The Santa Ana Police Department partnered with local non- profit Human Options and has received a $400,000 grant to provide enhanced resources for domestic violence victims. • (TPA) On January 1, 2017 the California's Gun Violence Restraining Order Law passed. The law will help the Police Department in enhancing the safety of domestic violence victims. Safe Mobility (Police Department and Public Works Agency) Increase local funding for infrastructure and programs that increase traffic and pedestrian safety in support of the City's Strategic Plan. While the City currently receives between $300,000 and $400,000 annually from the State of California's Office of Traffic Safety, federal funds have not been secured. The City is actively seeking funding to expand the installation and construction of safety infrastructure to protect pedestrians and bicyclists from motor vehicles on arterial and collector roadway corridors city -wide. The City has the fourth highest population density in the nation, and pedestrian and bicycle volumes are the highest in Orange County, and one of the highest in California. As a result, the City has one of the highest incidences of pedestrian and bicycle fatality and accident rates in California. New funding would prepare projects for "shovel ready" delivery. Updated polices will be adopted to ensure all newly rehabilitated infrastructure meets new safety standards. Updated design standards will include new curb and roadway alignments that will elevate the priority of pedestrian and bicycle use on city streets, and will emphasize shared use of the public rights -of -way. Programs related to traffic and pedestrian safety, and enforcement and education are included. The estimated cost to construct the first city -wide phase of re- alignments is approximately $5 Million. CITY OF SANTA ANA 5 65A -30 • (PWA) The City adopted the Safe Mobility Santa Ana plan which analyzed 10 years of traffic collision data, identified priority corridors, and proposed projects for which to pursue grant funding. 2016 LEGISLATIVE PLATFORM SCORECARD • (PWA) All of the bicycle and pedestrian improvements identified in the Safe Mobility Santa Ana Plan are within the public right of way and support a safe shared use of the public space. • (PWA) Through funding from the State of California Office of Traffic Safety, the Public Works Agency (PWA) conducted ten helmet and bike light distributions and ten bicycle safety skills classes. Further the PWA partnered with the Santa Ana Unified Police Department, Santa Ana Police Department, and Parks and Recreation - Youth Commission to promote and support bicycle safety initiatives by providing helmets and educational materials. Veterans (City Manager's Office) Advocate for social policy and increased funding to ensure veterans have adequate access to job training, employment opportunities, medical care, affordable housing, and mental health services in a dignified manner that honors their service and commitment to our country. ® (CDA) Following a competitive application process, the City was awarded 75 U.S. Department of Housing and Urban Development Veterans Affairs Supportive Housing Project -Based Vouchers to provide affordable housing for homeless veterans. • (CMO) Beginning in 2015, the City Manager's Office had coordinated with local organizations to host a monthly flag raising ceremony to honor local veterans from the community and to engage residents to increase their awareness of veterans' contributions. The monthly ceremony was held at the Santa Ana Public Library's flagpole, and regular contributors included the American Legion, VFW, the Santa Ana Public Library, the Santa Ana Police Department, the Employment Development Department, Heroes Elementary School, and the Main Place Christian Fellowship, among others. • (H &K) As part of Holland & Knight's coalition advocacy efforts to reverse housing cuts in the President's FY 18 budget, they are working with the City's delegation to demonstrate the impact on the City's homeless veterans and ensure Department of Housing and Urban Development / Department of Veterans Affairs funds are sustained for homeless veterans. Immigration Reform (City Manager's Office) Recognizing the liberty and civil rights of all individuals regardless of national origin or immigration status, and to protect the well- being and safety of all people residing in our community, the City supports comprehensive federal immigration reform that provides sensible and effective solutions to secure our boarders, ensure economic strength, and promote stronger communities. CITY OF SANTA ANA 6 65A -31 (CMO) On April 9, 2016 the City of Santa Ana in collaboration with OCCORD, OC Labor Federation, Public Law Center, and several other partners, hosted a Citizenship Fair at the Southwest Senior Center. Over 800 people attended the Citizenship Fair, approximately 600 citizenship applications were processed, and another 200 people were provided with information. There were over 340 2016 LEGISLATIVE PLATFORM SCORECARD volunteers, which comprised of 110 legal volunteers that helped make the 12 hour event a success. • (CMO) At the December 6, 2016 meeting, the City Council adopted Resolution No. 2016 -086, declaring the City of Santa Ana a sanctuary for all its residents, regardless of their immigration status. This resolution outlined that the City would implement various policies called for by the resolution, including: protecting sensitive information; reaffirming the City's commitment to preventing biased -based policing and disallowing the use of City resources for immigration enforcement; exercising appropriate discretion in policing; providing additional training for all affected City employees, officials, and agents; and establishing a task force for oversight. An ordinance affirming these policies was later adopted in January 2017. • (TPA) Townsend Public Affairs provided ongoing information on immigration and sanctuary city status discussions at the State level and the State's response to the President's Executive Orders on immigration. • (TPA) Townsend Public Affairs (TPA) provided updates on legislation introduced in Sacramento to limit state and local law enforcement agencies' involvement with immigration enforcement and ensure that eligible individuals are able to seek state services without regard to their immigration status. TPA attended the Senate Public Safety Committee hearing with a City of Santa Ana Councilmember, who was one of the three primary witnesses to testify CITY OF SANTA ANA 7 65A -32 on the measure. TPA provided updates on this legislation as well as other issues occurring across the State that impact this discussion. • (TPA) Townsend Public Affairs worked with the Office of Speaker Anthony Rendon to provide information regarding the City's sanctuary city ordinance. • (H &K) Holland & Knight connected City staff with other localities working to proactively assist immigrant communities to identify best practices, including assisting the City in working with Los Angeles' Office of Immigrant Affairs. • (H &K) In response to the President's efforts to implement his campaign promises to target sanctuary cities and increase interior immigration raids, Holland & Knight is working in coalition with other sanctuary cities to counter the Administration's current stance in seeking to punish sanctuary cities, meeting with both senators and House representative, including the senior counsels for the ranking member of the Senate Judiciary Committee; providing legislative analysis on sanctuary cities legislation; and providing information and analysis on the Administration's change in detention policies back to "safe communities" enforcement. We are also continuing to meet with congressional supporters of the Bridge Act legislation, working towards getting the President to sustain the Deferred Action for Childhood Arrivals program. 2016 LEGISLATIVE PLATFORM SCORECARD GOAL 2: YOUTH, EDUCATION, RECREATION Santa Ana enjoys a young, vibrant population. The City is committed to working with other youth- oriented organizations to make a full range of opportunities available so our children and young adults can achieve success in their lives. Parks (Parks, Recreation and Community Services Agency) Work with local state representatives to support the proposed State park bond and to add a program for joint -use funding. The City of Santa Ana has been awarded a $1,030,800 grant to develop a half -acre park at Memory Lane and the Santa Ana River, adjacent to the Vista Del Rio Housing Project. • (PRCSA) Construction on Memory Lane Park was completed on June 30, 2016 and a Ribbon Cutting ceremony was held on October 4, 2016. The project includes bike and equestrian rest stops, a shade structure, play equipment area, exercise equipment, and a passive rest area with drought tolerant planting. + (PRCSA) The City was awarded $5 million of Prop 84 state grant funds and $2.1 million of Community Development Block Grant funding to construct a new Community Center and Park at the Roosevelt /Walker School site under a Joint Use agreement with Santa Ana Unified School District. A ground breaking event was held on December 16, 2016. Construction will begin in January 2017 and is expected to be completed within a year. • (TPA) Townsend Public Affairs worked directly with members of the Orange County delegation, as well as the author and sponsors of AB 2444 (the proposed legislative park bond) throughout the legislative session, to ensure that any final park bond contained funding that would be accessible by the City. The final version of the bill included per capita funding for cities, competitive grant funding for park poor communities, as well as dedicated funding for the Santa Ana River Conservancy Program (with preference to projects in cities with high populations), all which would be available to the City. While AB 2444 was unsuccessful, there is a commitment among the key stakeholders to work to place a bond on the ballot in 2018. • (TPA) Townsend Public Affairs worked closely with the authors of AB 18 and SB 5, as well as the City's legislative delegation and other stakeholders to include dedicated parks and recreation funding for the City. Library (Parks, Recreation and Community Services Agency) Advocate funding to address and support bridging the digital divide; adding art and culture exhibits at public libraries to engage the community to read, learn and appreciate art and culture; advancing literacy; providing career guidance for youth; and increasing library programming for teens. ® (PRCSA) The library has utilized a consultant to create the framework for a website devoted exclusively to career, job, and internship information and CITY OF SANTA ANA 8 65A -33 • • • 2016 LEGISLATIVE PLATFORM SCORECARD opportunities for Santa Ana youth. The site is expected to go live early in 2017. (PRCSA) The library coordinates its Workforce Investment Opportunity Act program with CTV -3 to engage youth in training in producing videos to interest, engage and inform youth. (PRCSA) In April of 2016, the Santa Ana Public Library hosted a Youth Services Provider Summit for the city's key stakeholders in youth development and education. Nearly one hundred attendees explored the subject under the aegis of Dr. Kenneth Ginsburg who is one of the country's best -known experts on the treatment of homeless and marginalized youth. (PRCSA) The library's Children's Services Department has committed itself to increasing early literacy among Santa Ana's young children by providing Early Literacy stations which contain games, books and tablets that promote academic development and enable parents to read to their children in an interactive environment. (PRCSA) The library continues to expand services to teens and young adults. With the help of volunteers, staff, and Youth Civic Engagement Interns, the Young Adult Department supports the City's Youth Commission, offers workshops on college choice, financial aid, FAFSA applications, provides tutoring, computer access and 12 -15 programs weekly for teens. Staff also recruits and mentors youth volunteers, encouraging community service and engaging them with the library. • (PRCSA) The library has hosted exhibits of traditional toys from Mexico provided by the Mexican Consulate and complex origami created by a nine -year old Orange County boy. The Santa Ana Public Library was awarded a $495,000 federal grant from the National Institute for Museum and Library Services for the Memories of Migration Program. Memories of Migration is a 3 -year community memory program that builds on the Library's unique Teen Historian Program to jump start the development of cultural heritage collections around the shared stories of human migration in America. • (PRCSA) The Memories of Migration Program grant is in its third and final year. The Teen Historians have developed and implemented techniques for gathering migration stories from local residents. The archive to date consists of oral histories, photos and media. The project can be found on Facebook, History Pin, and the library's website. The team has also provided training and support for similar projects at West Hartford, CN, Queens, NY, New Mexico Highlands University and the New Mexico Department of Cultural Affairs. Seek joint -use and other funding opportunities to establish a community e- Library. The "Biblio Tech" leverages technology tools to help the public access library resources. CITY OF SANTA ANA 9 65A -34 r (PRCSA) The e- Library has two components. The first is an enhancement to the number and kinds of e- resources the library provides to the community. The second will be a physical presence in the new Roosevelt / Walker Community Center, for which ground 2016 LEGISLATIVE PLATFORM SCORECARD was broken in late 2016. These efforts are serving to narrow the digital divide in the community. Collaborate with state and federal representatives to identify literacy program funding for collaborative efforts between the Library and the Santa Ana Unified School District. • (PRCSA) The library has partnered with the Santa Ana Unified School District to provide all SAUSD students with a library card. So far, students at three Santa Ana high schools, four elementary schools and eight Head Start programs have received cards. Collaborate with state and federal representatives to identify opportunities to add a new Public Library in the south part of Santa Ana. • (PRCSA) In an effort to extend library services to residents located further away from the Main and Newhope Libraries, the library has placed satellite services in several Community Centers. Residents may visit teen centers in Garfield and Jerome Centers, get computer access and training at Garfield and El Salvador Centers, and find children's services at Garfield. Recently, the library has begun an after - school homework help program at the Delhi Center. Santa Ana Zoo (Parks, Recreation and Community Services Agency) Work with state and federal representatives to identify funding for climate change education to be provided at the Santa Ana Zoo. • (PRCSA) Worked with the U.S. Geological Survey's Western Ecological Research Center to develop and build a new exhibit and breeding center for the locally endangered Mountain Yellow - Legged Frog, a species located in the Santa Ana River drainage and directly affected by climate change. Exhibit signage will discuss effects of climate change on animals and people. • (PRCSA) Two zoo education staff went through the National Network for Ocean and Climate Change Interpretation (sponsored by the National Science Foundation) training workshop learning best practices to communicate climate change to the general public through programs and signage. These climate change education practices have been incorporated into existing education programs and will be integrated into the new Zoo Master Plan and signage for the new Giant River Otter exhibit. GOAL 3: ECONOMIC IaDVAD100WuIDRIN Robust, successful businesses bring jobs and opportunity to the City and provide tax revenues for public services that benefit the entire community. The City of Santa Ana will work aggressively to encourage businesses to locate and invest in our community, providing good jobs, reducing unemployment and bolstering our City's tax base. Affordable Housing (Community Development Agency) Seek increased funding for affordable rental housing, support homeownership programs, and improve the City's housing stock through funding from the Community Development CITY OF SANTA ANA 10 65A -35 2016 LEGISLATIVE PLATFORM SCORECARD Block Grant (CDBG) Program, the HOME Investment Partnership Program (HOME), and the City's Housing Opportunity Ordinance. These programs improve the City's housing stock while providing opportunities for affordable rental and ownership housing for residents within the City of Santa Ana. ® (CDA) To support homeownership, the City administered a down payment assistance program for first -time homebuyers with funding from the HOME Investment Partnership Program (HOME) and Community Development Block Grant (CDBG) Programs. A total of 105 applications were distributed, four were received and approved for this program. The City also provided a quarterly workshop for interested applicants in the community. • (CDA) To improve the City's housing stock, the City administered Residential Rehabilitation Programs for single- family homes, mobile homes, historic homes and multi - family properties. For the Single - Family Home Rehabilitation Program, a total of 73 applications were distributed, three were received, and one application was approved for this program. From applications that were approved a total of two (2) single- family homes were repaired through the City's program in 2016. For the Mobile Home Rehabilitation Program, a total of 57 applications were distributed, eight were received, and four applications were approved for this program. Three mobile home units were funded and the rehabilitation of one unit was completed in 2016. ® (CDA) The City issued an RFP for $1.2 million in HOME Investment Partnership Program funds and awarded the funds to a project which provides 71 units of permanent supportive housing for homeless individuals. • (CDA) For the City's Housing Opportunity Ordinance, the City executed a pre - commitment for $2,600,000 of inclusionary housing in -lieu fees for a 69- unit affordable housing project. The City also executed a loan agreement for $1,875,000 for a 57 -unit affordable housing project. • (CDA) The City met all requirements to continue to receive funding from the U.S. Department of Housing and Urban Development for the Community Development Block Grant and HOME Investment Partnership Program. • (TPA) Townsend Public Affairs provided information to the City on various legislative and budget proposals related to affordable housing, including Governor Brown's "by- right" housing proposal. Economic Development Initiatives (Community Development Agency) Collaborate with the Governor's Office of Business and Economic Development in support of ongoing economic initiatives and programs that provide direct technical and financial assistance to businesses looking to locate or expand in the City of Santa Ana. Programs such as California Competes Tax Credit, Sales and Use Tax Exemption, New Employment Hiring Tax Credit, Industrial Development Bonds, and the Employment Training Panel. • (CDA) On July 26, 2016, along with the Santa Ana Chamber of Commerce, the CITY OF SANTA ANA 11 65A -36 2016 LEGISLATIVE PLATFORM SCORECARD City co- hosted the Governor's Office of Business and Economic Development Go -Biz Workshop to inform businesses on the process for applying for the California Competes Tax Credit. • (H &K) With the expectation that Congress will seek to move forward on tax reform through the budget reconciliation process sometime later this year, Holland & Knight will again seek to include extension of the empowerment zone tax incentives as they did successfully in tax extender legislation. In addition, Holland & Knight has worked to mobilize an active coalition to support expansion of the Low Income Housing Tax Credit and will continue to advocate for its inclusion in tax reform. Goods Movement and Mobility (Public Works Agency) Legislation is sought which values the Economic Development from improved goods movement and mobility to core Santa Ana industries. Goods movement would be enhanced by improving roadway infrastructure in and around the city's industrial centers estimated to cost in the cost range of $15 Million. + (PWA) The street reconstruction within the Warner Industrial Community is planned to commence in April 2017 and be completed by the end of 2017. • (TPA) Townsend Public Affairs (TPA) provided information to the City regarding legislative and administration proposals to generate funding for transportation infrastructure. TPA advocated with the authors of the measure, as well as the City's legislative delegation, to include significant funding for local streets and roads, as well as other programs that would be available to fund City projects. Enhanced Infrastructure Financing Districts (Community Development Agency) Support and establish an Enhanced Infrastructure Financing District to issue bonds to fund infrastructure projects such as street improvements, highway interchanges, transit facilities, sewage treatment and water reclamation plants, low and moderate income housing, and transit priority projects, pursuant to the infrastructure financing plan and the agreement of affected taxing entities. This will help fill a gap left with the dissolution of redevelopment agencies. • (CDA) The City continues to research eligibility to create a Community Revitalization Investment Authority as authorized under AB 2492. Housing Authority /Section 8 Voucher Program (Community Development Agency) Seek increased funding for the Family Self - Sufficiency Program. The Santa Ana Housing Authority administers the Housing Choice Voucher Program (Section 8). As part of the program, families have the opportunity to voluntarily participate in the Family Self - Sufficiency Program to become independent from housing assistance. Participation in this program reduces housing assistance costs per family for the Housing Authority and allows the agency to assist new families off of the Waiting List. • (CDA) Following a competitive grant application process, the City was successful in its application and received CITY OF SANTA ANA 654 -37 2016 LEGISLATIVE PLATFORM SCORECARD an award of $138,000 to administer the Family Self- Sufficiency Program for calendar year 2017. • (H &K) Holland & Knight is working with the City's delegation and appropriators to counter drastic cuts in the Department of Housing and Urban Development programs. Please reference the Homelessness section. Workforce Innovation and Opportunity Act (Community Development Agency) On July 22, 2014, President Barack Obama signed into law the Workforce Innovation and Opportunity Act (WIOA) — designed to promote a job- driven public workforce system helping to strengthen the partnerships between Workforce Boards, businesses, and education. The City will work with the Congressional delegation, and the Departments of Labor, Commerce, and Education to support and implement the Workforce Innovation and Opportunity Act (WIOA) with specific attention and emphasis on full funding for WIOA; support for local Workforce Boards and local control; a single set of common performance measures for adults, dislocated workers and youth programs authorized under WIOA; and continued work on alignment of all federal workforce programs in U.S. Department of Housing and Urban Development, Health and Human Services, and Department of Education. • (CDA) To meet the requirements of the new legislation the City formed a Workforce Development Board to provide grant oversight and engage regionally on workforce issues. The State of California approved the new structure and the continuation of receipt of federal workforce funding. • (CDA) The State of California announced that the City exceeded its Workforce Investment Act / Workforce Innovation and Opportunity Act performance measures for PY 2015 -16. • (CDA) The WORK Center was awarded a Sling Shot Grant funded by The Orange County Workforce Development Board. Sling Shot is an initiative of the State of California which encourages and supports regional partnerships across the state promoting engagement in new collective actions on workforce challenges. U.S. Department of Housing and Urban Development— Reauthorization (Public Works Agency) Continue Community Development Block Grant (CDBG) to cover capital cost to improve city streets in economically disadvantaged areas. The improvements would reduce blight and improve residential neighborhoods. The need is approximately $5 Million. • (CDA) Using the resources provided by the U.S. Department of Housing and Urban Development, the City allocated Community Development Block Grant funds in the amount of $749,261, equivalent to 14% of the annual grant allocation, for residential street improvements in the Annual Action Plan. ® (H &K) In light of drastic cuts in the President's proposed FY 18 budget for Department of Housing and Urban Development programs, we are organizing a concerted effort among key cities and mayors including the City of Santa Ana to build strong bipartisan CITY OF SANTA ANA 13 65A -38 2016 LEGISLATIVE PLATFORM SCORECARD support in Congress to sustain funding • (FMSA) SB 987 passed the State Senate for CDBG. on June 1, 2016 and was ordered to the State Assembly. On June 20, 2016, however, it failed passage in the GOAL 4: CITY FINANCIAL Revenue & Tax Committee and was subsequently returned to the Chief Clerk STABILITY on Nov. 30, 2016 where it was left inactive. It is essential that the City maintain fiscal stability to be able to deliver high quality services. This requires an effective and transparent financial system, accurate and — Marijuana Regulation and Safety Act reliable forecasting of revenues, an enhanced tax base, (MMRSA) Amendment - Assembly Bill 1575 and control of expenses. (Assembly Member Bonta) proposing term changes in the MMRSA requiring the Board Medical Mariivana Taxation of Equalization to create a working group to (Finance and Management Services Agency) examine strategies including point -of -sale systems to improve financial monitoring of Monitor pending Assembly and Senate Bills: cannabis businesses and would create an enhanced financial monitoring certification - Medical Marijuana Excise Tax - Senate Bill for entities licensed under the MMRSA. 987 (Senator McGuire) seeking to establish a Also, specifies a local ordinance that state excise tax of 15 percent on the regulates cannabis or medical cannabis shall consumption or use of medical marijuana not require the consent of the Department purchased from any retailer in California. of Food and Agriculture. Revenue allocation: 30% to the General Fund; 30% to the Bureau for grant program • (FMSA) AB 1575 was passed by the State administration to distribute grants to local Assembly on June 1, 2016 and ordered agencies that are affected by the regulation to the State Senate. On June 29, 2016 it of medical marijuana activities pertaining to was referred to the Government & the cultivation of marijuana in violation of Finance Committee. However, on state law or local ordinance (upon August 8, 2016 it was referred to the appropriation by the Legislature); 20% to the Committee on Appropriations suspense Department of Parks and Recreation for the file. It was held under submission in stewardship, operation, maintenance, and committee, reported from Senate preservation of state park units, including committee without further action on units operated on behalf of the state by local November 30, 2016, and left inactive. or regional agencies or by nonprofit organizations (upon appropriation by the - Policing Authority for Medical Marijuana Legislature); 20% to counties for drug and Cultivation - Senate Bill 435 (Senator Pan). alcohol treatment programs. Revenue An exemption from the medical marijuana impact: Annual revenue of $251 million. licensing requirements; does not limit or With an operative date of January 1, 2018, prevent local government from exercising its this revenue would be reduced by half to police power authority. $125.5 million in fiscal year 2018 -19. CITY OF SANTA ANA 65A -39 2016 LEGISLATIVE PLATFORM SCORECARD • (FMSA) SB 435 (multi -year bill) passed the State Senate and was ordered to the State Assembly on June 3, 2015. It was referred to the Committee on Health and passed committee on August 31, 2015, but was classified inactive on request of Assembly Member Holden. On January 19, 2016 it was re- referred to the Committee on Health and subsequently reported both from committee and State Assembly without further action. On November 30, 2016 it was left inactive. Renewable Energy Grants (Finance and Management Services Agency) Seek State of California and federal grants or already established funding streams for renewable energy opportunities for City facilities, fleet operations and citywide benefit where applicable: — Solar Energy (photovoltaic arrays) — Cogeneration within Civic Center facilities — Ice Energy — Chiller Replacement — Backup Generator/ Emergency replacement — Alternative fuels vehicle and infrastructure — Cap- and -Trade (funding for public buildings and infrastructure, i.e. transportation) • (FMSA) FMSA has evaluated and received approval from Southern California Edison (SCE) to establish light retrofitting projects at three City library facilities. The retrofit projects are scheduled to begin construction during calendar year 2017. Receivership Actions (Planning and Building Agency) Support legislation which would amend the California Health and Safety Code regarding municipalities' use of receivership actions. Specifically, revise Section 17980.7 to make the recovery of attorney's fees unilateral, rather than to the prevailing party. Support legislation which would amend the California Health and Safety Code Section 17980.7 to allow for first priority of receiver's liens and recovery of City's attorney fees and costs from the receivership estate. Support legislation which would remove the 3- day notice requirement and /or reduce the noticing requirement to service by certified mail. Support legislation which would clarify that unpaid administrative fines can be recovered as special assessments. CITY OF SANTA ANA 15 65A -40 • (PBA) The Code Enforcement Division of the Planning and Building Agency continues efforts to uncover unsanitary conditions and life safety hazards for occupants of residential rental properties. Staff has continued working with property owners, or managers of rental properties to make repairs and conduct preventative building maintenance. These efforts help to prevent deteriorated conditions in rental properties. City staff continues to coordinate with all governmental agencies to inspect and enforce city codes to remedy code violations and to expedite compliance. In 2015, city staff generated structural permits with a valuation of over $1.5 million in improvements to rental properties. In 2016, City Council renewed the Proactive Rental Enforcement Program with support from the Orange County Rental Association. 2016 LEGISLATIVE PLATFORM SCORECARD Sales Tax (Finance and Management Services Agency) Monitor anticipated Professional Services Tax Bill (Senator Hertzberg) replacing previous Senate Bill 8 which would likewise seek to extend the California state sales tax to impose a tax on services to increase revenues. Local jurisdictions would not be authorized to increase sales tax on services, as they are currently able to do. The additional revenues would be collected by the state, and the funds allocated to local government. Health care services, education services and small businesses with under $100,000 of gross sales would be exempt from the sales tax on services. The intent of the legislation is to generate an estimated $10 billion to be used for K -14 education, UC /CSU systems. The bill's other possible impacts are that it may provide additional revenues to local governments and possibly lower personal income tax rates. • (FMSA) SB 1445 was introduced February 19, 2016 as a spot bill to carry forward the prior session's unsuccessful SB 8 sales tax restructuring bill. It was referred to the Committee on Government & Finance and remained there in suspense until it was reported out from committee without further action on November 30, 2016. Internet Tax Freedom Forever Act (Finance and Management Services Agency) On February 11, 2016 federal legislation, opposed by the City and California League of Cities, making the 18 year temporary moratorium on taxation of internet access permanent was appended to the Trade Facilitation and Trade Enforcement Act and passed. To address defective definitional language incorporated in Permanent Internet Tax Freedom Act which could negatively impact the City's telecommunication services Utility Users' Tax (UUT), staff recommends the City adopt a comprehensive administrative ruling and interpretation of the City's UUT Code regarding the bundling of taxable and non - taxable telecommunication services, including internet access. Staff is currently working with the City's Professional UUT Consultants to arrive at a suitable administrative ruling and interpretation to be reviewed by the City Attorney and administratively adopted by the Executive Director of Finance and Management Services before August 31, 2016. • (FMSA) To address defective definitional language incorporated into federal law with the passage of the Permanent Internet Tax Freedom Act (PIFA), City staff working together with the City's Professional Utility Users' tax Consultant, MuniServices, successfully developed a comprehensive administrative ruling and interpretation of the City's Utility Users' Tax Code regarding the bundling of taxable and non - taxable tele- communication services, including internet access. Acting at the same time as over 60 California cities, Santa Ana's administrative ruling was approved by the City Attorney and administratively adopted by the Executive Director of Finance and Management Services on December 22, 2016. CITY OF SANTA ANA 65A6 41 2016 LEGISLATIVE PLATFORM SCORECARD GOAL 5: COMMUNITY HEALTH, LIVABILITY, ENGAGEMENT & SUSTAINABILITY A vibrant community is full of energy and life, characterized by investment in its people, its culture, and its physical environment. Our built environment has a direct effect on the community's overall quality of life. The task of community planning includes envisioning new commercial areas and new neighborhoods that enhance quality of life, as well as improving the neighborhoods we already have in order to create a sense of place and community. Essential to a vibrant community is strong community involvement, the celebration of arts and cultural diversity, and a focus on resource conservation. Water Conservation (Public Works Agency) Staff will continue to seek funding to facilitate water conservation efforts. The State of California continues to experience severe drought conditions. Winter 2015 saw improved hydrologic conditions in parts of California. More rain and snow fell in Northern California as compared to Central and Southern California, yet, due to California's water conveyance systems, concerns over supply reliability have eased even in urban Southern California. Consequently, the City's 12% conservation standard has been adjusted by the State Water Resources Control Board and Governor Brown's May 9, 2016 Executive Order. The new order allows the City to define its individualized conservation standard based on its unique water supply and demand conditions. The City has evaluated its supply portfolio and although we have self- certified to the State a zero percent conservation target, because the drought is not over, the City has elected to reduce water usage by 3% and step down the Phase Two Water Supply Shortage to Phase One Water Supply Shortage allowing residents to water their lawns three days per week and keeping all permanent water conservation measures in full force. In order to achieve the 3% water use reduction, the City will continue with its comprehensive drought outreach plan. • (PWA) Moving to bolster California's climate and drought resilience, Governor Edmund G. Brown Jr. issued an executive order in May 2016 that builds on temporary statewide emergency water restrictions to establish longer -term water conservation measures, including permanent monthly water use reporting, new permanent water use standards in California communities and bans on clearly wasteful practices such as hosing off sidewalks, driveways and other hardscapes. In the latter part of 2016 the State Water Board stressed the need for continued conservation given that Central and Southern California remain in drought conditions despite recent storms. The water conservation target for City customers remains at 3% and all permanent water conservation measures are in full force. Health (Parks, Recreation and Community Services Agency) Advocate for special grant monies for community outreach and education efforts to enhance the public awareness of preventing health issues such as obesity, diabetes, heart disease, and hypertension. CITY OF SANTA ANA 17 65A -42 ® (PRCSA) State and Federal funds were used to develop a new park at Roosevelt /Walker school. The new park 2016 LEGISLATIVE PLATFORM SCORECARD includes a community garden, exercise equipment, basketball courts, jogging track and multi - purpose field which help address health issues and obesity. • (TPA) Townsend Public Affairs monitored funding opportunities through Proposition 47 which provide funding for mental health services, substance use disorder treatment, diversion programs for people in the criminal justice system and other community based supportive services. Mobility (Public Works Agency and Parks, Recreation and Community Services Agency) Support legislation which increases funding and legal support for improved bicycle and pedestrian facilities. Seek special grant monies for outreach and education efforts to enhance walking and biking safety in our town. • (PWA) In 2016, the City applied for over $30 million in grant funding and expects to receive over $25 Million in Active Transportation Program, Highway Safety Improvement Program, and Bicycle Improvement Program Grant funds. ® (PRCSA) Parks and Recreation staff along with County of Orange staff worked together to develop another segment of a Class I bike trail along the Santa Ana Gardens Flood Control Channel. The project is being paid for by the County of Orange and maintained by the City. ® (PRCSA) A mural promoting the importance of sharing the road and pedestrian safety was created at the Corbin Community Center. Community volunteers participated in the mural concept development, design and production. Residential Group Homes (Planning and Building Agency) To protect residential neighborhoods, support legislation which promotes local control of residential groups homes including sober living facilities. (TPA) Townsend Public Affairs provided information to the City regarding AB 2403 (Bloom), which would have required the Department of Health Care Services to deny applications for new sober living facilities in areas of over - concentration. The bill was ultimately held on the Suspense File in the Assembly Appropriations Committee. Sustainable Development (Planning and Building Agency) Seek special grant monies for planning, outreach and education efforts to support sustainable development. Projects may include comprehensive planning efforts, zoning and building code updates and specific planning efforts. • (PBA) The City received monies from Air Quality Management District to help fund sustainable planning programs such as the Metro East Specific Plan Expansion and the Santa Ana General Plan Update. CITY OF SANTA ANA 18 65A -43 2016 LEGISLATIVE PLATFORM SCORECARD Engagement (Parks, Recreation and Community Services Agency and Planning and Building Agency) Seek special grant monies for community engagement. These grant monies may be used to support public outreach on a number of planning efforts including the City General Plan update, historic preservation programs and survey efforts as well as specific planning urban design projects. In addition, monies may be used to support the City's existing Neighborhood Improvement Program community engagement efforts. cl (PRCSA) The library has utilized volunteer assistance and staff expertise to begin creating a drought - tolerant demonstration garden adjacent to the library. The first phase was planted during the Dia de los Nino celebration in 2016. The library plans to continue development of this community resource in 2017, adding plantings and explanatory signage, along with a specialized collection of books to assist residents with developing their own low - water -use gardens. (PBA) This past year the Santa Ana Public Library submitted a grant funding proposal, on behalf of the Santa Ana Civic Atlas to the Knight Foundation. The proposal was not funded, but staff will continue to pursue funding for the Civic Atlas and community engagement in Santa Ana on an ongoing basis. Discuss with state and federal legislature representatives the need to find a funding stream to help the Santa Ana Public Library provide a 5 -year effort to increase voter registration. • (PRCSA) In November 2016, the library's Young Adult Department and its Youth Civic Engagement Interns collaborated with the City Clerk in a city -wide project to outreach to Santa Ana youth, promoting increased voter participation among 18 -24 year olds. GOAL 6: COMMUNITY FACILITIES & INFRASTRUCTURE The City of Santa Ana has the responsibility to install and maintain the basic facilities required for a community to operate including streets, sidewalks and bikeways, sanitary sewers, storm drains, water systems, public buildings and facilities, and collection of solid waste. The City also has an important advocacy role concerning mass transit and public utilities. O.C. Streetcar (Public Works Agency) Seek continued support for the OC Streetcar. The project under consideration is a modern streetcar running from the Santa Ana Regional Transportation Center through Santa Ana's Downtown and Civic Center within mixed flow traffic in city streets and within the Pacific Electric right -of -way to Garden Grove. The OC Streetcar may be extended to the east at the SARTC, and could potentially connect with a OC Streetcar being planned by the City of Anaheim via Harbor Boulevard in Garden Grove. The streetcar will expand regional transportation system benefitting mobility and goods movement as well as providing expanded regional and local economic development opportunities. CITY OF SANTA ANA 19 65A -44 2016 LEGISLATIVE PLATFORM SCORECARD The OC Streetcar has received environmental clearance, and is ready to begin final design. The project environmental analysis was completed including a locally preferred alternative. The final environmental approval was received on January 20, 2015. Orange County Transportation Authority (OCTA) has become the lead agency for the project. OCTA will manage the project's final design, construction, operations, and maintenance. The OC Streetcar has been accepted into project development phase in the new starts Federal grant program. The OC Streetcar alternatives are approximately four miles long with about twelve station stops in each direction. The proposed fleet size is six to seven cars with headway running ten minutes in peak conditions and fifteen minutes off peak. The ridership is expected to reach 6,000 daily boardings during its initial operation, and would result in a reduction of 2,165 vehicle miles traveled per day. The OC Streetcar ridership capacity could respond to increased use and could also expand and extend service. The project serves Santa Ana which is the fourth most densely populated city in the United States, and serves the City's densely populated communities, many of whom (17.8 %) do not own cars and currently use public transportation. The estimated cost of the project is $298 million. Potential Federal funding requests could be from a combination of Congestion Management and Air Quality (CMAQ) programs or New Starts /Small Starts programs totaling over $200 million. If construction begins in Federal Fiscal Year 2016/17, the OC Streetcar Project could be operating by 2020. (H &K) As the County of Orange /City of Santa Ana moves forward to secure a Full Funding Grant Agreement with the Federal Transit Administration, Holland & Knight has continued to work with the City's delegation to include funding in the FY 17 Transportation — Department of Housing and Urban Development Appropriations Bill. While funding in the Senate and House bills provides approximately $75 Million in New Starts funding for the OC Streetcar Project, no final action has been taken on the bills. The Department of Transportation, along with most Federal departments and agencies, has been operating under a Continuing Resolution which expires April 28, pending either an extension of the CR until the end of this fiscal year or final House - Senate conference and passage of the Transportation and other appropriations bills. Getting final passage of the FY 17 Transportation bill is important in order to initiate funding for OC Streetcar Project. The City's delegation with key support from our Senate appropriator remains fully supportive of the Project. Once Congress disposes of the FY 17 appropriations, work on the President's FY 18 budget request will begin. Since his budget is expected to drastically cut the Federal Transit Administration programs including New Starts, the City's advocacy effort with the delegation, while coordinated closely with OCTA, will continue in high gear to gain House and Senate appropriations support for New Start funding of the OC Streetcar Project. Santa Ana Regional Transportation Center (Public Works Agency) Seek funding to repair and upgrade the Santa Ana Regional Transit Center (SARTC). This regional rail facility serves to support an ever - increasing demand for inter - and intra - county CITY OF SANTA ANA 65A -45 2016 LEGISLATIVE PLATFORM SCORECARD rail services resulting from growth in population and employment in the surrounding areas. The SARTC station is the local passenger access location to the OCTA Metrolink Railroad and Amtrak connecting Orange County to other outlying areas of nearby regions, including Los Angeles, the Inland Empire, San Diego and beyond. The SARTC facility is in dire need of bathroom expansion to support the increase station demands and upgrades to modernize them to today's American's with Disabilities Act standards. Other facility needs include improved access and pathways from the facility's perimeter and expanded passenger loading and unloading kiosks /stalls. The estimated cost to complete these improvements is $4 Million. • (PBA) The Public Works Agency has identified approximately $6 million in deferred maintenance and upgrades required at the Santa Ana Regional Transportation Center ( SARTC). SARTC facility needs include the following: restroom upgrade and ADA compliance, a new roof, HVAC system replacement / upgrade, repair / resurfacing of parking lot, exterior and interior painting, electrical and plumbing upgrades, generator replacement, improved access and expanded passenger loading and unloading The Public Works Agency has begun project development for restroom upgrade and ADA compliance. Santa Ana Regional Transportation Center First /Last Mile Connections (Public Works Agency) The need exists to provide regional rail and bus passengers via SARTC the ability to seamlessly travel to and from the Civic Center, Downtown, the Museum District and other employment, cultural, commercial and educational centers. Seek funding to plan and construct first and last mile travel connections including bike lanes and infrastructure, safe and accessible pedestrian routes, and convenient transit facilities. Infrastructure may include protected bike lanes, bike lockers and racks, new sidewalk and access ramps, upgraded bus shelters. Programs and planning efforts could include educational campaigns, travel safety advertisements, and community based complete streets planning. Support Federal, State and regional funding programs and policies which would facilitate first and last mile connections, such as Active Transportation Program, Highway Safety Improvement Program, and the Compass Blueprint Program. • (PWA) New bicycle parking was installed at the Santa Ana Regional Transportation Center utilizing funding from the Orange County Transportation Authority's Bicycle Corridor Improvement Program. • (PWA) Funded through the Affordable Housing and Sustainable Communities Program, the Bush Street Bicycle Boulevard extends connections from the SARTC north toward 17th Street. ® (PWA) Through funding from the Active Transportation Program, pedestrian improvements were made to enhance connectivity along First Street through Downtown Santa Ana. ® (PWA) Davis Elementary School's 'Safe Routes to School' program funded through the Active Transportation Program included the installation of CITY OF SANTA ANA 21 65A -46 2016 LEGISLATIVE PLATFORM SCORECARD pedestrian improvements throughout the neighborhood to the north of the Santa Ana Regional Transportation Center. Grade Separations (Public Works Agency) Grade separation projects allow incompatible mobility modes to intersect without impeding with one another. These types of projects work with existing transportation systems to greatly improve multimodal mobility and goods movement, and also result in reduced congestion, improved air quality, and reduced dependence on fossil fuels. Three separate grade separation projects are in or have completed the conceptual engineering and environmental analysis phase. The three projects are located on Santa Ana Boulevard, Grand Avenue, and 17th Street. The three currently intersect with railroad tracks carrying Amtrak and Metrolink commuter traffic, and Union Pacific Railroad freight cars. - Daily rail traffic is now 75 trains per day and is expected to increase to 110 per day by the year 2035. The grade separation projects are essential to allow for future and current commuter and goods movement, and maintain and improve train, pedestrian and bicycle mobility, and safety. The City of Santa Ana is the lead for the Santa Ana Boulevard project. This is a unique Grade Separation Plaza because it allows and encourages mass pedestrian and bicyclist traffic to safely cross rail tracks adjacent to the Santa Ana Regional Transit Center (Amtrak and Metrolink station). It would also allow for the extension of the OC Streetcar across the rail tracks without any additional infrastructure but the streetcar line. - The Santa Ana Boulevard Grade Separation Plaza is estimated to cost $73.3 million and the environmental clearance was completed September 2014. The environmental clearance places this project in 18th place on the state's priority list. The roadway carries over 20,000 vehicles per day within a very congested segment of roadway adjacent to an interchange with 1 -5 freeway. In addition, 54 school buses and 309 passenger buses cross the rail tracks. Staff seeks Federal funding support either through the Orange County Transportation Authority or independently for 100% of the project construction cost through Regional Surface Transportation Program, CMAQ, Demonstration, and Federal Section 130 funds. OCTA has been the lead agency for the planning and environmental studies of the other two grade separations at (2) Grand Avenue and (3) 17th Street. It's anticipated that they will seek funding to implement those two projects. Automated Meter Infrastructure (Public Works Agency) The City supplies potable water to over 45,000 customer accounts which include all of the City's 324,000 plus residents, business, and institutions. All customer accounts are metered by traditional dummy meters which record water usage mechanically and are manually read every two months. The City is committed to pursuing Automated Meter Infrastructure (AMI) and converting all meters to new smart meters capable of detecting leaks and allows customers to manage their water consumption on a daily basis. The proposed system will have customer engagement which will generate notifications such as excessive water use, irregular consumption patterns, and most importantly water leaks. The system is planned CITY OF SANTA ANA 22 65A -47 2016 LEGISLATIVE PLATFORM SCORECARD to be completely wireless and accessible through the Web. This is a key water conservation project. The City has awarded a contract to perform a feasibility study and implementation plan. Full AMI conversion and implementation costs are estimated to be in the range of $14 million. Staff will continue to seek funding for automated meter infrastructure. • (PWA) The Public Works Agency has been actively seeking funding for this project. Replacement Water Wells (Public Works Agency) The City supplies up to 70% of water demand via a system of groundwater wells. A number of these wells are aging and no longer produce the quantity or quality of water they once did. In order to sustain the quantity and quality of water for the community at the lowest cost possible, it is essential to retain our groundwater pumping capacity. A need exists to drill and equip new replacement wells. Asa regional aquifer, this project would also protect the integrity of the aquifer for other water producers. The City is in the process of acquiring a site and has prepared a preliminary feasibility study for up to two new replacement wells. The replacement well improvements are estimated to be in the cost range of $7 million. Staff will continue to seek funding for the replacement of water wells. • (PWA) The Public Works Agency received funding for the purchase of replacement water wells and is awaiting approval from the City Council for the sale. • (PWA) The site for a new replacement well has been located and the feasibility study has been completed. The Public Works Agency will seek the City Council's approval for the site location in 2017. Reclaimed Water System Master Plan (Public Works Agency) The Orange County Water District (OCWD) owns and operates a reclaimed water system, a portion of which traverses through parts of Santa Ana. Santa Ana properties may connect to the reclaimed water system, where available. Currently only a limited number of parcels have access to the system as the reclaimed water pipelines only exists in a limited area. The City is considering commissioning a reclaimed water system master plan to identify opportunities to expand the system to serve reclaimed water demands. The OCWD has tentatively committed to supply additional reclaimed water but Santa Ana will have to fund construction costs associated with expanding the system. The reclaimed water master plan is estimated to cost $100,000. The cost to construct additional reclaimed water pipeline is estimated to be $1.25 million per mile. Staff will seek funding to develop a reclaimed water system master plan. ® (PWA) The Public Works Agency has actively applied for grant funds. Bristol Street (Public Works Agency) The City of Santa Ana has been in the process of improving 3.9 miles of Bristol Street between Warner Avenue and Memory Lane in conformance with the City's General Plan, and OCTA's Master Plan of Arterial Highways. The project adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well additional turn lanes and bus turnouts at major intersections. The completed or near completed portions of the project total over 2.5 miles. CITY OF SANTA ANA 23 65A -48 2016 LEGISLATIVE PLATFORM SCORECARD OCTA has funded construction of the remaining segments between Warner Avenue and 17th Street. However, no funding sources exist for the portion between 17th Street and Elm Street (the north -most half mile), which handles an average of 48,000 vehicles per day. The estimated cost for this segment is $40 million. Depending on future federal funding programs, the City would anticipate a request of up to one half, or $20 million of total project cost. • (PWA) Current Bristol Phases for improvements consist of three segments: 1) Bristol from Civic Center to Washington Street; 2) Bristol from Washington Street to 17th Street; 3) Bristol from Warner Avenue to St. Andrew Place. • (PWA) The City acquired properties along Bristol St. and continued to make improvements. The upcoming construction schedule includes work from Civic Center to St. Andrew Place. Alton Parkwav (Public Works Agency) The City of Santa Ana has been the lead agency in coordinating the design and environmental clearance of the Alton Parkway Grade Separation. Alton is part of the Master Plan of Arterial Highways, and the proposal is to cross over SR -55. The roadway would expand regional connectivity, benefitting mobility and goods movement as well as providing expanded regional and local economic development opportunities, and significant benefits to local Santa Ana businesses located in the fringes of this project. Coordination with neighboring Irvine has been completed. This project's design / environmental phases were previously done but need to be updated per the latest state requirements. This will take an estimated 8 -12 months to update. $55 million in construction and right -of -way funding is needed to implement this project. Half of this funding would be requested through the Measure M Regional Capacity Program with the remaining $22.5 million from Federal or other sources. • (PWA) Funding was not available through the Measure M Regional Capacity Program in 2016. The Public Works Agency will continue to seek grant funding for the right -of -way and construction phases of the project. Grand Avenue (Public Works Agency) The City has a project to widen Grand Avenue between 1st Street and 17th Street. The project, similar to Bristol, adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well as additional turn lanes and bus turnouts at major intersections in conformance with OCTA and City plans. The initial 900 -foot segment between 1st Street and 4th Street began construction earlier in 2014 and was completed in 2015. Except for design phase funding, no funding has been identified for the remaining 4,300 feet, estimated to cost $49 million. A Federal $24 million grant to match the anticipated future OCTA Measure M2 funding could cover construction and project delivery. • (PWA) The initial 900 -foot segment between 1st Street and 4th Street was completed in 2015. The remaining segment from 4th Street to 17th Street is in the design phase and should be completed by the end of 2017. CITY OF SANTA ANA 24 65A -49 2016 LEGISLATIVE PLATFORM SCORECARD Warner Avenue (Public Works Agency) The City finalized the Environmental Impact Report (EIR) in 2015 to widen Warner Avenue between Main Street and Grand Avenue. The project, similar to Bristol Street and Grand Avenue, adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well as additional turn lanes and bus turnouts at major intersections in conformance with OCTA and City plans. The project's cost is estimated at $60 million for design, right -of -way, and construction phases. OCTA has funded the design phase and a portion of right -of -way for Phase I (Main Street to Oak Street). Staff seeks the remaining funding of $53 million through federal support independently or via OCTA. • (PWA) in October 2016, the Public Works Agency applied for the remaining balance of right -of -way funding for the segment from Main Street to Oak Street and design funding for the segment from Oak Street to Grand Avenue through the Orange County Transportation Authority's (OCTA) Regional Capacity Program (RCP), The OCTA Board of Director will review and approve the funding for RCP in March 2017. Fairview Bridge (Public Works Agency) Fairview Street is planned for three lanes in each direction on the City's General Plan and OCTA's Master Plan of Arterial Highways. However, because the Fairview Bridge over Santa Ana River is only about 50 feet wide, the roadway can accommodate only two lanes in each direction. Further, the bridge lacks separated sidewalks and the barrier rail does not meet current standards. For a similar project (First Street Bridge), the City received Federal funding to cover half the cost to replace and widen the bridge. For the Fairview Bridge, the cost is conceptually estimated at about $14 million, 88.53% of which could be requested through the Federal Highway Bridge Replacement and Rehabilitation program with matching funds requested through OCTA Measure M2. To receive federal funding, the segment would need to be cleared under the National Environmental Policy Act. • (PWA) In 2016, City applied for additional Federal Highway Bridge Replacement and Rehabilitation funding ($1.6 million) to replace the bridge. it is anticipated that the funding will be received by the spring of 2017. GOAL 7: TEAM SANTA ANA The City continues to face increasing demands for service with limited resources. This challenge provides an opportunity for the organization to become innovative and efficient in the delivery of City Services. Success in this effort requires that the City retain and attract experienced, motivated employees who are committed to engaging and serving the community. Additionally, improving interdepartmental and community lines of communication will ensure greater transparency and community engagement. Transparency and Engagement (City Manager's Office) Support federal /state legislation that allows the City to promote greater transparency and community engagement. • (CMO) the City has increased and improved transparency and engagement throughout the community by adhering to the Sunshine Ordinance, publishing the Strategic Plan, providing open data CITY OF SANTA ANA 25 65A -50 2016 LEGISLATIVE PLATFORM SCORECARD platform on City's financial information & budget, conducting community budget meetings, leading meetings with the community to gain input on the General Plan Update, hosting neighborhood association meetings, agendizing monthly updates on Public Works projects, sharing information to the community via Nixie and other social media platforms. Open Data Platform (Clerk of the Council) Seek funding to implement an Open Data Platform (ODP) which will increase transparency, access to public information, and improve coordination and efficiency among City agencies and partner organizations. Through the implementation of the ODP, the public will be able to access meaningful data on one web page, create reports and download information including building permit activity, crime reports, budget information, and land use data. Allowing the public to access, visualize, and sync to public information promotes a new kind of civic engagement and allows them to provide valuable feedback on local issues. An Open Data Platform will promote government transparency and openness by giving residents, visitors, and business access to all City public records. « (IT) Software demonstrations have been scheduled with five Open Data platform vendors in order to evaluate the functionality of their systems and obtain price quotes. Discussions have begun with City departments to identify specific data sets which can be made available. Technology (Information Technology) Support federal /state legislation which allows the City to promote innovation and efficiency through greater use of technology. Protect local government franchise fees and core local functions such as the Public, Educational and Government Programs channels (PEG). Protect local government's right of way use from unsightly and potentially hazardous equipment placement by telecommunications companies. Legislative Agenda (City Manager's Office) The City will recommend an annual legislative agenda consistent with the Strategic Plan. CITY OF SANTA ANA 26 65A -51 (CMO) The City Council Legislative Council Committee met twice throughout 2016 in concurrence with State and Federal lobbyist to solidify the annual legislative agenda consistent with the Strategic Plan. 65A -52