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HomeMy WebLinkAbout FULL PACKET_2018-06-5MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 15, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 4:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES (5:15 PM) VICENTE SARMIENTO (*Left at 4:57 PM) JOSE SOLORIO (5:17PM) SAL TINAJERO (5:02 PM) JUAN VILLEGAS COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager SON [A R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS Tim Johnson, addressed the City Council to find solution to the problems of the City and homeless problems. Urged City Council to work with the county and all Orange County cities. COUNCIL RECESSED to Room 147 for Closed Session discussion at 4:11 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: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) CITY COUNCIL MINUTES MAY 15, 2018 10A-1 b. Theresa Le v. City of Santa Ana: Maria Huizar. Clerk of the Council Orange County Superior Court, Case No. 30-2018-00988425-CU-CR-CJC 2. CONFERENCE WITH LEGAL COUNSEL — POSSIBLE INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One Case 3. CONFERENCE WITH LEGAL COUNSEL - THREAT OR POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(d)(2): One Case 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 2467 N. Riverside Drive; Santa Ana, CA; APN is 002-050-05; Area is 4283 Square Feet (0.098 Acre) Owners: Eugen Charles Andres, III and Ann Avery Andres Negotiators: City Manager Raul Godinez II Terms: Conditions of potential sale. 5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Peter Brown, Liebert Cassidy and Steven V. Pham, Executive Director of Personnel Services Employee Organizations: Santa Ana Police Officers Association (POA) *Councilmember Sarmiento left meeting at 4:57 p.m. and did not return. CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION. AT 6:26 P.M. CITY COUNCIL MINUTES 2 MAY 15, 2018 10A-2 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:28 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: VICENTE SARMIENTO STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION VINCENT BARRINGER, POLICE CHAPLAIN CEREMONIAL PRESENTATIONS - CONSIDERED OUT OF ORDER • LEGISLATIVE UPDATE by State Senator Janet Nguyen. • PROCLAMATIONS presented by MAYOR PRO TEM MARTINEZ naming May as National Bike Month and recognizing the Ride of Silence. • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Santa Ana Building Healthy Communities Leadership Institute in recognition of contributions to the community. • PROCLAMATION presented by MAYOR PULIDO naming May 21st through May 27th, 2018 as National Public Works Week. • PROCLAMATION presented by COUNCILMEMBER VILLEGAS naming May as Drowning Awareness Prevention Month. CITY COUNCIL MINUTES 3 MAY 15, 2018 10A-3 CLOSED SESSION REPORT- See Agenda Item 19A for reportable action. PUBLIC COMMENTS — None. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items 10A through 29A, with the following modifications: • Councilmember Solorio, supportive of matter, but requested clarification on Agenda Item 23A. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES SECOND: Villegas Benavides, Pulido, Solorio, Tinajero, Villegas (5) Martinez (1) None (0) Sarmiento (1) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE SPECIAL MEETING OF APRIL 25, 2018 {Strategic Plan No. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE REGULAR MEETING OF MAY 1, 2018 {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION: Approve Minutes. 10C. MINUTES FROM THE ADJOURNED MEETING OF MAY 3, 2018 {Strategic Plan No. 5, 1} — Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 4 MAY 15, 2018 10A-4 ORDINANCES/SECOND READING 11A. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 10-700, 10-701,10-702 AND 10-703 TO THE SANTA ANA MUNICIPAL CODE RELATED TO AGGRESSIVE OR INTRUSIVE SOLICITATION {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Placed on first reading at the May 1, 2018 City Council meeting and approved by a vote of 6-0 (Tinajero absent) Published in the Orange County Reporter on May 4, 2018. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2945 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ARTICLE XII OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO AGGRESSIVE OR INTRUSIVE SOLICITATION "Mayor Pro Tern Martinez dissented and Councilmember Sarmiento absent. BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATE DANIEL OREGEL TO THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE FOR A PARTIAL -TERM EXPIRING DECEMBER 11, 2018 AS THE MAYORAL REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Daniel Oregel to the Environmental and Transportation Advisory Committee as the Mayoral representative (replaces T. Morrissey). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office CONFERENCE WITH LEGAL COUNSEL — POSSIBLE INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: MOTION: City Council authorized the filing of a Test Claim with the Commission on State Mandates seeking reimbursement of costs associated with the compliance of the State Trash Order issued by the Santa Ana Regional Water Quality Board by a vote of 6-0 vote (Sarmiento absent). 19B. EXCUSED ABSENCES — None CITY COUNCIL MINUTES 5 MAY 15, 2018 10A-5 19C. QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2018 {STRATEGIC PLAN NO. 4, 1 D} — Finance and Management Services Agency MOTION. Receive and file. 19D. STRATEGIC PLAN MONTHLY REPORT FOR APRIL 2018 {STRATEGIC PLAN NO. 5, 1} - City Manager's Office The Strategic Plan Monthly Reports are available on the City's website at: hftp://www.santa-ana.org/strategic-planning/. MOTION. Receive and file. 19E. DESTRUCTION OF OBSOLETE CITY RECORDS {Strategic Plan No. 5, 11 — Police Department MOTION. Approve the request for the destruction of obsolete records from the Police Department in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 19F. CRIME REPORT UPDATE AND COMPARISON FROM CALENDAR YEAR 2016 TO 2017 {STRATEGIC PLAN NO. 1, 1f — Police Department MOTION: Receive and file. r BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE APPROPRIATION ADJUSTMENT AND PURCHASE AGREEMENT FOR VACANT LAND FOR FUTURE WATER WELL FACILITY LOCATED AT 202 SOUTH FLOWER STREET (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 11 — Public Works Agency MOTION: CITY COUNCIL MINUTES 6 MAY 15, 2018 10A-6 1. Authorize the City Manager and Clerk of the Council to execute a purchase agreement for the real property located at 202 South Flower Street (APN 008-213-32), and goodwill, if any, with Thang T. Nguyen, in an amount of $200,000, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-122). 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-154 - Recognizing $200,000 from prior year fund balance in the Water Utility revenue account, and appropriating the same into the Water Utility Capital Projects expenditure account. GRANTS/APPLICATIONS 21A. RECOGNIZE RECEIPT OF COUNTY OF ORANGE PROP 69 FUNDS FOR REPLACEMENT OF THE POLICE DEPARTMENT'S EVIDENCE FREEZER/REFRIGERATOR {STRATEGIC PLAN NO. 1, 1) — Police Department MOTION: Recognize receipt of $100,000 in County of Orange Prop 69 grant revenue in the Police Special Revenue Fund. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 18-032 - CONTRACT AWARD TO OLD AMERICAN, INC. FOR HEWLETT PACKARD SUPPORT CONTRACT RENEWAL {STRATEGIC PLAN NO. 6, 1F) - Finance and Management Services Agency; and Information Technology Department MOTION: Authorize a one-time purchase and payment of purchase order to Old American, Inc. for the purchase of Hewlett Packard support contract renewal in the total amount $39,432 subject to non -substantive changes approved by the City Manager and City Attorney.. PROJECTS/CHANGE ORDERS 23A. AWARD CONTRACT TO ALL AMERICAN ASPHALT FOR SLURRY SEAL IMPROVEMENTS ON FLOWER STREET FROM SUNFLOWER AVENUE TO MACARTHUR BOULEVARD, AND ON MACARTHUR BOULEVARD FROM RAITT STREET TO BRISTOL STREET (PROJECT NOS. 18-6916 & 18-6917) {STRATEGIC PLAN NOS. 6, 1 B, 1 C & 1 G) — Public Works Agency *Councilmember Solorio supported item, however, later in the meeting he pulled item during the Business Calendar section for additional clarification and comment. CITY COUNCIL MINUTES 7 MAY 15, 2018 10A-7 MOTION. 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $569,366, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Slurry Seal Improvements on Flower Street from Sunflower Avenue to MacArthur Boulevard, and on MacArthur Boulevard from Raitt Street to Bristol Street, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $829,082, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of$174,311. AGREEMENTS 25A. APPROVE AGREEMENT WITH BLUE TECHNOLOGIES SMART SOLUTIONS TO INSTALL AND IMPLEMENT MANAGE DOCUMENT MANAGEMENT SYSTEMS {STRATEGIC PLAN NO. 7,5 } - City Attorney's Office and Information Technology Department MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Blue Technologies Smart Solution (BTSS), upon approval by the City Council, to install and implement iManage Document Management Systems, for a term beginning June 1, 2018 through July 31, 2021, subject to non -substantive changes approved by the City Manager and City Attorney. The June 1, 2018, start date reflects the implementation period with a scheduled start date for the !Manage system to be functional by August 1, 2018. The effective period for the iManage subscription will be a three (3) year period from August 1, 2018 until July 31, 2021. The total amount to be expended for the term of the agreement shall not exceed $120,845, which includes a contingency amount of $12,000 to pay for additional services related to the implementation costs (AGMT. No. 2018-123). 25B. APPROVE AN AGREEMENT AMENDMENT WITH VALLEY MAINTENANCE CORPORATION FOR CUSTODIAL SERVICES AT PACIFIC ELECTRIC PARK AND SANTA ANA ZOO {STRATEGIC PLAN NO. 6, 1 B) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Valley Maintenance Corporation to provide custodial services at Pacific Electric Park and Santa Ana Zoo by increasing the annual agreement amount by $26,823, which includes a 10% contingency, for a term from June 1, 2018 through May 31, 2019, with CITY COUNCIL MINUTES 8 MAY 15, 2018 10A-8 two, one-year renewal options, for a total cost of $1,141,487 over the term of the contract, including renewals, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-124). 25C. APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION AGREEMENTS {STRATEGIC PLAN NOS. 5, 2; 5, 31 — Planning and Building Agency MOTION. Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the below -referenced property owners for the identified structures, subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Property Address/House Agmt. No. Preservation Agmt. No. Douglas J. Myers & 2017-47 2440 North 2018-125 Joanne Larens Riverside Drive Mark, Erwin & 2617-49 2370 North Flower 2018-126 Beverley Street Schauwecker Blair O'Callaghan 2017-52 321 East Santa 2018-127 Clara Avenue 25D. APPROVE A LETTER OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES TO PAY OUTSTANDING INVOICES FOR ADULT CROSSING GUARD SERVICES {STRATEGIC PLAN NO. 1, 1} — Police Department MOTION. Authorize the City Manager and Clerk of the Council to execute a letter agreement with All City Management Services Inc. (ACMS) to add additional funds to agreement #A-2015-054, which will cover the cost of three remaining invoices totaling $74,846.47, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-128). 25E. AGREEMENT AMENDMENTS WITH WM CURBSIDE AND WELLDYNE/RX FOR HAZARDOUS WASTE COLLECTION SERVICES {STRATEGIC PLAN NO. 4, 1 & 51 — Public Works Agency MOTION. 1. Authorize the City Manager and Clerk of the Council to execute the amended agreement with WM Curbside, LLC, for residential universal waste collection by amending the term of the existing agreement to expire on June 30, 2020, with a one-year extension option, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-129). CITY COUNCIL MINUTES 9 MAY 15, 2018 10A-9 2. Authorize the City Manager and Clerk of the Council to execute the amended agreement with WM Curbside, LLC, for battery recycling by amending the term of the existing agreement to expire on June 30, 2020, with a one-year extension option, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-130). 3. Authorize the City Manager and Clerk of the Council execute the amended agreement with WeIIDyneRx for medical sharps disposal services by amending the term of the agreement to expire on June 30, 2020, with a one-year extension option, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-131). MISCELLANEOUS - BUDGET 29A. DONATION AGREEMENT WITH LATINO CENTER FOR PREVENTION AND ACTION IN HEALTH AND WELFARE TO SUPPORT THEIR COMMUNITY EVENT {STRATEGIC PLAN NO. 5, 41 — Councilmember Benavides MOTION. Authorize the City Manager and Clerk of the Council to execute an agreement with the Latino Center for Prevention & Action in Health & Welfare in support of the Latino Health Access 5k Health Walk, in a one- time donation amount of $1,500 subject to non -substantive changes approved by the City Manager and the City Attorney. **END OF CONSENT CALENDAR** REGULAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A. ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 2 AND CHAPTER 9 OF THE SANTA ANA MUNICIPAL CODE TO CHANGE REFERENCES TO PERSONNEL SERVICES TO HUMAN RESOURCES {STRATEGIC PLAN NO. 7, 71 — Personnel Services Agency MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2946 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER NINE AND CHAPTER TWO OF THE SANTA ANA MUNICIPAL CODE TO CHANGE EXECUTIVE DIRECTOR OF PERSONNEL SERVICES TO EXECUTIVE DIRECTOR OF HUMAN RESOURCES CITY COUNCIL MINUTES 10 MAY 15, 2018 10A-10 MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Pulido Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) 50B. APPROVE ORDINANCE AMENDMENT NO. 2018-03 TO REVISE THE FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION {STRATEGIC PLAN NO. 5, 11 — Planning and Building Agency Historic Resources Commission approved recommended action on April 26, 2018 by a vote of 8-0. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2947 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-372 OF ARTICLE IV, DIVISION 2.5, OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN THE FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) 55A. APPROPRIATION ADJUSTMENT, RESOLUTION AND ACCEPTING FISCAL YEAR 2017 EMERGENCY PERFORMANCE GRANT (EMPG) {STRATEGIC PLAN NO. Police Department CITY COUNCIL MINUTES 11 AGREEMENT MANAGEMENT 1, 2E, 2F, 6C} — MAY 15, 2018 10A-11 MOTION: 1. Approve an appropriation adjustment. (Requires rive affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-155 - Recognizing $49,326 in Emergency Management Performance Grant (EMPG) funds in the Law Enforcement Grants revenue account, and appropriating same to the Emergency Management Performance Grant expenditure account. 2. Adopt a resolution. RESOLUTION NO. 2018-033 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OF HIS DESIGNEE(S) TO OBTAIN 2017 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE 3. Authorize the City Manager and the Clerk of the Council to execute a one-year agreement with the County of Orange, for the period of July 1, 2017 through June 20, 2018, for the EMPG Grant in an amount not to exceed $49,326, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-132). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) ADMINISTRATIVE MATTERS - BUSINESS 60A. CONSIDERATION OF A DENSITY BONUS AGREEMENT TO ALLOW A 418- UNIT AFFORDABLE SENIOR RENTAL COMMUNITY WITH AFFORDABLE HOUSING LAND CONSULTANTS, INC. FOR PROJECT AT 2222 EAST FIRST STREET {STRATEGIC PLAN NOS. 3, 2; 5, 3} — Community Development Agency and Planning and Building Agency Planning Commission approved recommended action on September 11, 2017 by a vote of 5:2 (Contreras -Leo and Nguyen dissented). Continued from the May 1, 2018 City Council meeting by a vote of 7-0. MOTION: At the request of the applicant, table indefinitely. CITY COUNCIL MINUTES 12 MAY 15, 2018 10A-12 MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) 60B. APPROVE A RENEWAL OF THE EMERGENCY SOLUTIONS GRANTS PROGRAM FOR FISCAL YEAR 2018-2019 {STRATEGIC PLAN NO. 5, 61 - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on March 28, 2018 by a vote of 4-0 (Cann and Santana absent). Continued from the May 1, 2018 City Council meeting by a vote of 6-0 (Tinajero absent). MOTION: Approve as recommended by staff. * 1. Approve a renewal of the Emergency Solutions Grants Program for Fiscal Year 2018-2019 in the amount of $475,700 from the United States Department of Housing and Urban Development. 2. Select option below regarding funding for the nonprofit organizations: A. Award the second year of funding to all the organizations as recommended by the Orange County Emergency Solutions Grants Collaborative in the amounts identified below in Recommended Action # 3; 3. Direct the City Attorney to finalize and 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 nonprofit organizations awarded funds as part of the approved program for a term beginning July 1, 2018 through June 30, 2019, subject to non - substantive changes approved by the City Manager and City Attorney. Oroanization AmountNonprofit 1. Interval House 42,134 2. Illumination Foundation $136,089 3. Cit Net 46,127 4. Mercy House $106,673 CITY COUNCIL MINUTES 13 MAY 15, 2018 10A-13 Nonprofit Oroanization Amount 5. WISEPlace 24,973 6. SAPD HEART Program) 47,627 7. Colette's Children 22,127 8. 2-1-1 Oran e County $ 14273 Total for Nonprofit Organizations $ 440,023 Administration 35,677 TOTAL $475,700 MOTION: Tinajero SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Solodo, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) MOTION TO RECONSIDER: Item 60B-2 and 60B-3: MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) Mayor Pro Tern requested to increase funding to key programs that the City is working with such as Illumination Foundation and Mercy House and remove funding from Colette's Children due to the current crises the City is facing. AMENDED MOTION. Add and additional amount of $11,000 to Illumination Foundation and $11,000 to Mercy House; and remove funding from Colette's Children. 1. Reallocate and award different amounts to the organizations CITY COUNCIL MINUTES 14 MAY 15, 2018 1OA-14 recommended by the Orange County Emergency Solutions Grants Collaborative in the Recommended Action # 3, up to the maximum total of $440,023; 2. Direct the City Attorney to finalize and 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 nonprofit organizations awarded funds as part of the approved program for a term beginning July 1, 2018 through June 30, 2019, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-133). Nonprofit Organization Amount AGMT. No. 1. Interval House $ 42,134 2018-133-01 2. Illumination Foundation (Increased by $11,000.) $ 147,089 * 2018-133-02 3. CityNet $ 46,127 $ 2018-133-03 4. Mercy House (Increased by $11,000.) $ 117,673 * 2018-133-04 5. WISEPlace $ 24,973 2018-133-05 6. SAPID (HEART Program) $ 47,627 2018-133-06 7. 2-1-1 Orange County $ 14,273 2018-133-07 Total for Nonprofit Organizations $ 439,896 Administration $ 35,677 TOTAL $ 475,573 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Benavides, Martinez, Pulido, Tinajero, Villegas (5) Solorio (1) None (0) Sarmiento (1) *23A. Councilmember Solorio supported item 23A, however pulled item during the Business Calendar section for additional clarification and comment. Councilmember Solorio, requested update on implementation of project labor agreement for city-wide infrastructure projects and asked if this contract included local hire provisions and other items that were approved by City Council. Noted local hire provision requires 30% of workforce to be Santa Ana CITY COUNCIL MINUTES 15 MAY 15, 2018 10A-15 residents. Directed staff to bring to City Council data of actual number of hires related to those contracts in six months. Executive Director Galvez, noted community workforce agreement has been implemented since December 2017, outlined threshold limits, highlighted awarded contracts that meet or exceed the threshold have been union contracts, and noted city consultants administer non -union contracts. PUBLIC HEARING AGENDA ITEM 75B CONSIDERED OUT OF ORDER TO MAKE AN ANNOUNCEMENT. 75B. PUBLIC HEARING: AMEND COUNCIL WARD BOUNDARIES AND INTRODUCTION OF ORDINANCE TO AMEND SAME (STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office Legal Notice of Resolution No. 2018-032 declaring City's intent to consider changes to boundary lines of wards published in the Orange County Register on May 4, 2018 and May 11, 2018. In addition, legal notices regarding public hearings to be heled on May 15 and May 19, 2018, published in the Orange County Register on May 4, 2018 and May 11, 2018; La Opinion on May 9, 2018, Nguoi Viet on May 8, 2018; Chinese Daily on May 9, 2018; and Korea Times on May 8, 2018. Mayor Pulido, noted public hearing will not be heard and directed City Clerk to make announcement. City Clerk Huizar, announced public hearing is canceled. AGENDA WORK STUDY SESSION ITEM ONE CONSIDERED OUT OF ORDER FOR PUBLIC COMMENT ONLY AT THE REQUEST OF COUNCILMEMBER BENAVIDES. WORK STUDY SESSION — Public Comment Only WS-1. FISCAL YEAR 2018-19 PROPOSED BUDGET - Finance and Management Services Written communication received and distributed; the following spoke on the matter: 1. Alexis Teodoro, addressed City Council to present five key values to consider when deciding how to allocate city funds. Opined although the City is in a budget hole, believes pie is big enough to be sliced equitably and city cannot place cost of being in the hole on the back of the residents. 2. Emily Perana, opined Invest in Youth agendas goal is to reinvest budget towards achieving vision to support all Santa Ana youth CITY COUNCIL MINUTES 16 MAY 15, 2016 10A-16 3. Deyaneira, urged City Council to reconsider how money is invested, need to divest from criminalizing youth, invest in youth growth, and need invest all marijuana revenue in holistic and restorative youth programs. AGENDA ITEM 75C CONSIDERED OUT OF ORDER. PUBLIC HEARING 75C. PUBLIC HEARING: AMENDMENT APPLICATION NO. 2018-02, GENERAL PLAN AMENDMENT NO. 2018-02 AND THIRD AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1999-01 FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT AT 1202 WEST EDINGER AVENUE — PATRICK MURPHY, APPLICANT {STRATEGIC PLAN NO. 3, 2; 3, 51 — Planning and Building Agency Planning Commission approved recommended action on April 23, 2018 by a vote of 6-1 (Nguyen dissented). Legal Notice published in the Orange County Reporter May 4, 2018 and notices mailed on May 3, 2018. Mayor Pulido opened the Hearing. Written communication received and distributed; the following spoke on the matter: 1. Patrick Murphy, on behalf of Mater Del High School, provided City Council with Mater Del redevelopment plan update and historical background. Noted Mater Del High School is not asking City of Santa Ana to spend general budget funds. Requested City Council to look at Measure M2 and State SB1 for funding. 2. Andres Garcia, expressed support for Mater Dei High School. Opined project will greatly help Mater Dei students and the surrounding community. 3. Martin D. Lopez, representing Mater Dei High School, opined Mater Dei invests in youth and in the community, and requested City Council to support the initiative. The Hearing Closed and Council discussion ensued. Councilmember Tinajero, asked staff to clarify $1.7 million cap. Opined City cannot in good conscious give Mater Dei money while public school's programs need help and prior difficulty in having city work with school board to build public schools. Expressed need to protect interest of residents and project should not be funded at the expense of the residents. City Manager Godinez, II, noted cap represents request to City to participate in construction of offsite improvements, SB1 yearly requirements for approval, and provided alternatives to reduce project cost. Informed City Council of communications with OCTA requesting additional funding, OCTA offer to assist CITY COUNCIL MINUTES 17 MAY 15, 2018 10A-17 within the current plan budget, OCTA inability to provide additional funding, and alternative funding and project assistance. Councilmember Solodo, expressed support for entitlements, recommended action item 2 and 3. Directed staff to research what new gas tax monies from SB1 or CIP may be allocated to project. Asked City Council to consider a variety of options to consider at the June 5, 2018 City Council meeting. Opined need to support all schools. Mayor Pro Tem Martinez, expressed support for Mater Del High School. Noted city structural deficit is alarming. Opined city is not in a good position, need to balance revenue and expenses, and City of Santa Ana should not be a full service city. Noted commitment to hold City Council and staff accountable in the decisions made and expressed opposition to project. Councilmember Benavides, noted city is in a difficult position, spirit of previous agreement indicated no use from general funds, benefits of having school in Santa Ana, and need to look for ways to stand behind Mater Del High School. Opined some of the improvements requested would be something the City would have to prepare for anyway and improvements would benefit residents and community. Councilmember Villegas, opined drug use on adjacent lot must be addressed, residents looking forward to having parking structure, and need to find a way to work together. Mayor Pulido, opined City of Santa Ana has historically supported private and public sector education, addition of value to community, and Mater Del project enhances neighborhood. Noted Bristol Street widening project contingency funds may be used at the discretion of the city and possibility of using contingency funds towards project. MOTION: 1. Direct staff to bring back in two weeks options to fund public improvements supporting the Mater Del High School parking structure expansion project. 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2948 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT 3. Adopt a resolution. CITY COUNCIL MINUTES 18 MAY 16, 2018 10A-18 RESOLUTION NO. 2018-034 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-02 AMENDING THE GENERAL PLAN LAND USE DESIGNATION OF NINETEEN (19) PARCELS LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT MOTION: Solorio SECOND: Benavides VOTE: AYES: Benavides, Pulido, Solorio, Villegas (4) NOES: Martinez, Tinajero (2) ABSTAIN: None (0) ABSENT: Sarmiento (1) AGENDA ITEM 75A CONSIDERED OUT OF ORDER. PUBLIC HEARING 75A. PUBLIC HEARING: APPROVE THE FISCAL YEAR 2018-2019 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) {STRATEGIC PLAN NOS. 2, 2; 2, 4; 5, 4; 5,6) — Community Development Agency Community Redevelopment and Housing Commission approved recommended action on March 28, 2018 by a vote of 4-0 (Cann and Santana absent). Legal Notice published in the Orange County Register on May 8, 2018, La Opinion on May 9, 2018 and Nguoi Viet on May 8, 2018. Continued from the May 1, 2018 City Council meeting by a vote of 6-0 (Tinajero absent). Mayor Pulido opened the Hearing. Written communication received and distributed; the following spoke on the matter: 1. Jenny Rios, on behalf of Delhi Center, addressed City Council to request support and funding. Opined program will provide youth with additional training and opportunities. 2. Claire Baebum, on behalf of Brighter Futures for Children of Prisoners, opined program has a great tract record for meeting and exceeding goals and is the only program in county that provides support for children with parents who are incarcerated. Addressed City Council to request to be place for consideration for CDBG funds. CITY COUNCIL MINUTES 19 MAY 15, 2018 10A-19 *Councilmember Solorio left at 8:25 p.m. and did not return. 3. Richard Walker, on behalf of Public Law Center, encouraged City Council to adopt program funding recommendations. 4. Dr. Ana Jimenez, noted crime prevention program has served over 200 families and opined need for counseling and therapy. Expressed concern over funding being cut and requested City Council to continue funding program at previous levels. 5. Sophia Soberon, on behalf of the Cambodian Family, thanked City Council for their support. Provided City Council with update on services provided and expressed appreciation for continued support. 6. Savoenun Pho, opined services provided by Cambodian Family has assisted her and other families with continued education opportunities and asked City Council for their continued support. 7. Ofelia Ramos, addressed City Council to express support for Cambodian Family program. 8. David Levy, on behalf of Fair Housing Council of Orange County, expressed opposition to reduce program funding and requested City Council to increase funding. Noted staff report does not represent the recommendation of the commission and Housing and Urban Development (HUD) increase to CDBG funding. 9. Denis Cato, opined program assists individuals stay in their homes. Requested City Council to reconsider funding cut. The Hearing Closed. Council discussion ensued. Councilmember Villegas, requested addition of Second Chance Orange County for CDBG funding. Opined program provides assistance with jobs and homeless within the City of Santa Ana. Director Mendoza, noted increase in CDBG funds of $79,908. Councilmember Benavides, requested City Council to consider addition of Second Chance Orange County with funding of $30,000 and American on Track with funding at $45,000. Councilmember Solorio, expressed support for all applications submitted by the commission. Requested consideration be made for Second Chance. MOTION. Approve the Fiscal Year 2018 - 2019 Community Development Block Grant Program in the amount of $5,816,959 from the United States Department of Housing and Urban Development. 2. Award funds to all the organizations as recommended by the CITY COUNCIL MINUTES 20 MAY 15, 2018 1 OA-20 Community Redevelopment and Housing Commission as identified in item #3 below and award funding to additional public service organizations: an amount of $30,000 to Second Chance Orange County and $45,000 to America On Track by readjusting the other amounts pertaining to the public service organization to accommodate the additional organizations; up to the maximum total of $872,543. 3. Direct the City Attorney to finalize and authorize the City Manager and the Clerk of the Council to execute memorandums of understanding with various city departments and agreements with nonprofit organizations awarded funds as part of the approved Community Development Block Grant Program for term beginning July 1, 2018 through June 30, 2019, subject to funding non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-135). City Department Award AGMT. No. 1. Community Development Agency - Administration of the CDBG Program. Proposed funding amount calculated based off 20% admin cap less Fair Housing amount. $ 2,174,076 Funds are also used to make award grants of up to $5, 000 2018-01 to eligible microenterprise businesses in the City. (No MOU necessary.) 2. Parks, Recreation and Community Services Agency- $ 921,227 2018-02 Neighborhood park improvements. 3. Public Works Agency - Residential street improvements. $ 921,228 2018-03 4. Planning and Building Agency - To address property maintenance and life safety violations which contribute to $ 865,644 2018-04 the visual blight and general decline of an area. Fair Housing Organization IAward AGMT. No. 5. Orange County Fair Housing Council Inc. — Provides fair housing education, landlord tenant counseling and enforcement services to combat housing discrimination $ 62,241 2018-05 and city administrative support for the residents of the City of Santa Ana. A commitment to further fair housing is a requirement of CDBG funding. Public Service Organizations Award AGMT. No. 6. Delhi Center — Teens Engaged in Learning and $ 66,654 2018-06 Leadership Program 7. Delhi Center — Family Economic Success Initiative $ 87 873 2018-07 Program 8. OC Children's Therapeutic Arts Center - After $ 62,750 2018-08 School Arts, Tutoring, Family Counseling, and CITY COUNCIL MINUTES 21 MAY 15, 2018 1 OA-21 Public Service Organizations Award AGMT. No. Parenting Classes 9. ALBI - Skill enrichment, self-expression, stress relief $ 68,758 2018-09 and socialization through various arts activities 10. The Illumination Foundation - Children's Resource Center for homeless and at -risk children and outh $ 51,061 2018-10 11. Legal Aid Society of Orange County - Free legal assistance to help expunge criminal records $ 46,479 2018-11 12. Project Access, Inc. - Equips low-income youth, adults, and seniors with wraparound support services $ 39,372 2018-12 13. Public Law Center — Affordable Housing & $ 38,923 2018-13 Homelessness Prevention Program 14. Nati's House Neutral Ground — Summer Night Lights Program $ 54,658 2018-14 15. Taller San Jose Hope Builders - Hard skills training in $ 51,660 2018-15 business administration and life skills 16. Young Men's Christian Association of Orange County — Financial assistance for Santa Ana Sports & $ 40,420 2018-16 Aquatics programs and Santa Ana After School programs 17. The Cambodian Family — Program to assist low- income youth and parents from immigrant families to $ 47,602 2018-17 thrive in the areas of academics, leadership and parenting skills 18. Community Health Initiative of Orange County - Provides outreach, education, enrollment, and case $ 40,420 2018-18 management services to vulnerable populations 19. Legal Aid Society of Orange County - Provides free, holistic legal assistance to survivors of domestic $ 42,313 2018-19 violence 20. WISEPlace - Housing, trauma -informed care and wrap- $ 41,020 2018-20 around services for homeless women 21. Nati's House (dba Neutral Ground) —After school $ 55,007 2018-21 programming and mentoring 22. Public Law Center— Consumer & Community $ 37,573 2018-22 Organizations Legal Assistance Pr*ct 23. Second Chance - Provides free individualized job 2018-23 skills training, interview skills, one-on-one coaching, $30,000 mentoring and job placement for individuals recovering from addiction. 24. American OnTrack - Brighter Futures for Children of 2018-24 Prisoners including leadership development, $45,000 mentoring, academic achievement, fitness & nutrition, and drug use prevention. Note: The public service organizations and the amounts changed per Recommended Action 2 above. MOTION: Benavides SECOND: Villegas CITY COUNCIL MINUTES 22 MAY 15, 2018 1 OA-22 VOTE: AYES: Benavides, Martinez, Tinajero, Villegas (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Sarmiento, Solorio (3) AGENDA ITEM 60C CONSIDERED OUT OF ORDER. 60C. APPROVE THE FISCAL YEAR 2018-2019 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAM, AND EMERGENCY SOLUTIONS GRANTS PROGRAM; AND AUTHORIZE SUBMISSION TO HOUSING AND URBAN DEVELOPMENT {STRATEGIC PLAN NO. 5, 1} - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on April 11, 2018 by a vote of 5-0 (Ramos absent). Legal Notice published in the Orange County Register on April 20, 2018. Continued from the May 1, 2018 City Council meeting by a vote of 6-0 (Tinajero absent). MOTION: 1. Approve the Fiscal Year 2018-2019 Annual Action Plan. 2. Authorize the submission of the Fiscal Year 2018 - 2019 Annual Action Plan to the United States Department of Housing and Urban Development. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Benavides, Martinez, Tinajero, Villegas (4) None (0) None (0) Pulido, Sarmiento, Solorio (3) CITY COUNCIL MINUTES 23 MAY 15, 2018 1 OA-23 AGENDA ITEM 60D CONSIDERED OUT OF ORDER. 60D. APPROVE AGREEMENT WITH HF&H CONSULTANTS, LLC, FOR SOLID WASTE CONSULTING SERVICES {STRATEGIC PLAN NO. 4, 1 & 5} — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with HF&H Consultants, LLC, to provide solid waste consulting services for a period to run concurrent with the extension agreement for collection and handling of solid waste with Waste Management, expiring June 30, 2020 with a one-year option exercisable by the City Manager, in an amount not to exceed $184,000, with a 20 percent contingency of $36,800, for a total amount of $220,800, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-134). MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARING SECOND: Villegas Benavides, Martinez, Tinajero, Villegas (4) None (0) None (0) Pulido, Sarmiento, Solorio (3) 75D. PUBLIC HEARING: ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 1988-01, GENERAL PLAN AMENDMENT NO. 2015-01, AMENDMENT APPLICATION NO. 2015-01 AND ZONING ORDINANCE AMENDMENT NO. 2015-01 TO AMEND THE BRISTOL STREET SPECIFIC PLAN - CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 5, 3; 5, 4} — Planning and Building Agency Planning Commission approved recommended action on April 9, 2018 by a vote of 7-0. Legal Notice published in the Orange County Reporter May 4, 2018 and notices mailed on May 3, 2018. Mayor Pulido opened the Hearing. There were no speakers or written communication, and the hearing closed. MOTION: 1. Adopt a resolution. CITY COUNCIL MINUTES 24 MAY 15, 2018 1 OA-24 RESOLUTION NO. 2018-035 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 1988-01 (ENVIRONMENTAL REVIEW NO. 2016-75) AND GENERAL PLAN AMENDMENT NO. 2015-01 FOR THE BRISTOL STREET CORRIDOR SPECIFIC PLAN 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2949 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2015-01 REZONING VARIOUS PROPERTIES LOCATED ALONG THE BRISTOL STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2015-01 AMENDING THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Pulido, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Solorio (2) 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. 85A. DISCUSS AND DIRECT STAFF TO PREPARE MATERIALS TO ADDRESS OR PLACE THE FOLLOWING CHARTER AMENDMENTS ON THE NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION BALLOT: • CAMPAIGN CONTRIBUTIONS, • REMOVE BOARD/COMMISSIONS FROM CHARTER AND ADD TO SANTA ANA MUNICIPAL CODE (CONSISTENT WITH OTHER BOARDS/COMMISSIONS), • RESTRICTION ON USE OF RESERVES AND IN LIEU HOUSING REVENUE, • AUTHORITY TO SIGN DOCUMENTS, • ETHICS POLICY, • POLICE CHIEF CIVIL SERVICE (MAYOR PRO TEM MARTINEZ) Mayor Pro Tern Martinez, opined City of Santa Ana charter has many inconsistencies, need to make amendments, and opportunity to bring CITY COUNCIL MINUTES 25 MAY 15, 2018 1 OA-25 consistency. Asked City Council to direct staff to in that direction and need to start conversation now to meet November ballot. Mayor Pulido appointed Mayor Pro Tern Martinez, Councilmember Villegas and self to serve on an Ad Hoc Committee to review this and any other items to present for City Council consideration. RECESSED CITY COUNCIL MEETING AT 8:24 P.M.. TO THE SUCCESSOR AGENCY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 8:25 P.M. WORK STUDY SESSIONS WS-1. FISCAL YEAR 2018-19 PROPOSED BUDGET - Finance and Management Services Public comment considered earlier. City Manager Raul Godinez, II, introduced the work study session and Director of Finance Management Services Agency, Francisco Gutierrez presented. CITY COUNCIL MINUTES 26 MAY 15, 2018 1 OA-26 • Introduction & Budget Outreach • FY 18-19 Proposed Total Citywide Budget & General Fund Budget • Proposed Changes to Miscellaneous Fees • FY 18-19 Proposed Capital Improvement Plan • City Manager Budget Framework & Next Steps Q2 MEETING RECESSED AT 8:26 P.M. AND RECONVENED AT 9:08 P.M. WITH THE FOLLOWING MEMBERS PRESENT: Mayor Pro Tern Martinez, Councilmember Tinajero, Councilmember Benavides and Councilmember Villegas. Mayor Pulido left at 8:26 p.m. and did not retum. Finance Management and Services Director Francisco Gutierrez proceeded with presentation. Proposed FY 18-19 Citywide Budget Expenditures: $540.3M sxeac•r Atvq,, mW 6wMa.rv, St).fM,3% � fumL:x 11pus[/uixtv+ca, Sfl.ft0.lb% Sx AR.'...f d. S312K6% 4p1or3 %$41.161, t% ONcr tMelpN•Swdy SfL$M, IIM 7— Q• Wi A,W.d. M SP. ,3% t CITY COUNCIL MINUTES 27 MAY 15, 2018 1 OA-27 FY 18-19 PROPOSED GENERAL FUND BUDGET Proposed FY I8-19 General Fund 11 Revenue Sources: $245.91W eFa•S.a lism 1.-IIMal$ISM in .ruSNMerex oi<wfYOegYn�eu.l aal illlN i53M 51.N S1DM isx \ ux� /nix�� i.ix 1NtWi N•nN &.LYf t200N l,tx am sum {ai u.�nn eamwi�...,a• f1naM adMrnSum t.v. SAeN •onmeneamwiea.ue � .�eRrla l-MWu yt{y RIeGm1ALrVuana$].iN llx � dd..RU[o Re.:}SSSN Uw.I V^a.e{bPM" 4 tda}P:a [unwrWatSi6N SNaW jF�fN 1 t / ••Not/flal@er:vxdSld.IM1l 9 Proposed FY 18-19 General Fund 11 Expenditures: $255.11W Vd.Syl...h."& Nb..ry.W. Ml% ❑awf.".N.J.d.S S1.1M2R 01hn'3101M, SX 'OMkldud-: CilyM.P. $2.69 Cityn .ney: $3.51K 01r . S194 HW. S1.8&t Co#S-Ag St gfe..: W.SMf,l '.m 51.5K COM$0.9M 10 CITY COUNCIL MINUTES 28 MAY 15, 2018 1 OA-28 Structural Deficit ($17.1M) Ongoing Cost Reductions $4.81VI Ongoing Revenue Increases $3.1M Use of Unallocated Fund Balance $6.9M Use of One -Time Revenue,•..•.�,•.•„ $250K Use of 17-28 Year -End Balance $2.OM" -Maybe addressed by preserving the S9.3M use of unallocated fund balance in FY 1017.18 al ADDITIONAL NEEDS & PRIORITIES • Quality of Life Team & Homeless • Enterprise Fund Compliance • More Youth Programing • Worker's Compensation • Funding to Enhance Economic Dev. • Liability Increases • Additional Police Officer Recruitments • City Hall Seismic Retrofit • Maintain Reserve Policy Funding levels • SARTC Improvements • Facility Deferred Maint. & Vehicles • PERS Challenges • Information Technology Infrastructure Q • Penny Tax (1%Transaction Use Tax/SalesTax) • Hotel Visitor Tax (hamlent occupancy tax) • Encourage the development of vacant/underutilized property (property tax growth) • Prioritize the entitlement of regulated cannabis facilities • Continue to pursue and promote Economic Development opportunities • Explore the viability of billboards and electronic messaging • Evaluate areas for mobile food vendors • Finalize Development Impact Fees and User Fee studies u CITY COUNCIL MINUTES 29 MAY 15, 2018 1 OA-29 FY 18-19 UNFUNDED POSITIONS [iryNlmager's0ffire tO O C1,VA¢mx,/s0ffao Is 0 Clertofthe Co mlf s 0 COmmunlry OevMopmem as O FlnarceB tAanadmnem5enices 105 1 Inlo,maOouTcAn�olo6y 17 0 Pe,zonnel5ervlms 1S 0 Flannl,0WIdinp, R S Po4.Npslment GP 69• PROA&Ub,ary ]i I Public VVo,kz A," 169 0 9mfudes 55 PO&e O&M u FY 18-19 WORKFORCE CHANGES Additions/Deletions -General Fund — addition of 4 positions (3 Parking Control Officers & 1 Payroll Manager) •Non-GF — net addition of 1 Management Analyst position Reallocations -General Fund Reallocation —15 positions -Non-GF Reallocation —1 Risk Manager position u The Proposed Budget Summary booklet distributed contains the detail in terms of workforce changes as well as the Miscellaneous Fee. I PROPOSED CHANGES TO MISCELLANEOUS FEES CITY COUNCIL MINUTES 30 MAY 15, 2018 1 OA-30 The fees are adjusted annually to reflect the change in the Consumer Prim Index (CPI)-3.88%(Los Angeles — Riverside — Orange County; Dec. 2017) ledwn is ters, fee. • Pt94 Ill) -Plater Meter • CIM (Z)-ICFW lletd, • PfIC5A 11I-PYMrig PHmii PrO(MSnB fee-StuhTt BMedflw fen • PM (6)-soter • rile (l) -E Igenry eau Rete/nmfyoatetion • PRCSA(l)-Zoo M.Mu 9 eeletM fen • P1VA(6)-Wtn Metee61er U.r,11 • FBA (lI-eusirais CMlfktle MO[[upMty • C(nC II)-SubWIpllon Of AgenJUMNo:n • vau Pl-unran senree 0 Il e June 5 -1n Reading of the Budget/CIP/Mist. Fees • June 19 - 2nd Reading of the Budget/CIP • July 1 - New 2018-19 Fiscal Year Starts WS-2. UPDATE ON MOBILE VENDING - Planning and Building Agency Planning and Building Agency Director Minh Thai presented. CITY COUNCIL MINUTES 31 MAY 15, 2018 1 OA-31 • On September 5, 2017. the City Council approved the Mobile Vending —' ordinance and the city has begun enforcement efforts. • City conducted a Illy-wlde survey to document existing mobile vending locations. • Proximity to an intersection, sdhael/park. • Pmsimily tocity street light. Tenure at site and of time) • Vending on major or arterials (> 34 MPH) � • Second Phase Communication with Stakeholders • Food on Wheels Association representatives • Produce M1lebile Vendors lepresentatives • Downtown Inc. representatives (May L'a j • Santa Ana Business Council representatives i It Res fdenllal Districts i • Produce Vehicle - 106 • Hot/Catering vehicle - 33 j • 25' of streetlight - 74 Meter Parking - 16 • Time at Space/Site • 1 year or less - 37 • 1.5 years - 53 • 5 years or more - 78 • Venders With Trailers - 21 r a CITY COUNCIL MINUTES 32 MAY 15, 2018 1 OA-32 PROVIDE F OPTIONS i Mobile Vending On -street F I • With metered Power F: ' . I • Construction Cost ss.000to _ $21.000 • Currently Santa Ana ovens I limited number of strionights I • Without metered Power y I • Mobile Vending Sitesion _ Public Property n Mobile Vending Sites on •�".'� Private Property Potential tocation of temporary food husk 6 • Development oYdesigns and operational standards for Alabilo Vending Islands.- Private of Public properties, • Moblle`Vending On -Street locations l a Zoning Amendment - Permit mobile vending islands • Create a permit. • Consideration In granting Approval • Land use compallbftgyy Public health, safety, and welfare • Conditions of approval' •'Time end length of Opmations, • security measures, • Sanitation, iestrooms, lurniture, and lighting. ^PHASE INTO PERMANENT IMPLEMENTATION • PHASE I - Liconsing.Agreement (Foe) - 3-4 months • Establish Standardize Operating Requirement5 j •Location Restrictions ! • alaintonance of sites ' • Hours of Operation i • Physical Improvements PHASE 11 - hfobile Vending Islands - Private and Public Properties CITY COUNCIL MINUTES 33 MAY 16, 2018 1 OA-33 Council discussion ensued. Councilmember Benavides, opined opportunity in mobile vending islands and need to consider opportunities proportionally with other economic development projects. Mayor Pro Tern Martinez, opined food vending is changing, need to adapt, and temporary pop-up spaces is the new direction. Councilmember Tinajero, expressed need to look at established distance requirements for mobile vending trucks, existing food trucks selling unhealthy food at schools, and opportunity to allow fruit and vegetables mobile food venders at schools. COMMENTS PUBLIC COMMENTS 1. Dale Helvig, provided City Council with historical background of specific developments in the City of Santa Ana and expressed opposition to 2525 Main Street development. 2. Dani Morrison, addressed City Council to inform them of the First Love OC Prayer Gathering at Santa Ana stadium on Saturday, June 16, 2018 from 9:00 a.m. to 12:00 p.m. 3. Billy Leigh, expressed opposition to 2525 Main Street development. 90A. CITY MANAGER'S COMMENTS City Manager Godinez, informed City Council of expansion of the Wooden Floor program at the Depot at Santiago, upcoming International Council of Shopping Centers RECon conference on May 20 — 23 in Las Vegas, and new mural at Angels Park. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Tinajero, opined need to have transparency when giving City resources to an individual agency, efforts to meet city needs, and congratulated students who are preparing to graduate. *Councilmember Tinajero left at 9:46 p.m. and did not return. Councilmember Benavides, informed City Council of upcoming Patchwork Show and citizenship fair sponsored by Congressman Lou Correa on Saturday, June 2, 2018 and encouraged community to attend. CITY COUNCIL MINUTES 34 MAY 15, 2018 1 OA-34 Councilmember Villegas, provided City Council with report on Santa Ana Police department open house and thanked city staff for their hard work. Mayor Pro Tern Martinez, informed City Council of upcoming Taste of Santa Ana event with the Chamber of Commerce. Opined upcoming Olympics provides an opportunity for the City of Santa Ana to possibly host the Skateboarding event. ADJOURNED— 9:50 P.M. - The next meeting of the City Council will be held on Tuesday, June 5, 2018 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. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Fiscal Year 2018-19 Budget • Bristol Street Corridor Plan Update • Policy on Use of General Reserve and Enterprise Funds • Amendment to Metro East Mixed -Use Overlay District • Jail Reuse Study o Work Study Sessions: Work Cooperative • Ordinance — Liability Fund • Resolutions regarding November 6, 2018 General Election o Councilmembers for Ward 2, 4, 6 and Mayor seats; and Charter Amendments Regarding By -Ward Elections CITY COUNCIL MINUTES 35 MAY 15, 2018 1 OA-35 1 OA-36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: ORDINANCE SECOND READING: AMENDING SECTIONS OF CHAPTER 9 AND CHAPTER 2 TO CHANGE EXECUTIVE DIRECTOR OF PERSONNEL SERVICES TO EXECUTIVE DIRECTOR OF HUMAN RESOURCES (STRATEGIC PLAN NO. 5,1) Clh� MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a0 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On May 15, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6-0 (Sarmiento absent): ORDINANCE NO. NS-2946 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER NINE AND CHAPTER TWO OF THE SANTA ANA MUNICIPAL CODE TO CHANGE THE CLASSIFICATION, EXECUTIVE DIRECTOR OF PERSONNEL SERVICES TO EXECUTIVE DIRECTOR OF HUMAN RESOURCES. In summary, over the years, the Personnel Services Department has expanded its role within the organization to include training and development, employee and labor relations, succession planning, developing wellness programs and recognizing employees as human capital. In addition, the department has begun implementing swift�technological advancements to provide expedited processes. This modern approach is known as Human Resources. As a result, the department will be changing its department name to Human Resources. 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). 11 A-1 Second Reading Ordinance: Amend Sections Ch. 9 and Ch. 2 to SAMC June 5, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. L� Z) • ILii% Maria D. Huizar Clerk of the Council Exhibit: 1. Ordinance No. NS-2946 11 A-2 LAR 615118 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER NINE AND CHAPTER TWO OF THE SANTA ANA MUNICIPAL CODE TO CHANGE EXECUTIVE DIRECTOR OF PERSONNEL SERVICES TO EXECUTIVE DIRECTOR OF HUMAN RESOURCES 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 current job classification title of Executive Director of the Personnel Services is outdated and does not reflect the current operational structure of the Department. B. Over the years, the Personnel Services Department handles much more than just personnel items. The Department has expanded its role in the organization to training and development; employee and labor relations; wellness programs, risk management and many other employee - centered programs. C. In an effort to reflect this wide -reaching and encompassing philosophy, the outdated title of Executive Director of Personnel Services is to be replaced with Executive Director of Human Resources. Likewise, the Personnel Services Agency will now be known as the Human Resources Department. Section 2. The Santa Ana City Council hereby amends Sections 2-300 and 2-300.7 of Chapter 2 of the Santa Ana Municipal Code as follows: ARTICLE IV.- OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS DIVISION 1: GENERALLY 11 A-3 Sec. 2-300. - City officers and department heads. The following are officers of the City of Santa Ana: (1) Members of the city council; (2) City manager; (3) City attorney; (4) Clerk of the council; (5) Assistant city manager; (6) Deputy city manager for development services; (7) Special assistant to the city manager; (8) Police chief; (9) Executive director of finance and management services; (10)Executive director of public works; (11)Executive director of parks, recreation and community services; (12)Executive director of human resources; (13)Executive director of community development; (14)Executive director of planning and building safety. Sec. 2-300.7. - Executive director of human resources. All references in the charter or this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager, or any board or commission of the City of Santa Ana, or any document whatsoever, to the executive director of personnel services or director of personnel shall be deemed references to the executive director of human resources. Section 3. The Santa Ana City Council hereby amends sections 9-2 through 9-2.5, 9-4, 9-8, through 9-9, 9-11 through 9-12, 9-15, 9-32, 9-38, through 9-40, 9- 42 through 9-43, 9-46, 9-61 through 9-62, 9-66 through 9-67-69, 9-71, 9-92 through 9-93, 9-112, 9-115, 9-118, 9-142 through 9-143, and 9-166 of Chapter 9 of the Santa Ana Municipal Code as follows: ARTICLE I.- IN GENERAL Sec. 9-2. - Definitions. The following terms, whenever used in these rules and regulations, shall be construed as follows: Ordinance No NS-XXX Page 2 of 16 11 A-4 Assembled examination : A test conducted at a specified time and place at which applicants are required to appear for competitive examination under the supervision of an examiner. Board: The personnel board appointed in accordance with sections 911 and 912 of the charter. Charter: The Charter of the city, ratified by the voters of the City November 4, 1952, adopted by California Concurrent Resolution No. 10, in Assembly January 8, 1953, and in Senate January 8, 1953, as amended. Class or classification: A group of positions in the competitive service which are substantially so similar as to require the same kind and amount of training and experience for proper performance and to merit equal pay. Council: The city council of the City of Santa Ana. Executive director of human resources: That person designated by the city manager to have charge of personnel administration. Eligible : A person who legally may be appointed to a vacant position in the competitive service as provided in the rules. Eligible list: A list of persons eligible for appointment in the competitive service to positions in the class indicated by the title of the class. Memorandum of understanding: An agreement between the city and represented employees under the Meyers-Milias-Brown Act. Oath of office : That oath required by the charter, prior to entering upon the duties of a position. Part-time appointment: An employee appointed to a position which averages more than twenty (20) hours and less than forty (40) hours per week within the civil service system as outlined in these rules and regulations. Part-time employee: An employee appointed to a position within the civil service system which averages more than twenty (20) hours and less than forty (40) hours per week. Position : A group of current duties, tasks and responsibilities assigned or delegated by competent authority, requiring the full or part-time services of one (1) person. Regular appointment: An appointment to a regular full-time or part-time civil service position after completion of the prescribed probationary period. Regular employee/status: A full-time or part-time employee who has successfully completed his or her probationary period and has received a regular appointment. An employee who has attained regular status retains that status during any probationary promotional periods. Unassembled examination: An appraisal of training, experience, work history, or use of other means for evaluating relative qualifications without the necessity for the personal appearance of applicants at a specified time. Ordinance No. NS-XXX 11 A-5 Page 3 of 16 Sec. 9-2.5. - Appointing authorities. (a) For purposes of section 707 of the charter, the following officers of the city are designated as the heads of a department, office or agency, having the power to appoint and remove such deputies, assistants, subordinates, and employees as are provided by the city council for their department, office, or agency, and shall be deemed to be a "department head," "appointing officer," and "appointing authority" with respect to such deputies, assistants, subordinates and employees for purposes of this chapter: (1) City attorney; (2) Clerk of the council; (3) Police chief; (4) Fire chief; (5) Executive director of finance and management services; (6) Executive director of public works; (7) Executive director of recreation and community services; (8) Executive director of human resources; (9) Executive director of planning and building safety; (10) Executive director of community development; (11) Library director; (b) The city manager shall be the "appointing officer" and "appointing authority" for purposes of this chapter for all appointed officers of the city except officers appointed by the city council pursuant to the charter and for those employees of the city who are not subject to appointment and dismissal by any officer designated in subsection (a) of this section. (c) The officers listed in subsection (a) of this section shall constitute the heads of departments of the city for purposes of clause (7) of subsection (a) of section 1002 of the charter. Page 4 of 16 11 A-6 Sec. 9-4. - Executive director of human resources. There is created the position of executive director of human resources. The executive director of human resources shall be appointed by, and serve at the pleasure of, the city manager. The duties of the executive director of human resources may be combined with those of any other office or position which is filled by appointment by the city manager. The executive director of human resources shall: (1) Serve as secretary to the personnel board, if so appointed by the city manager. (2) Administer all the provisions of the civil service rules and regulations except those specifically reserved to the council, the personnel board, or the city manager. (3) Be custodian of the official records concerning the employment status of all employees. (4) Confirm that authorized budgeted positions exist, before probationary or temporary appointments are made. (5) Keep such records as required by these rules and regulations. (6) Ascertain that employee pay items conform to memorandum of understanding provisions and to federal, state and municipal laws. Sec. 9-8. - Medical examinations. Before the initial placement with the city, individuals receiving job offers will be required to successfully pass a physical examination before a licensed physician. The standards for the physical examination including the drug screening shall be established prior to publication of the written announcement of the examination. The licensed physician mentioned in this section shall be one selected by the executive director of human resources. The examination fee shall be paid by the city. A candidate for a promotional appointment to a classification which requires higher or more stringent medical standards than the classification from which the candidate seeks promotion shall be required to pass a medical examination prior to appointment. Sec. 9-9. - Hearings —Before personnel board. Hearings before the personnel board shall be called by the chair of the personnel board or, in the chair's absence, by the vice -chair. The chair shall make arrangements through the executive director of human resources for suitable clerical assistance and for assignment of space in which to hold the hearings. Ordinance No. NS-XXX 11 A-7 Page 5 of 16 Sec. 9-11. - Employee performance appraisals. The city manager shall establish and make effective a system of employee performance appraisal. Such evaluations shall be prepared by the employee's immediate supervisor and shall be reviewed by the division and/or department head. Performance appraisals shall be reviewed with the employee concerned and the employee shall sign the appraisal form to acknowledge said review. Performance appraisals will be submitted according to the following schedule for full-time civil service employees and after equivalent hours of service for part-time civil service employees: (a) At the end of each four (4) months' service during probationary periods; (b) Annually after completion of probation; (c) Prior to a merit increase eligibility date; (d) As called for, at the discretion of the appointing authority and/or as mandated by the applicable memorandum of understanding. Employee performance appraisals, including those prepared as directed in this section will be delivered to the executive director of human resources for filing with the records of the employee. Performance appraisals will be considered in making merit salary advances and may be considered a factor in promotional examination, demotions, and dismissals. Sec. 9-12. - Employee records. Department heads shall furnish the executive director of human resources with written reports of any disciplinary action involving loss of pay, and of any especially noteworthy communication or oral commendation or condemnation received or written by the department head relative to the performance of any employee. Sec. 9-15. - Same —Records. All departments shall keep attendance records prescribed by the city manager and shall transmit them to the executive director of human resources on the dates he or she shall specify. ARTICLE II. -EXAMINATIONS Sec. 9-32. - Announcement. Whenever an examination is to be given, the executive director of human resources shall give sufficient public notice to ensure an adequate number of applications are received from qualified individuals. Notices for open competitive examinations shall be posted on a bulletin board at the city hall, readily available to the public, in the office of the executive director of personnel services and in the departments where exist classifications for which examinations are being held, and in such other places as may attract qualified candidates. The notices will contain Ordinance No. NS-XXX Page 6 of 16 11 A-8 sufficient information relative to the examination to indicate to interested candidates the duties and prerequisites of the position, together with dates, salaries and pertinent benefits. Promotional examinations will be published by means of notices posted in the departments containing qualified candidates and in the office of the executive director of human resources. Sec. 9-38. - Conducting. The executive director of human resources shall determine the manner and methods and by whom examinations are to be administered. No person shall be permitted to take an examination unless an application has been submitted in accordance with the terms of the public notice for the particular position. Sec. 9-39. - Qualification appraisal. In examinations where the executive director of human resources considers it appropriate, education, experience and personal qualifications of the candidates shall be evaluated on the basis of interviews conducted by a board composed of persons known to be interested in the improvement of public administration and in the selection of efficient personnel according to merit system principles. In classifications requiring technical knowledge, at least one (1) of the members of the board shall be familiar with the technical aspects of the work in the classification for which the applicant will be examined. The board mentioned in this section shall consist of at least two (2) persons. Each member of the board will submit a report in writing on forms supplied by the executive director of human resources, and these reports will be made available to the appointing authority for those candidates who have been certified as eligible for appointment. The boards described in this section will be known as qualification appraisal boards. Sec. 9-40. - Rating. The minimum grade or standard determining eligibility shall be based upon all factors in the examination, including educational requirements, experience, and other qualifying elements as shown on the application of the candidate or other verified information. Each section of the examination shall be graded independently. Weights of sections shall aggregate to one hundred (100). Veterans' preference and seniority shall not be considered sections. When applicable, veterans' preference and seniority points shall be added to the general average, and the resulting sum shall be used in determining the order or band in which the name of the candidate shall appear on the eligible list. Failure in one (1) section may be grounds for declaring the applicant as having failed in the entire examination and as disqualifying for subsequent parts of an examination as shall be determined by the executive director of human resources. All applicants in the same examination shall be accorded uniform and equal treatment in all phases of the examination procedure. Ordinance No. NS-XXX 11 A-9 Page 7 of 16 Sec. 9-42. - Error appeal. During the five (5) working days commencing with the first working day after a written test has been completed, a candidate may file with the executive director of human resources an appeal against any item of the test or any part of the test, citing the items or the parts against which the appeal is directed and the reasons for such an appeal. An eligible list resulting from such test shall not thereafter be established until all the disputed items have been reviewed by the executive director of human resources and corrected if found to be wrong, or the appeal denied. Decisions of the executive director of human resources shall be subject to review by the city manager upon written request by the candidate filed with the executive director of human resources within five (5) working days of the decision. Sec. 9-43. - Grading appeal. During the five (5) working days beginning with the day after notice of placement on the eligible list has been mailed, a candidate may file with the executive director of human resources a request to review the score assigned to each component of the examination. If the candidate believes an error has been made in any computation of his or her scores, including computation of score assigned to each examination component, determination of weighted scores, or in the summing of weighted scores, he or she may make application, in writing, to the executive director of human resources for an adjustment of his or her score. However, in such application the candidate must state specifically and particularly wherein he or she believes error has been made. Any error that may appear shall be corrected, and any change in the standing of candidates as a result thereof shall be made by the executive director of human resources within five (5) working days after the appeal period. All conclusions in connection with appeals shall be approved or disapproved by the city manager and shall be subject to review by the personnel board upon written request by the candidate filed with the board within five (5) working days after the candidate has been notified of the decision of the city manager. Sec. 9-46. - Same —Duration. Such eligible lists shall remain in effect for the time period listed below, unless within such period the executive director of human resources shall not be able to certify for appointment the number of persons required under the provisions of this chapter. (a) Eligible lists for classifications designated as "local police/fire safety" members of the public employees' retirement system shall be in effect for two (2) years. (b) Eligible lists for all classifications which are not included in subsection (a) above shall be in effect for six (6) months, but may be extended in six- month increments with the approval of the city manager to allow for a maximum life of list of two (2) years. Page 8 of 16 11A-10 ARTICLE III. -FILING VACANCIES Sec. 9-61. - Same —Request for removal or reinstatement of name. An eligible, at any time, may request in writing that his or her name be withdrawn temporarily from the eligible list and placed on inactive status. Upon approval of the executive director of human resources such request shall be granted, and likewise, upon written request of the eligible, his or her name may be reinstated to active status during the life of the list. Sec. 9-62. - Same —Consolidation. Two (2) eligible lists of the same type (open or promotional) for the same classification may be consolidated by the executive director of human resources by placing eligibles from an old list onto a new list in accordance with the procedures outlined in section 9-45. The names on the resulting (consolidated) list shall be certified in accordance with the procedures outlined in section 9-66. Sec. 9-66. - Certification —Procedure. Upon receipt of the request from an appointing authority, the executive director of human resources shall certify, to the appointing authority, names in accordance with the following: (1) If a reemployment list exists for the classification, one (1) name for each vacancy. (2) If no reemployment list exists, names shall be certified as follows: (a) By transfer list, then by reappointment list. If the combined total of candidates eligible for certification from these two (2) lists is less than five (5), candidates may be certified from a promotional list, if any, or an open list as shown below. (b) For promotional -only appointments, the names of the candidates with the three (3) highest scores on the promotional eligible list. Except in the case of ties, the number of names to be certified from an active promotional list shall be two (2) more than the number of appointments to be made. In the event of ties, if there are three (3) or more candidates at the highest score, only those candidates shall be certified. If there are less than three (3) candidates at the highest score but three (3) or more candidates within the highest two (2) scores, then those candidates with the two (2) highest scores will be certified. If there are no ties at the first and second scores, then all candidates within the top three (3) scores will be certified. Ordinance No. NS-XXX 11A-11 Page 9 of 16 (c) For open appointments, the number of names to be certified from the open eligible list may be four (4) more names than the number of appointments to be made. When the number of candidates certified in the highest band is less than five (5), the appointing authority may request the certification of the next lower band. If more than five (5) people are in the group from which an appointing authority is entitled to select, the appointing authority may review the applications of the candidates in that group and select a lesser number of candidates for certification whose qualifications best fit the needs of the position. Sec. 9-67. - Appointments. The appointing authority may appoint, of the candidates certified, whichever one in his or her opinion is best qualified for the position. No candidate may be certified more than four (4) times from any eligible list resulting from any one (1) examination except candidates on open eligible lists, who may be certified more than four (4) times, at the discretion of the executive director of human resources, in keeping with the charter. If no eligible list for the classification exists, or if an existing list for the classification contains less than three (3) promotional candidates or five (5) nonpromotional candidates who are eligible and available for appointment, the executive director of human resources shall so notify the appointing authority who may select from the existing candidates or, after requesting a new recruitment, may make a temporary appointment to the vacancy. After making the selection, the appointing authority shall inform the executive director of human resources of the candidate appointed, the date that person will assume the duties of the position and the applicable rate of pay. After verification that the candidate has passed the required medical examination per section 9-8, and after verification of the execution of the oath of office, the executive director of human resources shall confirm the appointment. After confirmation of the appointment, the appointing authority shall enter the name of the employee on the employment rolls. Sec. 9-67.1. - Exclusion of close relatives. If, in the opinion of an appointing authority, the appointment of a candidate to a position of employment under the jurisdiction of such appointing authority would result in a violation of the policy set forth in section 9-3.1, the appointing authority shall so notify the executive director of human resources, who shall exclude such candidate from the list of names certified to such appointing authority for such position. Any close relative of an appointing authority shall likewise be excluded from any list certified to such appointing authority. In the event a candidate is excluded pursuant to this section, the executive director of human resources shall certify to the appointing authority a list containing the names of all candidates who Qniinance Nn NS-XXX Page 10 of 16 11A-12 would have appeared on such list if the excluded candidate had never been a candidate for the subject position of employment. A candidate who is excluded pursuant to this section shall not be considered as having been certified from an eligible list for purposes of sections 9-5 or 9-67. Sec. 9-68. - Failure to appoint certified applicant. If, upon certification, an eligible declines appointment or neglects to report to the appointing authority for interview, the appointing authority shall notify the executive director of human resources. The executive director of human resources shall remove any eligible from the list for neglect to report within five (5) working days after notice has been sent by mail to the address on file, unless said eligible provides an explanation satisfactory to the executive director of human resources. In the case of a promotional -only appointment, after an eligible declines appointment and/or is removed from the eligible list, the executive director of human resources shall upon the request of appointing authority certify the next candidate on the list. In the case of an open appointment, after an eligible declines appointment and/or is removed from the list, if the number of eligible candidates is less than five (5), the executive director of human resources shall upon request of the appointing authority certify the next lower band. Sec. 9-69. - Filling by temporary appointment. Temporary appointments may not be for a period longer than one hundred eighty (180) calendar days after the first day of such temporary appointment, nor may temporary appointments be made to any position a cumulative total of more than one hundred eighty (180) calendar days in one (1) calendar year following the first day on which the position is filled by a temporary appointment. Such temporary appointment will be terminated when an employment list is prepared for the position. Temporary appointments shall be processed by the executive director of human resources for record keeping purposes and to conform with personnel policies and regulations. Sec. 9-71. - Part-time positions in the excepted service. Part-time positions of twenty (20) regular hours per week employment, as outlined in the charter, will be processed by the executive director of human resources for record keeping purposes and to conform with personnel policies and regulations. ARTICLE IV. -PROBATION Sec. 9-92. - Probationary period performance appraisals. Performance appraisals will be prepared by the appointing authority every four (4) months during the probationary period and filed with the executive director of Ordinance No. NS-XXX 11 A-1 3 Page 11 of 16 human resources. These reports will bear the statement that the employee is to be retained or rejected. The final report will be filed five (5) working days prior to the end of the probationary period. Sec. 9-93. - Probationary employee rejection. A rejection during the probationary period will be effective as of the date of rejection by the appointing authority. Within ten (10) days of the rejection, the appointing authority will file a statement with the executive director of human resources, -stating the reason for rejection and giving the effective date, which shall not be later than the last day of the probationary period. In case of separation because of rejection during the probationary period, the probationer concerned will be notified immediately in writing, and a copy of such notice will be filed with the statement furnished the executive director of human resources. ARTICLE V: DEMOTION, TRANSFER, RESIGNATION, REDUCTION -IN - FORCE, LAYOFF, ETC. Sec. 9-112. - Resignation —Submitting. Any employee voluntarily leaving the employment of the city shall at least two (2) weeks prior to separation, submit a written resignation to his or her department head with the effective date and reason for resignation. Failure to furnish the written resignation within the time stated in this section may be cause for denying the employee reappointment privileges. Resignations shall be forwarded, by the appointing authority, to the executive director of human resources. Sec. 9-115. - Reversion to competitive service. When an employee is entitled to reversion to his or her former position in the competitive service from the excepted service, the executive director of human resources will notify the appointing officer in the department from which the employee transferred to the excepted service. The latter, in restoring the person to the former position, as prescribed in the charter, will provide the required vacant position, if it does not exist, by means of lay-off or demotion, as outlined in other sections of these rules and regulations. Sec. 9-118. - Suspensions; demotions; dismissals. (a) Right to exercise the disciplinary and dismissal powers hereinafter provided is vested respectively in the officers of the city who have the power of appointment as to any position in the personnel system. (b) Except as specified in subparagraph (d), any employee serving a probationary period in a position in the civil service shall be subject to suspension without pay for a period not to exceed ninety (90) days, demotion or dismissal, and the Page 12 of 16 11A-14 employee so disciplined or discharged shall not have a right of appeal, except that an employee who held regular status in some other position or employment included within the civil service immediately prior to his appointment to probationary status shall not be discharged without written notice of charges, an opportunity to answer, a written decision as hereinafter provided and right of appeal to the personnel board. (c) Except as specified in subparagraph (d), any employee, otherthan one serving a probationary period, holding a position in the civil service shall be subject to suspension without pay for a period not to exceed ninety (90) days, or to demotion, or to dismissal subject to a right to appeal to the personnel board in accordance with the procedures set forth in this article. However, such appeal shall not stay the imposition of suspension, demotion or dismissal following the written decision of the appointing authority. (d) Each or any of said actions relating to suspension, demotion, or dismissal may be taken by the officer having power of appointment to the position for reasonable and sufficient cause; provided, however, that no employee who is exempt from the requirements of the Fair Labor Standards Act shall be subject to suspension without pay for any period of less than one (1) week. (e) Each such employee shall have ten (10) calendar days after receipt of the written decision of the appointing authority in which to file a notice requesting a hearing before the personnel board. Such request for a hearing shall be filed with the executive director of human resources. If a hearing is requested, the personnel board shall thereupon set a date for hearing the matter at its earliest convenience. Hearing procedures shall be informal, and the rules of evidence generally applicable to administrative proceedings shall apply. Such employee shall have an opportunity at such hearing to be heard in person, or by counsel, and the right to subpoena witnesses. Except as otherwise provided by law, all hearings held under the provisions of this section shall be open to the public. (f) The personnel board shall make written findings which shall state as to each charge whether or not such charge is sustained. The personnel board shall also set forth in writing its conclusions and recommendations based upon such findings, and within ten (10) days after concluding the hearing, it shall certify its findings, conclusions, and recommendations to the officer from whose action the appeal was taken, and to the city manager and the city council. (g) If, with respect to a suspension, demotion, or dismissal, the personnel board shall conclude that the employee charged was not guilty of the act or omission resulting in such suspension, demotion, or dismissal, a recommendation by it of reinstatement without loss of pay shall be binding upon the appointing authority, who forthwith shall order such reinstatement. In the event that the personnel board shall conclude that the employee was guilty of the act or omission resulting in such suspension, demotion, or dismissal but that the penalty was not warranted under the circumstances, the personnel board may review the severity and appropriateness of the punishment. A Ordinance No. NS-XXX 11A-15 Page 13 of 16 recommendation by it of a greater or lesser punishment or of reinstatement with or without loss of pay shall be binding upon the appointing authority, who forthwith shall order the same. If, with respect to a suspension, demotion or dismissal, the personnel board concludes that the employee was guilty of the act or omission resulting in such suspension, demotion or dismissal, and that such punishment was warranted, such decision shall be final. (h) Vacancies created under this section may be filled by the appointing authority by temporary appointment pending the completion of any proceedings taken hereunder. (1) A reduction in pay shall be treated as a demotion under this section, unless the reduction in pay is part of a plan of reclassification of positions or of a plan to reduce salaries and wages in connection with a general economy or curtailment program, or is the result of a finding by the appointing authority that the employee's performance does not justify the continuance of a level of pay that is dependent upon meritorious service. A failure to grant an increase in pay at a time when an increase would otherwise have been granted as a part of a plan to increase salaries and wages throughout the city service shall not be treated as a demotion under this section. (j) The personnel board may adopt procedural rules to govern the conduct of its hearings. ARTICLE VI: LEAVES, HOLIDAYS AND ABSENCES DIVISION 1.- GENERALLY Sec. 9-142. - Same —Same —Return from. An employee returning to duty with the city shall inform the department head and executive director of human resources of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) months period or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the department head concerned will take steps necessary to restore the employee to the former or comparable position. Sec. 9-143. - Military leave —Proof of orders; reinstatement. An employee shall be granted military leave if he or she furnishes the executive director of human resources satisfactory proof of his or her orders to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, he or she will be reinstated as provided by law. Page 14 of 16 11A-16 DIVISION 2.- SICK LEAVE Sec. 9-166. - Notice. The employee taking sick leave shall notify his/her department head either prior to or within four (4) hours after the time set for beginning his/her duties, or as otherwise established by departmental regulations. When the absence is more than three (3) consecutive working days, the employee shall present to his/her department head a physician's certificate stating the cause of illness and that, in his/her opinion, the employee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the executive director of human resources with the report of the return of the employee to work. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 5th day of June, 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: SoniiaQR.. Carvalho, City Attorney By: Laura A. Rossini Senior Assistant City Attorney Ordinance No. NS-XXX 11A-17 Page 15 of 16 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 2018 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Page 16 of 16 Clerk of the Council City of Santa Ana 11A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: ORDINANCE SECOND READING: AMENDING SECTION 2-372 OF ARTICLE IV, DIVISION 2.5, OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN THE FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION (STRATEGIC PLAN NO. 5,1) r CI ANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On May 15, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6-0 (Sarmiento absent): ORDINANCE NO. NS-2947 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-372 OF ARTICLE IV, DIVISION 2.5, OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN THE FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION In summary, approval of the ordinance will establish consistency with the revised bylaws of the Historic Resources Commission and Santa Ana Municipal Code Section 2-372 related to meeting frequency. 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. � _` C). Maria D: Huizar 411 Clerk of the Council Exhibit: 1. Ordinance No. NS-2941 1 B-1 11 B-2 LS 6.5.16 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-372 OF ARTICLE IV, DIVISION 2.5, OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN THE FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City's various boards and commissions have established dates and times for regular meetings. B. The Historic Resources Commission updated its bylaws to establish quarterly meetings to be held in January, April, July and October. C. The Santa Ana Municipal Code section pertaining to the meetings of the Historic Resources Commission requires amendment to align with the bylaws. Section 2. Section 2-372 of Article IV, Division 2.5, of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 2-372. - Meetings. The historic resources commission shall meet quarterly at dates and times specifically set out and established in the rules of the commission. Section 3. Adoption of this Ordinance is exempt pursuant to general rule that the California Environmental Quality Act applies only to projects that have the potential for causing a significant effect on the environment in accordance with Section 15061 (b) (3) of the Guidelines. Approval of this Ordinance amending the frequency of meetings held by the Historic Resources Commission will not have a significant effect on the environment because the action will not result in or lead to a physical change. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana Ordinance No. NS- 11 B-3 Page 1 of-2- hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: NOT PRESENT: Councilmembers Councilmembers 2018. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS- Page 2 of 2 Clerk of the Council City of Santa Ana 11 B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: ORDINANCE SECOND READING: APPROVING AMENDMENT APPLICATION NO. 2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH SCHOOL'PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT (STRATEGIC PLAN NO. 5,1) C MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY. APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On May 15, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4-2 (Sarmiento absent): ORDINANCE NO. NS-2948 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT In summary, approval of the amendment application will make the zoning of the recently acquired properties consistent with the zoning designation of the existing campus. Further, the properties will also become consistent with the General Plan land use designation for the high school. 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). 11 C-1 Second Reading Ordinance: Amendment Application No. 2018-02 June 5, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. C Maria D. Huizar Clerk of the Council Exhibit: 1. Ordinance No. NS-2948 11 C-2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT 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. In 1950, Mater Del High School began operations in Santa Ana. In 1961, the school obtained a conditional use permit to expand their existing classroom facilities. B. In 1995, the City Council approved a development agreement, amendment application and general plan amendment in conjunction with a master plan of development for Mater Del High School. In 1999, the Council approved an amendment to the development agreement, allowing an expansion of the high school campus. C. In 2015, the City Council approved Final Environmental Impact Report No. 2013-01 and Amendment to Development Agreement No. 1999-01; allowing the expansion of the campus and the construction of a three -level 1,000-car parking structure. D. Over the past 58 years, Meter Del High School has been a community asset, providing religious and educational opportunities to the youth of the community. in an effort to consolidate current parking facilities onto their campus, the school is proposing to rezone properties to be consistent with the existing zoning of the campus. E. Amendment Application No. 2018-02 has been filed by Mater Del High School to change the zoning designation from Single -Family Residence (R-1) to Open Space (0) for nineteen (19) parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the zoning of the existing high school campus. F. The zoning designation of the various parcels will allow the redevelopment of these parcels into a parking structure use, thereby being consistent with the goals and objectives of the General Plan. Ordinance No. NS-xxxx Page 1 of 4 11 C-3 G. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Meter Del project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve the City's 2014-2021 RHNA allocation. H. On April 23, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-02 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-02. I. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 15, 2018. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 15, 2018 accompanying this matter. K. For these reasons, and each of them, Amendment Application No. 2018-02 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 districts 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. The City Council has considered the information contained in the previously approved environmental impact report for the mater Del High School parking Structure and School Expansion project (EIR No. 2013-01) prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the proposed project has been analyzed under the EIR and meets all the requirements of CEQA. Section 3 . This ordinance shall not be effective unless and until Resolution No. 2018-_(General Plan Amendment No. 2018-02) is adopted and becomes effective. If said resolution and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Ordinance No. NS-xxxx Page 2 of 4 11 C-4 Section 4. 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 5. If any section, subsection, 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, or portions be declared invalid or unconstitutional. ADOPTED this 15'" day of May, 2018 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: � C- Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Ordinance No. NS-xxxx Page 3 of 4 11 C-5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-xxxx Page 4 of 4 11 C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: ORDINANCE SECOND READING: APPROVING AMENDMENT APPLICATION NO. 2015-01 REZONING VARIOUS PROPERTIES LOCATED ALONG THE BRISTOL STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2015-01 AMENDING THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1)(STRATEGIC PLAN NO. 5,1) CIT MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On May 15, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5-0 (Sarmiento and Solorio absent): ORDINANCE NO. NS-2949 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2015-01 REZONING VARIOUS PROPERTIES LOCATED ALONG THE BRISTOL STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2015-01 AMENDING THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) In summary, approval of the project will update a land use document that was originally adopted in 1991. Further, these actions will make additional City owned properties available for future development. 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). 11 D-1 Second Reading Ordinance: Amendment Application No. 2015-01 June 5, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar Clerk of the Council Exhibit: 1. Ordinance No. NS-2949 11 D-2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2015-01 REZONING VARIOUS PROPERTIES LOCATED ALONG THE BRISTOL STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2015-01 AMENDING THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) 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. In May 1991, the City Council approved various documents for the improvement and widening of Bristol Street, including a Plan identified as the Bristol Street Corridor Specific Plan. This plan was intended to provide the framework for future redevelopment of a 3.9 mile section of the Bristol Street Corridor in the central portion of the City. B. Over the past 25 years, improvements to the corridor have been made that are consistent with the goals and objectives of the Plan. However, recent changes in right-of-way needs have resulted in a need to modify the plan that will continue to further the goals of the plan while implementing a regulatory framework that protects the health, safety, and welfare of the City. C. Amendment Application No. 2015-01 has been filed by the City of Santa Ana to change the zoning designation of various parcels located along the Bristol Street Corridor Specific Plan boundaries. D. The zoning designation of the various parcels as shown on Exhibit A will allow the redevelopment of these parcels into residential or commercial uses, thereby being consistent with the goals and objectives of the Plan. E. Zoning Ordinance Amendment No. 2015-01 will amend the existing Bristol Street Corridor Specific Plan (SP1), a copy which is available at the Planning Division Public Counter and Main Public Library, or viewed on the City's Bristol Street Specific Corridor webpage. F. On April 9, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2015-01 subject to a modification to the plan that requires parking be located at the rear of any new building. This action will be consistent with the General Plan, as amended by General Plan Amendment No. 2015-01, and Zoning Ordinance Ordinance No. NS-roc Page 1 of 8 11 D-3 Amendment No. 2015-01 to amend the Bristol Street Corridor Specific Plan. G. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 15, 2018. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 15, 2018 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2015-01 and Zoning Ordinance Amendment No. 2015-01 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 districts 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. The City Council has reviewed and considered the information contained in the Addendum to the previously approved environmental impact report for the Bristol Street Corridor Specific Plan (EIR No. 1988-1) prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the proposed Addendum meets all the requirements of CEQA. Section 3. The real properties located along the Bristol Street Corridor in Santa Ana are hereby reclassified to Specific Plan No. 1 (SP-1). Amended Sectional District Maps, showing the above described changes in use district designations, are hereby approved and attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein. Section 4 . This ordinance shall not be effective unless and until Resolution No. 2018- (Addendum to Environmental Impact Report No. 1988-01 and General Plan Amendment No. 2015-01) are adopted and become effective. If said resolution and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 5. If any section, subsection, 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, or portions be declared invalid or unconstitutional. Ordinance No. NS-xx Page 2 of 8 11 D-4 ADOPTED this 15'" day of May, 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: [x ` .J 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 the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-xx Page 3 of 8 11 D-5 EXHIBIT A TABLE OF PROPOSED ZONE CHANGES Bristol Street Corridor Proposed Land Use and Zoning Changes General 1 SP-1—Open Space SP-1— Park with Commercial Open Space Commercial Option (OS) (GC) General 2 SP-1—Open Space (0) 513-1— Park with Commercial Open Space Commercial Option (OS) (GC) Low Density 4 SP-1—Open Space (0) Single -Family Residential (Fill Open Space Residential (OS) (LR 7) Low Density 5 SP-1—Open Space (0) Single -Family Residential (RS) Open Space Residential Phase IV (05) (LR-7) Low Density 8 SP-1—Open Space (0) Single -Family Residential (RI) Open Space Residential (OS) (LR-7) Low Density 9 SP-1—Open Space (0) Single -Family Residential(R3) Open Space Residential (051 (LR-7) Professional Low Density and SR SP-1- Arterial Commercial (CS) SP-1—Office Residential Administrativ (LR-7) a Office (PAO) General Low Density 22a SP-1-Arterial Commercial (C5) SP-1-Single-Family Residential Commercial Residential (FiS) (GC) (LR-7) Professional Phase I SP-1-Single-Family Residential & Low Density 28 SP-1-Professional (P) Administrativ Residential (RS) e Office (LR-7) (PAO) 34 SP-1—Residential/open Space SP-1—Commercial Open Space General Commercial Ordinance No. NSaa Page 4 of 8 11 D-6 Bristol Street Corridor Proposed Land Use and Zoning Changes Specifi c Plan Proposed QgAro�ect -Parcel Block Zoning roposeitz7oning, No - (OS) (GC) Professional and General 38 SP-1- Professional(P) SP-1—Commercial Administrativ Commercial e Office (GC) (PAO) Medium SP-1-Single-Family Residential Density Law Density 40a SP-1.-Open Space (0) Residential (RI) Residential( (LR 7) MR-15) SP•1- Single -Family Residential Open Space Low Density Phase III 40b SP-1-Open Space (0) (R3) (OS) Residential (LR•7) General SP-1— Park with Commercial Open Space 41 SP-1- Open Space (0) Commercial Option (OS) (GC) General 41a SP-1 - Open Space (0) SPA — ParkwithCommercial Open Space Commercial Option (OS) (GC) SP-1-Redevelopment District General 42 (RD) SP-1- Commercial Commercial No Change (GC) SP-1-Redevelopment District SPA -Single-Family Residential Low Density 42a (RD) (RI) Residential No Change (LR-7) General SP-1-Open S(0) SP-1— Park with Commercial Open Space Commercial 43 Option (OS) (GC) Phase II SP-1- Redevelopment District General 44 (RD) SP-1- Commercial Commercial No Change (GC) General 45 SP-1- Open Space (0) SPA —Park with Commercial Open Space Commercial Option (OS) (GC) Ordinance No. NS-xx Page 5 of 8 11 D-7 Bristol Street Corridor Proposed Land Use and Zoning Changes st General 47 SP-1. Conditional Use (CU) SP-1- Commercial Commerclal No Change (GC) SP-1-Single-Family Residential Low Density General 48 SP-1- Commercial Residential Commercial (RI) (LR-7) (GC) General Low Density 51 SP-1-Park w/Commercial Option SP-1- Single -Family Residential Commercial Residential (R1J (GC) (LR-7) Low Density SP-1-Single-Family Residential General Residential 51a SP-1-Park w/Commercial Option Commerclal (LR-7) (Ri) (GC) General Low Density Slb SP-1-Park w/Commercial Option SP-1- Single -Family Residential Commercial Residential (R1) (GC) (LR 7) General 5P•1—Park with Commerclal Open Space 53 SP-1-Open Space (0) Commercial Option (OS) (GC) SP-1-Single-Family Residential Open Space Low Density 55 No Change Residential (R1) (O5) (LR-7) SP-1-Single-Family Residential Open Space Low Density SSb 5P-1-Open Space (0) Residential (Rl) (05) (LR-7) SP-1-Singie-Family Residential Open Space Low Density Phase III 56 SP-1- Open Space (0) Residential (Rl) (OS) (LR-7) Professional and General SSa SP-1- Professional(P) SP-1- Commercial Administrativ Commercial e Office (GC) (PAO) 60b SP-1-Open Space (0) SP-1-Single-Family Residential Open Space Ordinance No. NS-ia Page 6 of 8 11 D-8 Bristol Street Corridor Proposed Land Use and Zoning Changes 'Widerrin Pkase c plan 'Existing No. aisting, Proposed pm Generalftfa (Rl) (OS) Low Density Residential (LR-7) SP-1-Single-Family Residential Open Space Low Density 61 SP-1-Open Space (0) Residential (111) (OS) (LR-7) Low Density 62 SP-1- Open Space (0) 'Single -Family Residential (R1) Open Space Residential (OS) (LR-7) Phase V Open Space Low Density 64 SP-1-Open Space (0) Single -Family Residential(R3) (OS) Residential (LR-7) Open Space Low Density 65 SP-1- Open Space (0) Single -Family Residential (R3) (OS) Residential (LR-7) Ordinance No. NS-xx Page 7 of 8 11 D-9 EXHIBIT B AMENDED SECTIONAL DISTRICT MAPS Ordinance No. NS-xx Page 8 of 8 11 D-10 Y 3So-10 36-41 3jke P(O i RO 9IU I i ASTER PL A H C1 R' 8 R1 3 S Extvxy�� I N �E R1 Rt� N R1 j Al Al KENO—RY LH MEMORY LN 3 3 e. — Rna.ucEDx �Ae Rt wD fld R,qnn $ AwL E P pi lam �� o r o 5XA0.0N RD R p -L� R1' RIVEa3NE0R ` SOBS .. pNFAtN y� �L1_ �R1 R1 N '1 ° i�/, 11I - aNtlM®Ioa fl1�� R.1 Q JS� D fitlL R XPMII eLVO m� r 3L, III���I W■� E �I I 3 R' ®�n flf — taLiul - gl-yRX tl3 _ IYIB RI N E Q C f�rAiR SP1i O' n� RI qt N Q cL®nw Wq`WI li�� 1616I��IFlE]iSN� �' 3GMA CLN4AV Z y� a I' �+onjC1M� d(RI.e TES BUP LOgV J m�S9 aW Div® I� 1 ® wL�yl R.1 15EN1 ] R1 ^„�e o Rt P Ktla Ts Ct i10i 9i S , flt m[�Rt . 61��¢ap�1%s�ye9e yp®y '� $�q � 1� pay SDIB � IP* P F� $ tom _fill � NSW �4®1R°'R11 ''�eSR'�! 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M1 LIGHT INDUSTRIAL R4 SUBURBANAPARTMENT PLANNED RESIDENTIAL PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNEDSHOPPNG CENTER 0 OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHTDISTRICTII C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL Ri SINGLE-FAMILY RESIDENCE SECTIONAL DISTRICT MAP: 1-5-10 ol CITY OF SANTA ANA, CALIFORNIA Exhibit: 11D-11 11 D-12 3� P WA N/A !O N V X N r o 0 Aw Z ®a . 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M1 LIGHTNDUSTRIAL R4 SUBURBANAPARTMENT PLANNED RESIDENTIAL -PRO DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY IN RE RESIDENTIAL ESTATE C4 PLANNEDSHOPPNGCENTER O OPENSPACE SO SPECIFIC DEVELOPMENT -HD2 HEIGHTDISTRICTII C5 ARTERIALCOMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE SECTIONAL DISTRICT MAP: 24-5-10 e CITY OF SANTA ANA, CAUFORNIA Exhibit: 11 D-25 11 D-26 CITY OF SANTA ANA COUNCIL COMMITTEE MEETING AGENDA ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY COMMITTEE MONDAY, MARCH 12, 2018 5:00 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson Vicente Sarmiento Recording Secretary: Teresa Ramirez PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes from January 8, 2017 Regular Meeting {Strategic Plan No. 5, 1} 2. Review of Fiscal Year 2016-17 Single Audit Report {Strategic Plan No. 4, 1} (Francisco Gutierrez, FMSA) 3. Verbal discussion: One Stop Shop Tour of City of Riverside and Next Steps {Strategic Plan 3,3 and 7,5} (Candida Neal, PBA) 4. Verbal discussion: Infrastructure Housing Policy (Development Impact Fee) {Strategic Plan 6, 1 E} (William Galvez, PWA & Candida Neal, PBA) 5. Earthquake Preparedness and Seismic Retrofit City Hall {Strategic Plan 6, 1a, c, and f; and 6, 2a and b} (William Galvez, PWA) 6. Update on the Recycled Water Cost -of -Service Study and the new Recycled Water rates {Strategic Plan No. 4,1} (Nabil Saba, PWA) (5 min) 7. Update on the Water Rate "Pass -through" increase scheduled for July 2018 {Strategic Plan No. 4,1} (Nabil Saba, PWA) (5 min) 8. Presentation of Draft Real Property Disposition Policy {Strategic Plan No. 3, 5} (Rob Zur Schmiede, CDA) 9. Update on the Pilot Parking Study {Strategic Plan No. 5, 4} (William Galvez, PWA) Santa Ana City Council Miguel A. Pulido, Michele Martinez, Vicente Sanniento, Jose Solodo, P. David Benavides, Juan Villages, Sal Tina ero, Mayor I Mayor Pro Tern, Ward 2 I Ward ( Ward I Ward Ward Wardl6 MMdoRd ntaneom MMaNnez(Asanla-ana ora VSmmlgnl.Aamaanaom JSalodoratsanlaana om Deenavleesrasamaana.me Me...a(alsanWna.ao STinaiemtdsamaana.ara City Hall, 20 Civic Center Plaza . P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714-647-6900 • Agenda Item Inquiries: 714-647.6520 e Website: wwvv.santa-ana.era 13A-1 STAFF COMMENTS COMMITTEE MEMBER COMMENTS ADJOURNMENT— The next regular meeting is scheduled for Monday, May 14th at 5p.m. If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title ll, 28 CFR 35.1021 The complete Strategic Plan document is available at http://www.santo-ana.ora/strateaic-planning/ ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET 2 March 12, 2018 AND TECHNOLOGY AGENDA 13A-2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY ATTENDANCE: MEMBERS ABSENT: STAFF PRESENT: REGULAR MEETING MINUTES March 12, 2018 City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:12 p.m. Council Committee members: Michele Martinez, Chairperson Vicente Sarmiento None Raul Godinez II, CMO Rob Zur Schmiede, CDA Francisco Gutierrez, FMSA Sergio Vidal, FMSA Sarah Ro, FMSA Julie Castro -Cardenas, CMO Bianca Zurita, CDA Jorge Garcia, CMO Candida Neal, PBA William Galvez, PWA Nabil Saba, PWA Jack Ciulla, ITD Melanie Torres, ITD Taig Higgins, PWA GUESTS PRESENT: Peter Katz, Com-Link; Irma Macias, Com-Link; Daphnie Munoz, WNDE; Nitin Patel, WNDE; Matt Buck, CAA; Jorge Chavez, Janet Baas; Nancy Mejia, LHA; Sarai Arpero, LHA; Yenni Diaz; Laura Portola, LHA; Reyna Artero, MUCA; Ana Urzua, SABHC; Isuri Ramos, Kennedy Commission; Kristopher Fortin, SAAS; Karen Romero Estrada; OCCORD PUBLIC COMMENTS • Nancy Mejia, Latino Health Access: speaking on agenda item #8, requests meeting with staff and community to explore different alternatives to selling the land and make recommendations. Shared results of October 2017 survey of residents, primarily in Wards 2 & 5 stating majority of residents would like to be included in conversation on land decisions. • Isuri Ramos, Kennedy Commission; speaking on agenda item #8. Interested in affordable housing and would like to a part of the process regarding land. Kristopher Fortin, (Santa Ana Active Streets) SAAS part of Equity for All, spoke on item 48 — would like City to meet and consider community before taking action. March 12, 2018 1Economic Development, Infrastructure, Budget & Technology Minutes 13A-3 • Karen Romero Estrada, Orange County Communities Organized for Responsible Development (OCCORD) also a part of Equity for All coalition: speaking on agenda item #8 — Would like residents most impacted to participate in the planning and development of community. And that development should benefit local communities, families, and youth. • Reyna Artero, Manos Unidas Creando Arte (MUCA) Cooperative a part of Equity for All: speaking on agenda item #8 — Would like residents included in decision making and would like opportunity to meet with individuals to express their concerns and ideas. AGENDA DISCUSSION ITEMS 1. Approval of Minutes from Regular Economic Development, Infrastructure, Budget and Technology Committee Meeting of November 13, 2017. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: None (0) 2. Review of Fiscal Year 2016-17 Single Audit Report {Strategic Plan No. 4, 1) - (FMSA) Sergio Vidal, Assistant Director of Finance, provided presentation on Single Audit of Federal Awards prepared by White Nelson Diehl Evans LLP, auditors. During fiscal year 2016-17, there were 24 federal grant programs totaling $60.5 million. Audit objective is to determine compliance with federal rules and regulations. Major programs tested for audit were Section 8 Housing Choice Vouchers, Home Investment Partnership, and Asset Forfeiture (Department of Treasury). Other programs reviewed: Community Development Block Grants (CDBG), Workforce Innovation and Opportunity Act (WIOA), Highway Planning & Construction, and Homeland Security Grant (UASI). City received unmodified audit opinion ("clean opinion") and there were no material weakness or significant deficiency identified. However, one compliance finding found for asset forfeiture fund related to equipment management; Finance is working with department. Chairperson Martinez inquired in regard to sanctuary city and this administration; are there any potential loss of revenues. Jorge Garcia, Assistant to the City Manager, stated only area in jeopardy is law enforcement grant. Byrne grant is one that could be affected, but amount is small relative to total. Working with Finance staff to monitor. 3. Verbal discussion: One Stop Shop Tour of City of Riverside and Next Steps (Strategic Plan No. 3, 3) - (PBA) Candida Neal, Acting Director: On February 111h, team from City of Santa Ana visited the City of Riverside, Community Development Department. Saw two programs just initiated last year: 1) One Stop — physical arrangement on how they interact with customers; modeled after Santa Ana public counter. Key agencies in one location with customer cueing system and a comfortable waiting area, like Santa Ana. Cities differ in reception/information desk vs March 12, 2018 l Economic Development, Infrastructure, Budget & Technology Minutes 13A-4 technical staff trained to help customers. Riverside has a button customer can push to rate their experience which allows good quick feedback. 2) Streamline Riverside — Development review process system to expedite process. In two-year timeframe they engaged team of stakeholders, staff and groups from outside involved in development process and worked together to get process online. Good take -away that we could implement using the resources we have at Santa Ana. (Item 8 taken out of order.) 8. Discussion on Draft Real Property Disposition Policy (Strategic Plan No. 3, 51 - (CDA) Public comments taken from additional members of Equity for All. Robert Zur Schmiede, Interim Executive Director, gave draft to committee council members for review as a first step. Based on testimony heard today, would like to delay bringing to council until April 31 as a Work Study Session. Meeting scheduled March 22nd with Santa Ana Building Healthy Communities for their input. Would like to meet with each of the groups gathered tonight to get their contact information for follow-up. Draft document includes municipal code provisions and policy. Land owned is often grant fund restricted. List of properties with classifications included with policy. Will reach out to groups wanting to meet to discuss and hear their input. 4. Verbal discussion: Infrastructure Housing Policy (Development Impact Fee) (Strategic Plan No. 6, le) (PWA) William Galvez, Acting Executive Director: In effort to become development friendly and economic development friendly, PWA is updating development impact fees. David Taussig & Associates, consultant, to provide study to quantify infrastructure cost for expanding housing and other developments in the City. Consultant to evaluate existing fees, review and confirm potential of land development projections and then establish capital needs level of service and develop methodology. We want to provide developers easy to understand formula and a nexus for their required mitigation. Would like to bring to council for approval in Fall 2018. Maintenance cannot be included in impact fee per code. Chair Martinez inquired on restriction on maintenance fees, if they're included in municipal code or charter and if there can be any changes made. Need to decide on collection of one- time funds and put into account for projects or make changes to municipal code or charter to make sure we have ongoing monies to maintain new developments coming in. Mr. Galvez will follow-up to make sure PWA is addressing questions regarding municipal code, charter and government codes. Additionally, will follow-up with consultant on how to establish particular account so as developers' funds are deposited they are set aside for infrastructure that is supposed to be expanded. (Item 9 taken out of order.) 9. Update on the Pilot Parking Study (Strategic Plan No. 5, 4) (PWA) PWA Acting Executive Director, William Galvez: Provided presentation on Residential Pilot Parking Study and Sample Study Area Analysis. Parking is a challenging issue in the City. There 27 Preferential Parking Districts (PPD), with parking management trying to manage high density residential areas and parking needs. Primary purpose of districts is to allow residents to park on their street by reducing intrusion. Permits and necessary signage are provided to March 12, 2018 i Economic Development, Infrastructure, Budget & Technology Minutes 13A-5 districts. Two challenging areas identified for analysis: Northeast and Eastside parking districts. Staff will do audit to count available street parking, driveways, and on -street parking. Audit would help to make suggestions to provide added parking such as for parks, that currently have restrictions. Would like to put out RFP for Citywide Parking Management Plan in June 2018. Chair Martinez stated districts can be very restrictive for on -street parking in arterials. Maybe updates can be done to consider allowing parking between 8:OOpm to 6:OOam when traffic is not as heavy. Mr. Galvez mentioned that possibly adjustments to thresholds of `one -size fits all' policy to help with parking. Committee member Sarmiento asks for creative ideas to help with overcrowding and create spaces. 5. Earthquake Preparedness and Seismic Retrofit City Hall (Strategic Plan No. 6, 1a, c and f; and 6m 2a and b) (PWA) City Manager Raul Godinez spoke with former PWA Director when he first learned that City Hall may have some vulnerability. Staff will assess using civil engineer procedures using standard seismic safety protocol for analyzing buildings. Recommending Tier 1 analysis to assess how vulnerable building is, order of magnitude of retrofit, and research FEMA hazard mitigation grants. Also looking into opportunity to create an EOC at City Hall which could open other funding avenues. William Galvez, Acting Executive Director: Presentation provided on Seismic Evaluation and Retrofit of Existing Buildings. American Society of Civic Engineers has a prescribed method for evaluating structures. Will issue Request for Proposals (RFP) to evaluate City Hall and take results to City Council for review and approval. Update on the Water Rate "Pass -through" increase scheduled for July 2018 (Strategic Plan 4,1) (PWA) Nabil Saba, Water Resources Manager, provided presentation with background on water rates Water rates are supposed to be increased by both regional suppliers, Orange County Water District (OCWD) and Metropolitan Water District (MWD). OCWD is proposing a 6% increase. MWD adopted on our Tier 1, increase of 3.4% of which we use 25% of our supply from MWD. Southern California Edison (SCE) has kept their service rates unchanged. New water rates will be added (pass -through) as adopted in rate study. Typical customer will see 4% increase which amounts to $3.90 per month (based on 15 units of water use). Next step: will provide 30-day notice per Prop 218 and then implement new rate on July 1, 2018. Committee member Sarmiento commented on OCWD board meeting where letters signed by three member cities (Santa Ana, Fullerton, & Anaheim) are opposing the increase. OCWD on notice and ought to seek other alternatives; maybe revisiting capital improvements. Next OCWD board and public meeting scheduled for April for discussion and vote. ITEMS MOVED TO NEXT COMMITTEE MEETING None March 12, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-6 PUBLIC COMMENTS: None STAFF MEMBER COMMENTS: None COMMITTEE MEMBER COMMENTS: Chairperson Martinez: Letter of prejudice for active transportation awareness and money up - fronted. SCAG issued trailer bill and can now do letter of prejudice and apply for upfront costs on active transportation and SB-1 funds to move faster through projects. Need to do application and letter of prejudice. Would like to move forward, ask if you need help from SCAG NEXT MEETING: • Monday, May 14, 2018 Adjournment — 6:43 p.m. Audio of meeting available at.- http://santaana.granicus.com/MediaPlaver,php?view id=2&clip id=1757 March 12, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-7 13A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 Is] 44;1: 91&sielll� ilS11*4[91 _W TITLE: APPROVED RECEIVE AND FILE PUBLIC WORKS ❑ As Recommended AGENCY STATUS OF PROJECTS - ❑ As Amended MONTHLY CAPITAL IMPROVEMENT ❑ Ordinance on Reading El Ordinance on ' Reading PROGRAM EXECUTIVE REPORT FOR ❑ Implementing Resolution MAY 2018 ❑ Set Public Hearing For (STRATEGIC PLAN NO. 5, 1) *4*�� CITY ANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Receive and file the Public Works Agency Status of Projects - Monthly Capital Improvement Program Executive Report for May 2018. DISCUSSION The May 2018 Capital Improvement Program (CIP) Executive Summary (Exhibit 1) provides Public Works Agency activity in alignment with the City's Strategic Plan. The report includes tasks, next steps, outcomes, and percentage completed for each project. The CIP Executive Summary Schedule is available on the City's website at: http://www.santa-ana.orq/pwa/documents/ExecutiveMonthlyCIPMav2018 pdf. The following remarks are provided to note significant matters related to CIP projects: Drainage Master Plan Alternative Improvement Assessment The Drainage Master Plan will provide a comprehensive long-range planning document for the implementation and development of storm drainage facility improvements in the City. This includes improvements to various drainage facilities such as storm drain pipes and channels. Michael Baker International has been contracted to do the study and is 95% complete with plan. Omnibus Concrete Repair Project — Non -motorized This project will repair sidewalk trip hazards, wheel chair ramps, and concrete gutters throughout the City based on resident and business owner requests as well as the results of the citywide sidewalk assessment performed in 2016-2017. The construction contract is tentatively scheduled to be awarded in August 2018. 19C-1 Monthly CIP Executive Report for May 2018 June 5, 2018 Page 2 Alley Improvement Program This project will replace two existing alleys with new concrete. Through cost savings from the prior year's alley project, the rehabilitation of one alley on the project schedule was expedited. This alley is located south of Pine Street and north of Chestnut Avenue, east of Halladay Street and west of Cedar Street in the Eastside Neighborhood in Ward 2. The remaining alley is located south of Walnut Street, North of Pine Street, East of Standard Avenue and West of Minnie Street in Ward 2. The project will be released for bid advertisement in early summer 2018. Civic Center Storm Drain Lift Station The City of Santa Ana has issued a request for proposals to obtain a qualified professional engineering design firm to provide design services and recommendations for the replacement of two existing Civic Center storm drain lift stations. The firm will also ensure compliance with all safety, permit, and regulatory requirements for mechanical, electrical, and civil work. Once proposals are received, the project will be expedited with the goal to complete work prior to Winter 2018. First Street Drainage Lift Station The project includes reconstruction of an existing storm drain lift station. The improvements include upgrading the existing building, power supply, motor control systems, and Supervisory Control and Data Acquisition System (SCADA). It is anticipated the design/build contract will be awarded in the summer of 2018. STRATEGIC PLAN ALIGNMENT 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 Edwin "William" GaTvez, PS. Acting Executive Director Public Works Agency Exhibit 1: CIP — Executive Summary Schedule may be reviewed at: http://www.santa-ana.orq/pwa/documents/ExecutiveMonthlyCI PMav20l 8.pdf 19C-2 � \ � | , `\ $� k � as■■s¥¥ss *¥¥■¥■#.. a■#s < a■■ a¥■#k*■, !■■ §§E;r \ eW eg $%\}!!§!! oo 8R !\§§i! k!#/§ (E „ \| „ | ;|l;�,�� �) „ l=,�! !|!!! ` |,• ... .;.___.. v N F2 �E�� o o'�..000 aa» r es^ v � SC .. an n "s;' = w'7 3 0 3 !N W N N N F D N W N N N N W N V p W p N p N p P N p N N L p p N N _A £_ _ - F An F 0 $ $88888888888888888888888 $ 88888 8888 i 0 o n I a a � n A O { m O 3 m z D -i z i -Z1 6)z x�a 0 3 D X w j m n c co < A m H LA c a 3 GI 3 z a Q a LA m C m m 19C-4 W J � a W � Y V N Y 4 V Q - V L p Q 4 N y, E Y w 3n� V N X cQc CO W G D a O Qo�= Z �cc0 a Q Z 4/1 W 00 G > Q V °C a g a a V 199 " $, 8, g 1818 I8' vgi '8,$ 18,8, 8, 8, 818181 , 11818, 8, g lale�8i8i8i8,g,8,8,g a s 7H`psp�eN��88p8�8��mp�p�8� N N N N N N N N N N N N N N N N N N N N N N ' o� a a�aYaYa a �F a z� a�a3 S �� . n -^: F F F� F F F r F F��� a F .. • E n� n L n �.� n. `o E a g x s g a L c s u« Eav "n^^75 'fnjjN u _ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: AWARD PURCHASE ORDER TO ATLANTIC MACHINERY, INC., FOR A COMPRESSED NATURAL GAS HYDRO -EXCAVATION UNIT FOR THE WATER RESOURCES DIVISION (SPECIFICATION NO. 18-044) (STRATEGIC PLAN NO. 6,2) A RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one-time purchase and payment of purchase order to Atlantic Machinery, Inc., for the procurement of a compressed natural gas hydro -excavation unit in the amount of $507,748.38, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Water Systems Maintenance Division performs a variety of maintenance and repairs to the City's water distribution system which consists of approximately 4,500 miles of water mains, 57,000 water service connections, 4,815 fire hydrants, 7 pumping stations, 20 production wells and facilities, and other water related assets. Presently the Public Works Agency Water Resources Division is in need of an additional hydro - excavation unit to safely and efficiently repair water main lines throughout the City. Hydro - excavation units expedite the repair of system disruptions, such as water main breaks or leaks, by performing "no -dig" excavation operations. This excavation technology minimizes the potential damage to other underground utilities, also reduces occupational hazards associated with traditional excavations, and decreases the overall excavation footprint. When compared with traditional back -hoe and manual digging, the hydro -excavation method is also much more efficient. For the past three years Public Works Agency crewmembers successfully utilized a hydro - excavation unit and obtained first-hand experience of the benefits of utilizing this technology. 22A-1 Contract Award for a CNG Hydro -Excavation Unit June 5, 2018 Page 2 Given the scope and size of the City's existing water distribution system, Public Works Agency staff recommends that an additional hydro -excavation unit be purchased in order to keep up with the current demand for repairing damaged and/or broken water mains. As a result of an open, competitive bidding process, the National Joint Powers Alliance recently awarded a contract for Vac -Con hydro -excavation units to Atlantic Machinery, Inc., at a cost of $497,748.38 each (Contract #122017-AMI). The specifications for these units have been determined to meet the City's requirements. Because Santa Ana Ordinance No. NS-2312 authorizes the City to also purchase against contracts (commonly referred to as "piggyback") from another public agency that utilized a competitive bid process, staff is recommending to award a contract to Atlantic Machinery, Inc., for the same equipment. The amount of the City's contract includes a $10,000 contingency for any unanticipated services, accessories, and supplies, for a total award of $507,748.38. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $507,748.38 are available in the FY 2017-18 Water Systems Maintenance account (06017641-66400). Acting Executive Dire Public Works Agency CL/sp APPROVED AS TO FUNDS AND ACCOUNTS: Jk'k � ✓ Executive Director Finance and Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: ACCEPT CONSTRUCTION COMPLETION FOR THE WARNER AVENUE AND FIRST STREET PAVEMENT MAINTENANCE PROJECT (PROJECT NOS. 15-6840 & 16-6858) (STRATEGIC PLAN NO. 6, 1 B; 1 C; 1 G) i CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Accept the work as completed for the construction of the Warner Avenue Pavement Maintenance and the First Street Pavement Maintenance projects. On January 17, 2017, the City Council awarded a construction contract to All American Asphalt for a base contract of $2,588,698 and contingency of $522,998 for a total not to exceed amount of $3,111,696. The project consisted of resurfacing segments of Warner Avenue and First Street (Exhibit 1). The work included preparing the roadway by making minor pavement repairs such as localized replacement of asphalt concrete pavement followed by slurry seal resurfacing, striping, stenciling of legends, and sign installation. Once construction was underway and staff was certain that the project would be completed within the contract authorized limits, staff recommended using the favorable bid pricing to both enhance the longevity of the roadway and add pedestrian accessibility by identifying within the project limits additional roadway and walkways areas. These value added improvements resulted in increasing some of the work quantities including Asphalt Pavement, Cold Milling, Utility Adjustments, Slurry Seal, and Traffic Loop Detectors. Additionally, in order to enhance some of the Americans with Disabilities Act of 1990 (ADA) pedestrian ramps, the concrete curb ramp footprints were expanded, resulting in greater quantities of Unclassified Excavation and Concrete Curb Ramps as well. The final accounting shows that despite adding amenities and enhancements, the final contract expenditure remained within the City Council authorized limits. The following table is a summary of the authorized project funds and the final expenditures including the added work. 23A-1 Construction Completion: Warner Avenue & First Street Pavement Maintenance Projects June 5, 2018 Page 2 AUTHORIZED FUNDS Subtotal_ Amount _ Construction Contract Award $2,588,698 Contingency $522,998 TOTAL AUTHORIZED $3,111,696 CONSTRUCTION EXPENDITURES Construction Contract $2,588,698 _ Quantity Adjustments (+/-) [no change orders were approved] $421,042 • Slurry Seal & Paving $157,339 • Curb Ramps $263,703 ........... _... -- ...._....... . FINAL CONSTRUCTION COST __W._W.-........ .-_. _............ $3,009,740 Balance of Funds Remaining (Unexpended) $101,956 Unexpended funds automatically return to the unallocated fund balance. This project was funded by Measure M2, and any unexpended funds remain available for the next Measure M2 eligible projects. 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); 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); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan [e.g., neighborhood streets, traffic improvements, etc.]). ENVIRONMENTAL IMPACT There are no environmental impacts associated with the recommended action. FISCAL IMPACT There are no fis mpacts related with the Edwin "William' al z, .E. Acting Executive Director Public Works Agency EWG/AC/TC/RA Exhibit 1: Location Map acceptance of the improvements. 23A-2 2VAtt b 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: AWARD CONTRACT TO ALL AMERICAN ASPHALT FOR LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017/18 PROJECT (PROJECT NO 18-6907) (STRATEGIC PLAN NOS. 6, 1B; 1C; 1G) CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution__ ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,574,539, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Local Street Preventative Maintenance FY 2017/18 Project, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a $1,850,000, which includes the contract bid and an authorized contingency of $118,007. DISCUSSION total estimated construction delivery cost of amount, administration, inspection and testing, The City's Pavement Management Program has been developed to identify the preventative maintenance requirements for the City's street network. The local street segments recommended for the Fiscal Year 2017-18 Local Street Preventative Maintenance Capital Improvement Project have been identified as high priorities for slurry seal (Exhibit 1). The recommended work consists of preparing the roadway by performing minor pavement repairs, including localized replacement of asphalt concrete pavement, followed by slung seal resurfacing, crack seal, striping, and signage. The improvements also include replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will improve the city s overall pavement condition, enhance the visual appearance of the street, upgrade ride quality, and further compliance with Americans with Disability Act (ADA) standards. A Notice Inviting Bids was advertised on March 30 and April 4, 2018, and bids were opened on April 24, 2018. The following is a summary of the bid invitations made and the bids received: 23B-1 Award Contract to All American Asphalt for Local Street Preventative Maintenance FY 2017-18 Project June 5, 2018 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 11 Contractors requesting bidding documents 11 Bids received 3 Bids received from Santa Ana contractors 1 Bid Results SummaN RANK LBIDDER'S NAME LOCATION BASE BID 1 All American Asphalt Corona $1,574,539.00 2 RJ Noble Company Orange $1,823,550.00 3 Hardy & Harper, Inc. Santa Ana $2,040,000.00 A total of three bids were received and all bids were deemed responsive. All American Asphalt submitted the lowest responsive bid in the amount of $1,574,539 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends All American Asphalt be awarded the construction contract in the amount of $1,574,539 (Exhibit 3). 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); 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); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2017-143 was filed for the project. 23B-2 Award Contract to All American Asphalt for Local Street Preventative Maintenance FY 2017-18 Project June 5, 2018 Page 3 FISCAL IMPACT This Local Street Preventative Maintenance project was approved by Council in the FY 2017-18 Capital Improvement Program. As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $1,850,000, which includes construction contract, administration, inspection, testing, surveying, and an authorized contingency of $118,007. Funding is available in the M2 Street Construction Fund (Account No. 03217662-66220) for expenditures in Fiscal Year 2018-19. - :e6r�L Edwin "William" Galvez, P. . Acting Executive Director Public Works Agency EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco GutierrezN �1 Executive Director Finance and Management Services Agency 23B-3 23B-4 17TH ST 5TH 1ST MCFADDEN FOUNTAIN VALLEY SMTAANA PUBIICWORKS AGENCY � PREVENTATIVE MAINTENANCE - NEIGHBORHOOD BOUNDARY 'ARDEN GROVE e�y eN RANG GROVE BIVD 92 SANTA y��� ANA Project No. 18-6907: Exhibit 1 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017/18 NEIGHBORHOOD 25•RNERVIC.V a ST 21.NORIHAEST Q.:N.•SANTAANNTA 52• CASACESAN:IAGO G4•CCNCCRD 55•CCNAPARK W-NON NETCHSCKHOOO 92. NON•NDCHSORIlcon 23B-5 CITY OF SANTA ANA -ADDENDUM No. One PROPOSAL Exhibit 2 PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American Asphalt REQUIREMENT: ADDENDUM No. One 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 sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation * 60 CY $ (160.00 $ %ODo.00 2 Cold Mill (2") * 182,200 SF $ 0.2-D $ 36,KK�.60 3 AC Pavement * 2,370 TN $ .61 • b0 $ L43 L3-rz�.00 4 Rubberized Emulsion Aggregate Slurry (REAS) Type II * 1,960 TN $ toOO.00 $ 11Lle-1000.OD 5 PCC Curb & Gutter (Type A-2-6) 45 LF $ 23t. M $ to,3q r3. DO 6 Grind PCC Gutter 100 LF $Zt.00 $7-,L00,CC) 7 Tree Root shaving 1 EA $'53 z .00 $ s as. oa 8 Adjust Manhole Frame& Cover to Finished Grade 25 EA $'{SL.00 $ L1,8CD-00 9 Furnish and Install New Water Valve Frame & Cover to Finished Grade 23 EA $'S b6 • tro $ 1 L !c L'5.00 10 Crack Sealing 1 LS $ 11,g0D.,o $ �t-1, 900.Ob 11 Protection of Surface Utility Frames and Covers 1 LS $ g bL•oD $ 9 6-2' 0 o 12 Remove Existing Striping, Pavement Legends, and Markers I LS $3O,L50-o0 $30, 1$o•00 13 Signing & Striping 1 :LS $30,oco.oD $30,ccb.00 14 Labor Agreement Oversight 1 LS $ 15,000 $ 15,000 P-1 ofP-17 23B-7 CITY OF SANTA ANA ADDENDUM No. One PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017 18 TOTAL BASE BID 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. * 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. ADD ALTERNATE BID 1 15 Rubberized Emulsion Aggregate Slurry 110 TN $b-8 o•00 y6O,00 (REAS) Type II 16 Crack Sealing (Location Map -Areal) 1 LS $ b 'to0.00 $ (oi e(pp. 00 17 Protection of Surface Utility Frames and 1 LS $ 4y1 , t>0 $ c(r0t, pp Covers (Location Map Area I) 18 Remove Existing Striping, Legend, and Markers and Replace in -kind (Location 1 LS $ �t1,0. pp $ $� Map Area l TOTAL ADD ALTERNATE BID 1 $ %Z to u • 00 P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 TOTALBASEBID S4T�7`I,�39::Oa TOTAL ADD ALTERNATE BID I i,&roz,«o.t)0 koFal base AAk?runte 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 sixty (60) working days after the commencement date stated in the Notice to Proceed. The bidder shall commence construction of the Work within TEN (10) working days after issuance of a Notice to Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar day. Name of Firm Signature of BII Title Edward J. Carlson, Vice President (If an individual, so state. If a firm or co -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.) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-3 of P-17 23B-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 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; otherwise said funds, check, drafts, 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 bid 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 All American Signature of BIDDER Title Edward J. Carlson, Vice President (If an individual, so state. If a firm or co -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.) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-4 of P-17 23B-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 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: All American Asphalt Business Address: 400 E. Sixth Street Corona, CA 92879 Business E-Mail Address: publicworks@allamericanasphalt.com Telephone: 951-736-7600 State Contractor's License No. and Class: 267073, Class A, C-12 License Expiration Date: 01-31-2020 State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 1 6-30-2018 Signed: Title: Edward J. Carlson, Vice President P-5 of P-17 23B-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 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 harmless 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 All American Signature of BIDDER Title Edward J. Carlson, Vice President (if an individual, so state) P-6 of P-17 23B-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Edward J. Carlson being duly swrorn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member orthe co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. (2CORPORATION That he is of: All American Asphalt the Vice President a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That 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 behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the pr posed contract, for himself or any other person. Signature oof Bidder Edward J. Carlson, Vice President Subscribed and sworn to before me this day of 20 *Please see attached California Jurat* Signature of officer Administering Oath (Notary Public) P-7 of P-17 23B-13 CALIFORNIA JURAT , ... Ez - GOV .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document 10 which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 23rd day of ADril .2018 . Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) LC COURTNEY CHAPAS(and NotaryPuhlic-CaliforniaRiverside Courtly(2) Commission # 2772g84 Name of Signer My Comm. Expires N_ov 20.2020 Proved to me on the basis of satisfactory evidence be the person who appeared before me.) aU Q� I Place Notary Seal Above Signature Signa u e of Not �y Public OPTIONAL Though the information below Is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Ownership Affidavit Document Date: 4-23.2018 Number of Pages: 1 Signer(s) Other Than Named Above: None Top of thumb here Top of thumb here 23B-14 CITY OF SANTA ANA Bond No. OB597423 PROPOSAL PROJECT NO.: 18-6907 Bid Date: 0412412018 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 KNOW ALL PRESENT that, All American Asphalt , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of_ Ten Percent of Total Amount Bid— Dollars ($ 10% of Bid ), 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 null and void, otherwise it shall retrain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 19th day of April. , 2018. BIDDER* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street Suite 3900, Los Angeles, CA 90017 David We! (213) 270-0600 �l�SIOp AA tl L�f9 a�t1c —W a ,cam Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me "Please See Attached" this day of , 20_ Signature: Notary Public in and for the County of State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-8 of P-17 23B-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed rite document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On April 23.2018 before me, Courtney Chavas Notary Public Date Here Insert name one Title of ft OTcer personally appeared Edward J. Carlson Name(al o1 sig,rer(s) s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in COURTNEY CHAPAS his/her1thelf authorized capacity(ies), and that by his/her/their ?° e Notary Public Californiasignature(g) on the instrument the person(s), or the entity upon behalf Riverside County z of which the person(s) acted, executed the instrument. Commission # 2172984 = My Comm. Expires Nov 20.2929 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and off[ fell seal Signature Place Notary Seal Above Slgi aroofN ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: April 19, 2018 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signers Name: Edward J. Carlson SfgrlP�is Name: ❑ IndividualInri,'tict X Corporate Officer—Titie(s): Vice President ❑ Partner E ❑ Limited o General ❑ Attorney in Fact o Trustee ❑ Other: Top of INanb here ❑ Partner ❑ ❑ btu ❑ Attorney in Fact o Trustee ❑ Other: Title(s): _ o General 23B-16 a ILI e' r I ALL-PURPOSE O I d, •D Ff{tif w .rdn .w !<�UmKn dwKw!!rYK/w(.wJ .w .wP n .« .wM .w .w<.�i :n w✓<�N.<.(<mY.u�f.n .:�Vwv C.FN.w . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of orange On 04/19/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer's} who proved to me on the basis of satisfactory evidence to be the persons} whose names) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his(her/their signaturej4on the instrument the person(s) or the entity upon behalf of which the persons) acted, executed the instrument. A MACFARLANE Notary P.1ok-Catirorma i• w otanye County > 4e Commission 0 2188592 My Comm. Expires Mar 27, 2021 Place Notary Seal Above 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. Signature�f Ln Signature of Notary Public 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: Bid Bond Document Date: 04/19/2018 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capaclty(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual (-dAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: (vi('V 'y<Aa.'/!(L�<'e/<v�'UKt/Clv�.'v e/. tfq'rirh t 'v((v V vgV,gaP Lf< • • .\• • • i�r irr (r 23B-17 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Prover of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a. meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMON WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this �lday of20 uvcr4� -'�JNia54.p •., ' uw twe 00 8.. /V A 19 Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60I96-1056 23B-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 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: o Streets, highways including bridge projects: %:% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %_% 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 Dra License #/E4. S jrpgtS 'S131-yplq DIR Reg. #/Exp. t00000 55ti-1 t,-30,?,Ng Location Ora CA- q r_ Phone 14 rP39 t�am i Type Of Work Amount $ 6ruq, .no Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name R ��rl'Crcr4kd r�r�lu i Alr License #/Exp. gq,391-1 u-gd-zoig DIRReg.#/Exp. toao0L011& 6- D-2oig Location V:Ulle4bv\ CA 9Z7{31 Phone Z(N Svc-�197 Type Of Work C-w p -fittGc &OL& 5e,, Amount ,pm,U-N. Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ �//l Sig —, na of Bidder Edward J. Carlson, Vice President P-9 of P-17 23B-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 REFERENCES 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• City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga CA 91730 Name and Address of Owner. person familiar $1,130.470.00 Pavement Rehabilitation _ 07/2017 Contract Amount Type of Work Date Completed 2. City of Temecula 41000 Main Street Temecula CA 92590 Name and Address of owner. Name and Telephone Number of person familiar with project. $2,577,770.00 Pavement Rehabilitation Contract Amount Type of Work 3. Town of Apple Valley 14955 Dale Evans Parkwa Name and Address of owner. Rich Berger (760) 240-7000 Name and Telephone Number of person familiar with P, 11/2017 Date Completed CA 92307 $849,182.00 Road Rehabilitation 11/2017 Contract Amount Type of 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. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S. Figueroa Street #39QQ LQs Angeles CA 90017 (213) 270 0600 Owen M. Brown Insurance Millennium Corporate Solutions (Agent) Edgewood Partners Insurance Center (Insurance) 3633 Inland Empire Blvd St ltP 640 C)ntario CA 92690 (925) 244 770n P-10 of P-17 23B-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. City of V Name and Carlos Name and R $251,008.00 Contract Amount 14343 Civic Dr. Victo of Owner. 760)955-5162 of Santee 10601 of person familiar with project. Paving Project 6/2017 Type of Work Date Completed nolia Avenue Bldg. 4 Santee, CA 92071 Name and Address of owner. Tobv M. Esoinola (619) 258-4100 Name and Telephone Number of person familiar with project. $285,061.90 Slurry Seal 10/2017 Contract Amount Type of Work Date Completed 3. City of Yucaipa 34272 Yucaipa Blvd. Yucaipa, CA 92399 Name and Address of owner. Number of person $252,379.06 Micro -Surfacing Contract Amount Type of Work 8/2017 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. Fidelity and Deposit Company of Maryland (Broker Surety) Owen M. Brown Insurance Millennium Corporate Solutions Edgewood Partners Insurance Center (Insurance) vaaa Inland Empiw Blvd quite ..64(l. Ontario CA.A7R9n (995) 2.44 7700 P-11 ofP-17 23B-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 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, communication, 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, bill 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 J. State of Q County of Vice President Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me *Please See Attached California Jurat* Notary Public Signature Notary Public Seal P-12 of P-17 23B-22 CALIFORNIA JURAT T CODE1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside '6 ~ COURMEY CHAPAS `rr :..:. sNotary Public - California z ;p'm +FF Riverside County z �iry� Commission # 2172984 My Comm. Expires Nov 20, 2020 Subscribed and sworn to (or affirmed) before me on this 23rd day of April 2018 . Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature CV Q Place Notary sear Above Sig a ure of Vtary Public OPTIONAL Though the information below is not required by law, It may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: 4-23-2018 Number of Pages: 1 Signer(s) Other Than Named Above: Top of Numb here 23B-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 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. 3. 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 rules, 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, regulationsi-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, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 ofP-17 23B-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of 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 works 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: a z �14. ' 1 If - Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: glglW UlUaQ P-14 of P-17 23B-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS 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: 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. Signed:���.� Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: y1 �' qj� P-15 of P-17 23B-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS 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:X.e Title: Edward J. Carlson, Vice President Firm: All American Asphalt jJ Date: "tl�Ull�UIO P-16 of P-17 23B-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE 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 government 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 N/A P-17 ofP-17 23B-28 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez P. David Benavides Vicente Sarmiento Jose Solodo Sal Tinalero Juan Villages April 17, 2018 ADDENDUM No. One CITY OF SANTA ANA 20 Civic Center Plaza, M-36 • P.O. Box 19BB Santa Ana, Collfomia 92702 wW W.santa-ana.om CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Huizar SUBJECT: PROJECT No. 18 6907: Local Street Preventative Maintenance FY 2017/18 The following changes have been made to the Specifications of the subject project. Specifications 1. BID PROPOSAL, P-1 of P-17 and P-2 of P17: Replace Pages P-1of P-17 and P-2 of P-17 with the attached pages P-1 of P17 and P-2 of P-17. 2. APPENDIX G, Location Map and Striping Plans: Replace Appendix G with the attached entire _ set of Appendix G. All other terms and conditions remain the same. I a17 ANA Edwin "William" Galvez City Engineer Public Works Agency SANTA ANA CITY COUNCIL 1.4guel A Pulido i Female M1lnmz i vil resarmieoM i Jose sdodo i P. David eensvides ! Juon Ydlogss ! Sal Tnejere Maio, I Mayv Pm Tem. Ward R i wamI I Wald3 Ward i Ward5 1 Wald M1IPUI0ousanle-0n0 ore o i Wordeolo.7osanla-ana oro JSdedR'o smUaana om n8enav4esas,ma.,na an i JYIlenasCrasanlaana cm i STraleroMtmta-ana mg 23B-29 CITY OF SANTA ANA ADDENDUM No. One APPENDIX G PROJECT NO.: 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 LOCATION MAP 1 STRIPING PLANS 23B-30 c MH ST m 5TH 1ST MCFADDEN FOUAMA/M VALLEY SANTA ANA PWA �d C fe"l.s CARDEEN 00 0VE ADDENDUM No. One 12Z r ORANd lip, I GARDEN GROVE BLVD / GRY I I ' , I 12, I I � I' / ADD 421 pry\, i i ��ALTERNATEI �C tl AREA 1 �O�c I Y uu C j 192 ,S'AN J= Co C ANA 5TH ST C��._.��0 OO 1 y a F0000� � STI--STD O�OOO�O�O I lfill i 11 W) / 1 / 1 MCFADDIIEN AVE "I SLURRY SEAL 1 — — - NEIGHBORHOOD BOUNDARY ® ADD ALTERNATE PROJECT 18-6907 LOCAL STRET PREVENTATIVE MAINTENANCE FY 2017-18 LOCATION MAP 23B-31 f NEIGHBORHOOD 26-RIVERWEW WEST 27-NORTHWEST 42 - SANTAANAITA 52 - CASA DE SANTIAGO 54-CONCORD 66 - EDNA PARK GO -NON -NEIGHBORHOOD 92-NON-NEIGHBORHOOD PAGE 1 OF 1 SEE DETAIL 'A" LRIST SEE DETAIL "6' POALAF' A v SEE DETAIL "D' (SEE PACE 5 OF 61 P ;ANTA ANA PDOI IC WLAK$ AGENCY ADDENDUM No, One J L 11 11 l KEEL AV LL O GII SAVEPE AV E4IM11,1S091DEAV DETAIL "A' "S EEE PAGER 5L 0F06 DETAIL ' Br ]MH /SdNiALAHA Si DE PLAMWI 1i5SE1PER 0ETAIL'9'. INSIALLI$' LIMIT LINE IWIU THKMOFL6gC IF NOT SPECIFIED) m-—U� 16NI1ELINENWGtdSTIC II NOl SPECIFIFDI IDIANIA ANALSTOL. P\IXN11)E5C DET�ILDTIT®IXNIiELYX DFAFIASIICX IF NOT SPLCIFIEDI MAIDSiDP L' AXD/Dq STOP LEGEND. AS 1ST ST (BOLA AN a EXHIBIT 1 .11N ORANG Levi (NTS) p2 .;4 PROJECT 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 PAGE 1 OF 6 23B-32 ADDENDUM No. One SEE DETAIL "F° )SEE PAGE 6 OF 6) —J LJ LJ t 4 -� w Ilrzsxsec rlw SEE O1111L 33 ISEG PAD, f OF is' A 16 AIr • I LEGEND SLURRY SEAL 2' COLD MILL I" AC uv�pr .BY I LNNNIN 3 B wl uYmEAv U 6DBi AY 9MiVO AV II 1 L rNKO—TES, LOOpOLE YELLLW LINE PEP LITY pF ANAip. PLAN 11250-1 OETA IL '9". 10 ANAL 510E POW l PN01 RPM LINE I1 1. ® INSTALL 12' LRpSSIALK WH I TE TMER MG AsI,G IF NOT SPECIFIED) p HEEOEOE 6ipP 94P ANp/GP STOP LEGEND. AS EXHIBIT 2 Xi(kNTS�)' omp K 6ird�'w., E m SANTA ANA PROJECT 18-6907 P WA e LOCAL STREET PREVEN 201TA8 E MAINTENANCE PUBLIC WORKS AGENCY 23B-33 Ty MCEYJY iA 1 NiEN51011M LAIPO Si Y71ST' FLAW SIEN AT m WBA FACE EXTENSION I'CETE"A' FPION LAIRD Si NOTES: ® INSTALL DOUBLE YELLOW LINE PER CITY OF SANTA ANA STD. PLAN 1125E-1 DETAIL "4". Q SEE CITY OF SANTA ANA PLAN NUMBER. Q INSTALL DOUBLE YELLOW RPM LINE PER CITY OF SANTA ANA STO. PLAN 1125C DETAIL 1 Q INSTALL 12" CROSSWALK MITE THERMOPLASTIC IF NOT SPECIFIED) p INSTALL STOP BAR AND/DR STOP LEGEND. AS ADDENDUM No. One LEGEND: JAN ® SLURRY SEAL ORAry0 N O d` 2" COLD MILL, 2° AC (NTS) o ter, SANTA ANA PROJECT 18-6907 * S ■■ �P W A /■� LOCAL STREET PREVENTATIVE MAINTENANCE PUBLIC W- FY 2017-18 PAGE 3 OF 6 23B-34 ADDENDUM No. One W53R4Sf61 AVE r------------------------------1 I I g � I I � 1 I 1 KITH BY 1 1 1 I � 1 1 I I I 1 I 1 1 I I 1 1 I e I I I I � I I I I Q\ L r-----ADD ALTERNATE �ZIHST i AREA 1 I � 1 I � I I � I I I 1 = I NOTES! SEE CITY OF SANTA ANA PLAN NUMBER. I I } NEEDED` STOP BAR AND/OR STOP LEGEND, AS I I I 1 1 1 I I I ( I I / 1 ----------' EXHIBIT 4 LEGEND ® SLURRY SEAL 1 tl (NTS) SANTA ANA PROJECT 18-6907 P® LOCAL STREET PREVENTATIVE MAINTENANCE PUBLIC WORKS AGENCY 23B-35 ADDENDUM No. One 5 NOTES: L DOUBLE YELLOW LINE PER CITY OF SANTA ANA STD. PLAN 1125E-1 DETAIL Ti",1S © INSTALL WHITELTHERMOPLIASTICN IF NOT SPECIFIED) 10' © SEE CITY OF SANTA ANA PLAN NUMBER. © SANTA ANAESTOW PLANE11259-2POETA ILY"6�. It D� ® INSTALL LEGEND n INSTALL THERMOPLASTIC IF NOT SPECIFIEOI T D INSTALL DOUBLE YELLOW RPM LINE PER CITY D OF SANTA ANA STD. PLAN 1125C DETAIL 'I', it ® INSTALL PSTICXETHERMOLLAIF NOT SPECIFIEOI INSTALL 12" 19, 61 h HEEDED` T STASTOP BAR AND/OR STOP LEGEND. AS 1ABISE DIC. CE 72' 10' INSTALL YIELD LIMIT LINE PER OETAIL 4S S(SEE PAGE 6 OF 6) Q INSTALL WHITE TURN LANE LINE PER CITY OF SANTA ANA STD.PLAN 11258-IDETAIL 2'. 1 ® INSTAL LANE LINE EXTENSION PER CITY OF 50, SANTA ANA STO. PLAN 025E-2 DETAIL DETAIL 'C" 50, 50 POCKET REVERSE 75 125' CURVE TAPER R=100 DETAIL 'D" 6'1s, 16, e' 32' B' B' 32' B' 32' B' 38' 50' .I BD' 12 r' YELLOW SEE DETAIL "OF /per T, IL ISEE PAGE 6 OF 6l""' la• to R 25' SEE DETAIL ' OF i (SEE PACE 6 OF 6) S S0, INSTALL 12" NHITF LINE AT a D.C. INSTALL 12' m WNITF LINE AT B O.C. 0 EXHIBIT 5 ,�N °RANG DETAIL 'E' 0 OSANT AN PROJECT 18-6907 P W A LOCAL STREET PREVENTATIVE MAINTENANCE PUBLIC WO FY 2017-18 23B-36 ADDENDUM No. One POCKET REVERSE TAPER CURVE R=100 14 1 10' 13' 23' DETAIL I'FI' ®I'll I'll ia IwSp{R IFIUR'pd mxmw w mom I. FS SMILII It IPI'SIELFIG. IGOEI O 11 NF Fw OMEXwR�M OIrt Rn LIPWINIXw I IEET CL WNICE fqw KGIRAI T II.. DETAIL "GT i" i (NTS) SANTA ANA PUBLIC MAM1S AGENCY INSTALL I WHITE LIN AT B' O.0 — 55' — REVERSE CURVE R=100 27 13' DETAIL 'Ir KI.A'. NOTES: ® SANTA ANA STOE PLANG11256-1 BETA IIY"9". (D INSTALL LEGEND WHITE THERMOPLASTIC IF NOT SPECIFIED) 0 INSTALL TINTO TURN LANE LINE PER CITY OF is, SANTA ANA STD. PLAN IJ253-1 DETAIL V. 0 INSTALL 12" CROSSWALK MATE THERMOPLASTIC IF NOT SPECIFIED) '1 0 INSTALL STOP BAR AND/OR STOP LEGEND. AS DETAIL THY' —100'— POCKET 17' 10' 13' 00' PROJECT 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017-18 EXHIBIT 6 25' 23B-37 m c O d D Q Z W 0 h —v LL IR 3 y�°jt ugug � 6 QIqq p3� � tl $y B-� i� 3 9 �a� 30%gy� EE Yggy MUD.€° 33.l U 9 M 3ngs§ yia 3. 4 23B-38 y�°jt ugug � 6 QIqq p3� � tl $y B-� i� 3 9 �a� 30%gy� EE Yggy MUD.€° 33.l U 9 M 3ngs§ yia 3. 4 23B-38 z° LU g5�9�P9 0 iI0®vT®o 8DOL 3w )Y -W%IL5 =",, ba4vusae IL 9 9f Z a P gill E E Ere 9i �a3 '---- --0----------------- ----- %aio' F b'bwOl3'31� ?S�f�NCIRS l7iNN!!N7 23B-39 �O c8z ' a 11 ~= 3 3 i � a a 't ~� o v cr o Do i t � 0 3 0 cc N N N t 06 00 ' N C < i U� d d z o wy � L )�yQQr 0 U w Q N N x O 23B-40 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 18-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017/18 PROJECT This CONSTRUCTION CONTRACT is made and entered into this 5 h day of June, 2018 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 All American Asphalt (hereinafter "CONTRACTOR"). WTTNESSETH: 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 Local Street Preventative Maintenance FY 2017/18 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 Construction 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 • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 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 One Million Five Hundred Seventy -Four Thousand Five Hundred Thirty -Nine Dollars ($1,574,539.00), 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. mv. 09/01/2017 Page 1 of 3 23B-41 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 timeframe therein specified after issuance of a Notice to Proceed. 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. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: htti)://www.santa-ana.oriz/i)wa/documents/CWA.vdf 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 guarantee 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. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish 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 fmal contract price. 9. 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. // Page 2 of 3 23B-42 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: 4m2= AWN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ Acting Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR: All American Asphalt EDWARD J. CARLSON Vice President 23B-43 Page 3 of 3 23B-44 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 18-6907: LOCAL STREET PREVENTATIVE MAINTENANCE FY 2017/18 PROJECT Construction Contract $ 1,574,539.00 Contract Administration $ 69,454.00 Inspection and Testing $ 88,000.00 Contingencies $ 118,007.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,850,000.00 EXHIBIT 4 23B-45 23B-46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: EXECUTE AN AGREEMENT WITH GOVERNMENTJOBS.COM, INC. (dba "NEOGOV") FOR INSIGHT SERVICES (STRATEGIC PLAN NO. 7, 5A} W MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to approve a two year agreement with NEOGOV, for the period of June 25, 2018 through June 24, 2020 for the use of "Insight," a Human Resources Recruitment and Applicant Platform service in the amount not to exceed $31,567, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In alignment with the City Strategic Plan, which promotes innovation and efficiency, staff recommends adopting an agreement with NEOGOV, the City's current vendor for Applicant Tracking, in order to continue efficient recruitment, testing and hiring. The agreement helps automate business processes for greater efficiency and process improvement. The platform allows Human Resources staff to collect applications, run applicant and recruitment data, and electronically notify candidates of their status. In addition, it assists staff with workflow processes and efficiency by enabling departments to request to fill vacancies and complete hire action paperwork electronically. NEOGOV's online applicant tracking and recruitment system also cross lists the City's job openings so we are able to reach a wider applicant base. The Insight system directly imports new employee information into the Onboarding system already contracted by the City to streamline the onboarding process. The combined systems increase the efficiency of the recruitment cycle. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #5 (Create a culture of innovation and efficiency within the organization), Strategy A (Promote the use of new technology to improve the delivery of services and information to staff and the community). 25A-1 Agreement with Government Jobs.com June 5, 2018 Page 2 FISCAL IMPACT Funds will be budgeted and made available in the Human Resources Contract Services - Professional account (no. 01109050-62300) as follows: Fiscal Year Total Amount 2018-2019 $15,550 2019-2020 $16,017 Total: $31,567 Human Resources Department �I Ja Ciulla Ch f Technology Innovations Officer Information Technology Department APPROVED AS TO FUNDS AND ACCOUNTS: �m3` 1 Aft l—��e `i •� Francisco Gutierrez Executive Director yam" Finance and Management Services Agency Exhibit: 1. GovernmentJobs.com, Inc. (dba "NEOGOV") Service Agreement 25A-2 NEOGOT ONLINE SERVICES AGREEMENT THIS ONLINE SERVICES AGREEMENT (this "Agreement") is made and entered by and between GovernmentJobs.comp Inc., a California corporation doing business as NEOGOV C' EN OGOV"), with offices at 300 Continental Blvd., Suite 565, El Segundo, California 90245, and The City of Santa Ana, CA a public entity acting by and through its duly appointed representative ("Customer'). 1. Provision of Online Services. (a) Services. Subject to the terms and conditions set forth herein, Customer hereby engages NEOGOV, and NEOGOV hereby agrees, to provide Customer with, and/or access to, the services (the "Services") described in this Agreement and in the order form attached hereto as Exhibit A (the "Order Form"). Customer hereby acknowledges and agrees that NEOGOV's provision and performance of, and Customer's access to, the Services is dependent and conditioned upon Customer's full performance of its duties, obligations and responsibilities hereunder. (b) Chance Orders. Either party may initiate a change to any part of the Order Form by delivering a written change order request to the other party. The receiving party shall notify the party tanking such request, in writing within ten (10) business days ol'such receiving party's receipt of such change order request, of such receiving party*s acceptance or rejection of the proposed changes. If the receiving party fails to respond within such ten (10) business day period, such receiving party shall be deemed to have rejected such proposed changes. If the receiving party approves such change order, the parties shall agree on the estimate of time to complete the changes, associated costs, an impact analysis indicating ramifications or impacts to the overall project. a modification of any affected Fces, Services or deliverables, and any other relevant details related to such change order. 2. Customer Responsibilities. In connection with the performance of this Agreement and the provision of the Services, Customer shall be responsible for the following: (a) Compliance with Laws. Customer shall be responsible for ensuring that Customer's use of the Services and the performance of Customer's other obligations hereunder comply with all applicable rules, regulations, laws, code and ordinances. (b) Customer Data and Website. Customer shall be solely responsible for (i) the accuracy and completeness of all records, databases, data and information provided, submitted or uploaded by Customer or its users in connection with this Agreement or use of the Services ("Customer Data'), (ii) the content, quality, performance, and all other aspects of the goods or services and the information or other content contained in or provided through Customer's website, and (iii) making and keeping copies of all Customer Data. Except set forth in Section 9(c)(ii), NEOGOV shall have no obligation to provide or make available to Customer, and Customer shall have no right to receive, a copy of the Customer Data or any associated data files in any format. (c) Acceptable Use. Customer shall not: (i) provide system passwords or other log -in information for the Services to any third party except those specifically authorized to access the Services in this Agreement; (ii) share non-public NEOGOV system features or content with any third party; (iii) access the Services in order to build, assist, or facilitate the assembly of competitive product or service, to build a product using similar ideas, features, functions or graphics of the Services, or to copy any ideas,. features, functions or graphics of the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to discover or directly access the source code or any underlying ideas or algorithms of any portions of the Services or any underlying software or component thereof; or (v) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Services except as expressly permitted by this Agreement. In the event that NEOGOV suspects any breach of the requirements provided in this Section 2fe1, including by way of users of Customer's system, NEOGOV may suspend Customer's access to the Services for the reasonable time required to confirm or deny suspicion, in addition to other lawful remedies as required. (d) Unauthorized Access. Customer will take reasonable steps to prevent unauthorized access to the Services, including, without limitation, by protecting its passwords and other log -in information for the Services. Customer will notify NEOGOV immediately of any known or suspected unauthorized use of the Services or breach of its security and will use best efforts to stop any such breach. NEOGOV Page 1 of 13 25A-3 NEOGOW (e) Customer Eouioment. Other than the Services provided by NEOGOV, Customer is responsible for all other services, equipment and facilities (including, without limitation, all hardware, telecommunications equipment, connectivity, cabling and software) required to access the Services. Customer shall be responsible for procuring all licenses of third party software necessary for Customer's use of the Services. 3. Maintenance and Support Services. (a) Maintenance. NEOGOV maintains NEOGOV's hardware/software infrastructure for the Services and is responsible for maintaining the NEOGOV server operation, software delivery, and security for the Services. Preventive system maintenance is conducted by NEOGOV from time to time and is addressed in a variety of methods including scalable architecture and infrastructure, log checking, performance maintenance, and other preventative tasks. Customer is not responsible for NEOGOV system maintenance. (b) Modification. NEOGOV may periodically modify the features, components and functionality of the Services. NEOGOV shall have no liability for, or any obligations to, investments in ormodifications to Customer's hardware, systems or other software which may be necessary to use or access the Services due to a modification of the Services provided by NEOGOV. (c) Support. Phone support for the Services is available to Customer between the hours of 6:OOAM and 6:OOPM, Los Angeles Time, Monday through Friday, excluding NEOGOV holidays. Online support for the Services is available 24 hours a day, seven days a week. Both phone and online case receipts are confirmed immediately. The length of time for a resolution of any problem is fully dependent on the type of case (i.e., High/Medium/Low priority, question, enhancement request). High priority issues such as "system down" will be addressed immediately and resolved as soon as possible. All other issues are reviewed internally by NEOGOV, and then will be discussed and reviewed with Customer to identify priority and a resolution timeline. (d) Updates and Uogrades. During the Term, NEOGOV will make all Updates and Upgrades to the Services accessible to Customer at no additional expense to Customer. Upgrades are automatic and available upon Customer's next login to the Services following an Update or Upgrade. NEOGOV shall have no obligation to provide, at no additional expense to Customer, major product enhancements and/or new features that NEOGOV markets separately to other customers for an additional fee; provided, that, NEOGOV may, in its sole discretion, elect to provide such enhancements or features to Customer on a case -by -case basis at no cost. NEOGOV shall have no liability for, or any obligations to, investments in or modifications to in Customer's hardware, systems or other software which may be necessary to use or access the Services due to an Update or Upgrade. For the purposes hereof, (i) "Update" means any update, bug fix, patch or correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to its third -party customers of the same module, excluding Upgrades, and (ii) "Up rg ade" means any update of the Services or underlying NEOGOV software such as bug fixes, platform updates, and major product enhancements and/or new features that NEOGOV makes commercially available and does not market separately to other customers on a custom, exclusive basis for a separate fee. (e) Training. NEOGOV will provide Customer with access to the online training materials. All NEOGOV provided training materials will be provided online, unless otherwise set forth in the Order Form. (t) Limitations. This Agreement does not obligate NEOGOV to render any maintenance or support services that are not expressly required to be provided by NEOGOV in this Agreement, including, but not limited to, training, data conversion, and program modification and enhancement. 4. Ownership and Protection. (a) Customer Data. As between NEOGOV and Customer, Customer shall exclusively own all right, title and interest in and to all Customer Data and all intellectual property and proprietary rights anywhere in the world ("Proprietary Rights") therein. Other than as set forth in Section 4(c), NEOGOV shall (i) acquire no rights in any Customer Data, and (ii) process Customer Data only to provide the Services or as otherwise instructed by Customer, or as may be required or permitted by applicable law. NEOGOV Page 2 of 13 25A-4 N EOGOT (b) NEOGOV Intellectual Property. As between NEOGOV and Customer, NEOGOV shall exclusively own all right, title and interest in and to all Services (including any Update or Upgrade thereto), NEOGOV's products, system, any software (including any source code or object code) or documentation related thereto, any trademarks, service marks, logos and other distinctive brand features of NEOGOV and all Proprietary Rights embodied therein (collectively, the "NEOGOV Intellectual Property'). (c) Customer Grant to Use Certain Customer Data. Customer hereby grants to NEOGOV a perpetual, irrevocable, non-exclusive, royalty -free, fully transferable, worldwide license to download, use, reproduce, archive, adapt, combine with other data, edit and re -format, generate, store, disclose, create derivative works of, sell and exploit (commercially or otherwise) any and all Customer Data that does not constitute personally identifiable information for any purpose, including, without limitation, to provide the Services to Customer and its users and to analyze use of, and develop improvements to, the Services. (d) Reservation of Rights. This Agreement does not convey or transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. Except as expressly set forth in Section 4(e), this Agreement does not grant Customer any licenses or other rights with respect to any of the NEOGOV Intellectual Property. All rights not expressly granted herein are reserved by NEOGOV. (e) NEOGOV License Grant. NEOGOV's approved logos and trademarks (the "Approved Marks"), including the "powered by" logo, will appear on the "employment opportunities", `job description" and other NEOGOV hosted pages. NEOGOV hereby grants to Customer a limited, revocable, non-exclusive, non -transferable, non-sublicensable license during the Term to use and reproduce the Approved Marks solely for purposes set forth in this Section 4(e). All uses of the Approved Marks shall conform to NEOGOV's standard guidelines and requirements for use of the Approved Marks. (0 Privacy. NEOGOV will have no responsibility or liability for the accuracy of the Customer Data. Customer shall comply with all applicable laws and regulations relating to (i) the privacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates; and (ii) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of any Customer Data (including any personally identifiable information). Without limiting the generality of the foregoing, in using the Services or any other NEOGOV Intellectual Property, Customer will not disclose or provide to NEOGOV any personally identifiable information of any other person or entity. 5. Representations. Warranties and Disclaimers. (a) Authority. Each party represents and warrants to the other party that (i) it has full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrument or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it. (b) Service Performance Warranty. NEOGOV warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof. (c) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED. NEOGOV Page 3 of 13 25A-5 NEOGOW (d) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TARE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 6. Publicity. Following the mutual execution and delivery of this Agreement, each party hereto may advertise, disclose and publish its relationship with the other party under this Agreement. NEOGOV may display Customer's name and logo in connection with such advertisement, disclosure and publishing. 7. Nondisclosure. Through exercise of each party's rights under this Agreement, each party may be exposed to the other parry's technical, financial, business, marketing, planning, and other information and data, in written, oral, electronic, magnetic, photographic and/or other forms, including, but not limited to (a) oral and written communications of one party with the officers and staff of the other party which are marked or identified as confidential or secret or similarly marked or identified, (b) other communications which a reasonable person would recognize from the surrounding facts and circumstances to be confidential or secret and (c) trade secrets (collectively, "Confidential Information"). In recognition of the other party's need to protect its legitimate business interests, each party hereby covenants and agrees that it shall regard and treat each item of information or data constituting Confidential Information of the other party as strictly confidential and wholly owned by such other party and that it will not, (x) without the express prior written consent of the other party (y) except as permitted or authorized herein or (z) except as required by law including the Public Records Act of the State of California, redistribute, market, publish, disclose or divulge to any other person, firm or entity, or use or modify for use, directly or indirectly in any way for any person or entity: (i) any of the other party's Confidential Information during the Term and for a period of three (3) years thereafter or, if later, from the last date Services (including any warranty work) are performed by the disclosing party hereunder; and (ii) any of the other parry's trade secrets at any time during which such information shall constitute a trade secret under applicable law. In association with NEOGOV's concern for the protection of trade secrets, Confidential Information, and fair market competition, Customer acknowledges all photos, "screen captures", videos, or related media of NEOGOV products, pages, and related documentation shall be approved by NEOGOV prior to any publicly accessible disclosure of such media. 8. Liability Limitations. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOGOV HAVE ANY LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER'S USE OR, OR INABILITY TO USE, THE SERVICES, UNDER ANY CIRCUMSTANCE, CAUSE OF ACTION ORTHEORY OF LIABILITY, OR DUE TO ANY EVENT WHATSOEVER, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, LOSS OF USE, LOSS OF GOODWILL OR BUSINESS STOPPAGE, EVEN IF NEOGOV KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. (b) WITHOUT LIMITATION OF SECTION S(A), EXCEPT FOR DAMAGES ARISING OUT OF NEOGOV'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF NEOGOV FOR ANY AND ALL CLAIMS AGAINST NEOGOV UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO NEOGOV UNDER THIS AGREEMENT DURING THE INITIAL TERM. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE NEOGOV Page 4 of 13 25A-6 NEOGOW THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. 9. Term and Termination. (a) Term. This Agreement shall commence on the Effective Date and remain in effect for the initial term set forth on the Order Form, unless terminated earlier in accordance with this Agreement (the "Initial Term"). Thereafter, this Agreement shall automatically renew for successive twelve (12) month terms (each a "Renewal Term" and together with the Initial Term, collectively, the "Term") unless a party delivers to the other party, at least ninety (90) days prior to the expiration of the Initial Term or the applicable Renewal Tenn, written notice of such party's intention to not renew this Agreement, or unless terminated earlier in accordance with this Agreement. (b) Termination. (i) Termination by NEOGOV. NEOGOV may suspend the Services or terminate this Agreement immediately in the event of any of the following: (A) Customer fails to pay any amount then due under this Agreement and such failure is not cured within five (5) days following NEOGOV's written notice thereof, (B) Customer is in material breach of this Agreement and such breach is not cured within thirty (30) days following NEOGOV's written notice thereof,or (C) the Services provided hereunder become illegal or contrary to any applicable law, rule, regulation, public policy. (ii) Termination by Customer. Customer may terminate this Agreement immediately if NEOGOV is in material breach of this Agreement and such breach is not cured within thirty (30) days following Customer's written notice thereof. (e) Effect of Termination. (i) Generally. Upon expiration or any termination of this Agreement, Customer shall cease all use, and refrain from all further use of the Services and other NEOGOV Intellectual Property. Additionally, Customer shall be obligated to pay, as of the effective date of such expiration or termination, all amounts owing to NEOGOV under this Agreement. (ii) Customer Data. Upon expiration or any termination of this Agreement, Customer may elect to receive either associated data files from the NEOGOV system or read-only access to such files as set forth below. (A) Delivery of Insight Data Files. Upon expiration or termination of this Agreement, in the event that Customer elects to receive Insight data files from the NEOGOV system, NEOGOV shall provide Customer with a dedicated data file in .CSV format, or provide a proprietary and confidential delete of data. Such data files will be comprised of Customer's standard data contained in NEOGOV's Insight Enterprise (IN) system. The structure of the relational database will be specific to the Customer's data and will not be representative of the proprietary NEOGOV database. NEOGOV retains the right to purge such data files from NEOGOV's systems without consent from, or notice to, the Customer after ninety (90) days after the date of expiration or termination of this Agreement. (B) Read -Only Access. In the event that Customer elects to maintain read-only access to such associated data files, Customer shall deliver to NEOGOV written notice of such election within ninety (90) days of the date of expiration or termination date of this Agreement. As consideration for such access, Customer agrees to pay NEOGOV an upfront payment equal to ten (10%) of annual recurring Fee in effect at the time of the NEOGOV Page 5 of 13 25A-7 NEOGOW expiration or termination of this Agreement. Customer agrees that such access to the NEOGOV system shall be limited to the functionality included at time of the expiration or termination of this Agreement. Customer may only elect to maintain read-only access to such data files if Customer has paid all outstanding amounts owed to NEOGOV under this Agreement. (d) Survival. Sections 2, Mal through 4(d), 4 f , 5, 6, 7, 11, 9(c), 9(d), 12 and 13 shall survive the termination or expiration of this Agreement. 10. Payments. (a) Payment Terms. Customer shall pay NEOGOV the applicable fees set forth in the Order Form (collectively, the "Fees") within the applicable time periods set forth in the Order Form. NEOGOV may invoice all Fees due under this Agreement in one invoice for each invoice period. The parties agree that all invoices shall be delivered to the stated "Bill To" party on the Order Form. (b) Taxes. Customer will pay all taxes, duties and levies imposed by all federal, state and local authorities (including, without limitation, export, sales, use, excise, and value-added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or based on NEOGOV's net income or those exempt by applicable state law. Customer shall provide NEOGOV with a certificate or other evidence of such exemption with ten (10) days of NEOGOV's request therefor. (c) Fee Increases. NEOGOV may, in its sole discretion, increase the Fees for any Renewal Term. NEOGOV shall provide Customer with written notice of any such Fee increase at least one hundred twenty (120) days' prior to the commencement of such Renewal Term. 11. Force Maieure. NEOGOV shall not be liable for any damages, costs, expenses or other consequences incurred by Customer or by any other person or entity as a result of delay in or inability to deliver any Services due to circumstances or events beyond NEOGOV's reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rule, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies or materials; (0 fire or explosion; (g) riot, military action or usurped power; or (h) actions or failures to act on the part of a governmental authority. 12. Piagvback Clause. It is understood and agreed by Customer and NEOGOV that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this Agreement. It is also understood and agreed that each local entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the new governmental entity and NEOGOV. It is also hereby mutually understood and agreed that Customer is not a legally bound party to any contractual Agreement made between NEOGOV and any entity other than Customer. 13. Miscellaneous. (a) Assignment. This Agreement may not be assigned by either party without the express written approval of the other party and any attempt at assignment in violation of this Section 13(a) shall be null and void. (b) Entire Agreement: Amendment. This Agreement and the Order Form constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parties with respect to such subject matter. This Agreement may not be modified or amended (arid no rights hereunder may be waived) except through a written instrument signed by the party to be bound. (c) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to conflict of law rules. NEOGOV Page 6 of 13 25A-8 N EOGOT (d) Severability. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessaryso that the remainder of this Agreement will continue in full force and effect and enforceable. (e) Independent Contractor, Third Party Agreements. Customer is and shall be deemed to be an independent contractor of NEOGOV and nothing contained herein shall be deemed to constitute a partnership between or a joint venture by the parties hereto, or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties. This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such parry whether referred to herein or not. (f) Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given either when personally delivered, one (1) business day following delivery by recognized overnight courier or electronic mail, or three (3) business days following deposit in the U.S. mail, registered or certified, postage prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the Order Form and (ii) NEOGOV at the address set forth in the introductory paragraph hereof. Notice of change of address shall be given by written notice in the manner detailed in this Section 13(f). (g) Waiver. The waiver, express or implied, by either party of any breach of this Agreement by the other party will not waive any subsequent breach by such party of the same or a different kind. (h) Attorneys' Fees. Should either party hereto initiate a legal or administrative action or proceeding (an "Action") to enforce any of the terms or conditions of this Agreement, the prevailing party shall be entitled to recover from the losing party all reasonable costs of the Action, including without limitation attorneys' fees and costs. (i) Conflict. In the event of a conflict between the body of this Agreement and the Order Form, the terms of the body of this Agreement shall control. Q) Counteroarts. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together shall constitute one and the same instrument. Delivery of a copy of this Agreement bearing an original signature by facsimile transmission, by electronic mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature. NEOGOV [Signature Page Follows] Page 7 of 13 25A-9 NEOGOV' IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers as of the Effective Date. Customer: geA C-AEachea Signature: 'SZgn pane Print Name: Title: Date: NEOGOV: Governmentdobs.com, Inc., a California corporation Signature: Print Name: Title: Date: 1\1:1010taPA Page 8 of 13 25A-10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA HUIZAR Clerk of the Council SONIA R. CARVALHO City Attorney By: c (aw",a.. A • i ts�rL. Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN V. PHAM Executive Director of Personnel Services CITY OF SANTA ANA Raul Godinez, II. City Manager 25A-11 Addendum 1 Customer: Ouote Date: Valid From: Valid To: Requested Service Date: EXHIBIT A — RENEWAL FORINI Bill To: Santa Ana, City of (CA) Purchasing, M-16 PO Box 1988 Santa Ana CA 92702-1988 Phone: Email: 4/5/2018 Revision: l N/A N/A Order Number: TBD Initial Term: See below Order Summary NOTE: The following discounts are available if the contract is pre -paid for the specified number of years: 2 year = 4% discount, 3 year = 6% discount, 4 years = 8% discount, 5 years = 10% off your ongoing annual license 2018-2019 2019-2020 Um Insight Software License License Subscription & Maintenance (6/25/2018 to $15,550.00 $16,016.50 6/24/2020) Dotal $15,550.00 $16,016.50 Includedwith.License Unlimited Customer Support M — F, 6:00 AM — 6:00 PM PT Product Upgrades to Licensed Software GovernmentJobs.com, Inc. Proprietary and Confidential Page 1 of 6 I 25A-12 Addendum 1 Order Detail Note: Items designated as Not Applicable (NIA, NA) on the Summary form are not included. Customers may request a quote for these services at their discretion through the term of this contract. 1.0 Insight Enterprise (IN) License Subscription to NEOGOV IN The Customers subscription to the Insight platform includes the following functionality: Recruitment • Online job application • Online job announcements and descriptions • Automatic online job interest cards • Recruitment and examination planning Selection • Configurable supplemental questions • Define unique scoring plans • Test analysis and pass -point setting • Score, rank, and refer applicants Applicant Tracking • Email and hardcopy notifications • EEO Data collection and reports • Track applicants by step/hurdle • Schedule written, oral, and other exams • Candidate Self -Service Portal for scheduling and application status Reporting and Analysis • 90 standard system reports • Ad Hoc reporting tool HR Automation • Create and route job requisitions for approval • Certificationleligible lists 2.0 GovernmentJobs.com Job Posting Subscription (GJC) License Subscription • Enables organizations to advertise their job postings created in Insight on the GovernmentJobs.com website. • May add an unlimited number of postings Note: jobs advertised on the promotional and transfer webpage's are not advertised on GovernmenUobs.com as these are typically for internal employees. GovernmentJobs.com, Inc. Proprietary and Confidential Page 2 of 6 25A-13 Addendum 1 3.0 NEOGOV Perform (PE) NA License Subscription to NEOGOV PE The annual license for the NEOGOV Performance Evaluations Software includes the following: • Configurable Performance Evaluations • Goal Library • Shareable Competency Content • Development Plans • Configurable Process Workflows • Ability to build Content sections for re -use • Configurable Rating Scales • Ability to build Library of Writing Assistants • 360 Reviews • Configurable Email Notifications • Automatic Evaluation Creation c Ability to perform actions in bulk for Employees & Evaluations 4.0 NEOGOV Onboarding (ON) License Subscription to NEOGOV ON • Electronic Employee File • W4 0 19 0 Configurable Workflow • Task Manager • Employee data upload • Attachments • Build your own Onboarding forms' 'NEOGOV ON includes 19 and W4 standard forms that are updated by NEOGOV. Additional forms or form maintenance is available by NEOGOV Professional services at the following cost: • Background forms $295 per form • Dynamic Forms $195 per form • Updates to existing forms $200 an hour 5.0 NEOGOV Integrations NA NEOGOV offers Standard Integrations as well as platform APIs for 3r1 party system integration(s). Standard Integrations include: • Conduct project scope, review integration plan, discuss timeline, and set schedule for required meetings • Annual Maintenance By NEOGOV Note: NEOGOV APIs are to be configured directly by Customer staff using NEOGOV documentation. If required, Professional Services may be included by NEOGOV to help define and validate scope, business requirements, timelines, and associated costs (if applicable). GovernmentJobs.com, Inc. Proprietary and Confidential Page 3 of 6 25A-14 Addendum 1 6.0 NEOGOV Services NA Setup and Provisioning The following activities are conducted as part of the NEOGOV Implementation: • Customer to review the project kick-off tutorial for information on the project timeline, deliverables, and establish project expectations. • NEOGOV will establish the Customer's production environment Training NEOGOV training is available online (web -based, pre -built, content) unless otherwise proposed as included in the Order Form. All customers have full access to the demo/training environment setup for Insight. NEOGOV's pre -built, online training consists of a series of web courses as well as a series of hands-on exercise designed to introduce the standard features and functions and may be used as reference material by the staff following training to conduct day-to-day activities. The pre -built, online training includes exercises that are designed to be Flexible enough to allow Customer led training sessions internally to Introduce user -specific requirements and processes for staff to learn the system as closely as possible to the customer's actual recruitment processes after go -live. GovernmentJobs.com, Inc. Proprietary and Confidential Page A of 6 25A-15 Addendum 1 Order Form Terms and Conditions: (1) The Customer hereby orders and GovetnmenUobs.com, Inc. (d/b/a NEOGOV, Inc., hereafter "NEOGOV") agrees to provide the services described in this Order Form. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. (2) The Customer agrees that the payment schedule is as follows: Provide all required software and licenses One hundred percent (100%) of the annual license price is payable within thirty (30) days of execution of this Order Form and Service Agreement. Sof -warc Provisioning One hundred percent (100%) of the non -recurring costs are to be paid to NEOGOV within thirty (30) days of the execution of this Order Fonn and Service Agreement. N/A Training One hundred percent (100%) of the non -recurring costs are to be paid to NEOGOV within thirty (30) days of the execution of this Order Form and Service Agreement. N/A (3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties. (4) Changes or alterations to this Order Form will not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV. DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS. Customer Sigmature: Print Name: Title: Date: NEOGOV. Inc. 'Se�, 20AaCh<A Signature: Sipg:! i lYt a� Af. Print Name: Title: GovernmentJobs.com, Inc. Date: Proprietary and Confidential Page 5 of 6 25A-16 Addendum 1 GovernmentJobs.com, Inc. Proprietary and Confidential Page 6 of 6 25A-17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA HUIZAR Raul Godinez, II. Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN V. PHAM Executive Director of Personnel Services 25A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVE AGREEMENT WITH TRIPEPI SMITH AND ASSOCIATES, INC. FOR COMMUNICATIONS AND MEDIA RELATED SERVICES (STRATEGIC PLAN NOS. 4 8r 6) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Tripepi Smith and Associates, Inc. (also known as Tripepi Smith) for on -call communications and media related services and a communications assessment for a one-year term beginning June 1, 2018 through June 30, 2019 with the option of two additional one-year extensions for an amount not to exceed $150,000, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION Local government agencies typically rely on the expertise of an in-house Strategic Communications Manager to help reach and engage the community on a variety of different mediums. The City of Santa Ana has operated without a Strategic Communications Manager for approximately seven months. In the interim, the Deputy City Manager and the Assistant to the City Manager have filled the role. In an effort to expand and assess existing communication strategies, the area requires increased focus. To help address this, the city engaged Tripepi Smith in February, 2018 to help with communication strategies, media relations, social media engagement, press releases, advertorials, interview support, and media inquiries. Tripepi Smith has specifically provided support with Facebook, Instagram, Twitter, and press releases on a variety of topics including homelessness, traffic failures, infrastructure improvements, and election matters. Their work has earned them good standing with the city. In order to continue the ongoing effort to effectively engage and communicate with the residents of Santa Ana, staff recommends continuing services with Tripepi Smith to assist the city with communication strategies, media relations, and with the completion of a communications assessment that evaluates existing communication and engagement strategies on an on -call basis not to exceed $150,000. 25B-1 Agreement with Tripepi Smith and Associates, Inc. for Communications and Media Related Services June 5, 2018 Page 2 Once complete, the communications assessment will provide the city with an outline of existing communication assets, a gap analysis, and will be used to recruit a new Strategic Communications Manager. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet the following goals of the Strategic Plan: Community Health, Livability, Engagement and Sustainability; and Team Santa Ana. FISCAL IMPACT The fiscal impact of the services will be in an amount not to exceed $150,000. The funds will be transferred from Personnel Savings to the following account: 01103010-62300. The fiscal impact will be incurred between the remainder of Fiscal Year 17-18 and Fiscal Year 18-19. Fiscal Year Account Cost 2017-2018 01103010-62300 $20,000 2018-2019 01103010-62300 $130,000 Total Cost: $150,000 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: 1. Professional Services Agreement — Tripepi Smith and Associates, Inc. 25B-2 AGREEMENT WITH TRIPEPI SMITH & ASSOCIATES, INC. TO PROVIDE ON -CALL COMMUNICATIONS AND MEDIA RELATED SERVICES THIS AGREEMENT is made and entered into this 5th day of June, 2018 by and between Tripepi Smith & Associates, 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 City desires to retain a consultant having special skill and knowledge in the field of public relations and community engagement to provide public relations and strategic communications services B. Consultant represents that Consultant is able and willing to provide such services to the City. C. City and Consultant entered into a prior Agreement (N-2018-038) on February 22, 2018, to provide public relations and strategic communications services. This Agreement is intended to supersede and fully replace the prior agreement. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of the City, 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 Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither guarantees any minimum or maximum compensation to Consultant during the term of this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation shall not exceed $150,000 during the entire term of this Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) 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. Page 1 of 8 25B-3 3. TERM This Agreement shall commence on June 1, 2018, and continue through June 30, 2019, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2) one-year extensions upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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 the 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 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 Page 2 of 8 25B-4 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. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 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 City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. 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. Page 3 of 8 25B-5 INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I 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. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of 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 Page 4 of 8 r 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. 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 specified under this Agreement. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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 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. Page 5 of 8 25B-7 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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, 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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 Page 6 of 8 r b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-6954 To Consultant: Tripepi Smith & Associates, Inc. Attn: Chief Executive Officer P.O. Box 52152 Irvine, CA 92619 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. Page 7 of 8 25B-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: /rv.^,sue J OHN64.FUNK Assistant City Attorney CITY OF SANTA ANA Raul Godinez II City Manager TRIPEPI SMITH & ASSOCIATES: By: Title: Page 8 of 8 25B-10 EXHIBIT A SCOPE OF SERVICES 25B-11 Exhibit A City of Santa Ana Public Relations and Community Engagement Support Expansion April 2018 Submitted by Ryder Todd Smith and Jon Barilone TRIPEPI SMITH Version1.0 marketing • technology • public affairs 25B-12 u Table of Contents COVERLETTER.................................................................... STATEMENT OF EXPERIENCE ............................................ QUALIFICATIONS OF STAFF .............................................. METHODOLOGY AND APPROACH ...............................:.... PROPOSED FEES FOR AD HOC WORK .............................. FIX PROJECT WORK............................................................ CONCLUSION..................................................................... RESUMES.......................................... .......... I .............. I......... ...... ... .......................... I................ 3 .................................................... 4 .................................................... 7 ......................... I.......................... 9 .................................................. 12 .................................................. 14 .................................... I............. 15 ..................................................16 25B-13 TRIPEPI SMITH marketing • technology • public affairs COVER LETTER Thank you for this opportunity to submit a proposal to provide additional public relations and community engagement services forthe City of Santa Ana. We have thoroughly enjoyed a couple intense days of work with the City and have marveled at the progress the City has made on several fronts in the last couple months. Telling your story of success to the media and helping to identify core messages and talking points has been intellectually stimulating. We welcome the opportunity to do more! Based upon our initial engagement and feedback from staff, Tripepi Smith is proposing additional scope for our engagement that we can price on a fixed basis and that has a concrete deliverable. First, we propose to execute one of our Communication Calendar Creation sessions with senior staff at the City. Second, we propose to execute one of our Communication Assessments for the City that provides a top -to -bottom summary and review of the City's communications and makes a series of recommendations for improvement. Meanwhile, we will continue to provide ad hoc support as needed and work with you to develop a solid job description and support outreach efforts for hiring a new Public Information Officer (PIO). Based on feedback, we believe we are adding value in the work we have done so far and there is, based on our observations, a lot more to do. Let's go do it. Regards, Ryder Todd Smith Co -Founder & Chief Executive Officer 25B-14 TRIPEPI SMITH marketing • technology • public affairs STATEMENT OF EXPERIENCE Qualifications Overview Founded in 2000 and incorporated in 2002 as a California Corporation, Tripepi Smith is based in Orange County. Our firm understands California, the people, the nuances and differences between the various regions, both politically and personally. Tripepi Smith operates in a virtual office environment. No single set of walls will contain this team. Being virtual allows us to engage the right talent at the right time, and it enables us to operate more efficiently to save money for our clients. That said, the team-11 members strong, composed of policy wonks, creative message developers, technology gurus, and graphic & fine artists —is located throughout Southern and Northern California. Tripepi Smith is unique in its mix of three key areas: marketing, technology and public affairs. The firm's clients include a number of nonprofits, public agencies and private companies that operate within the public sector. Much of messaging, outreach and advancing policy happens through digital communications —an area traditional public affairs firms have not been quick to adopt. Yet, Tripepi Smith has jumped in deep with online technologies to bring tools that are more common in the private sector to public agencies. Of note is that the Tripepi Smith team includes people who are certified in social media marketing by Hootsuite, are Facebook Blueprint Certified, and have been certified in Google Analytics through Google—and our firm, as a whole, has achieved Google Partner status. Yet, despite a focus on technologies, the firm is deeply committed to understanding our clients and key messaging. Through regular conference participation, training and formal classroom work, members of the Tripepi Smith team are sanguine about public policy and the California political landscape, which makes our efforts to implement communications efforts and messaging more efficient and helps us add value for our clients. 121 25B-15 TRIPEPI SMITH marketing • technology • public affairs Tripepi Smith recognizes the important interplay of technology, marketing and public affairs. We understand the nuances of disseminating messages and how the use of websites, email and social media by organizations can build two-way communication with audiences. Tripepi Smith's understanding of key influencers, knowledge of government structure and familiarity with common issues/policies enables us to hit the ground running with clients in the public affairs world. "Ryder Smith has been a key asset to the California City Management Foundation, I am impressed by the diversity of support he offers and his ability to anticipate opportunities and position us well. Ryder is top notch!" - Wade McKinney, President, California City Management Foundation The firm has capabilities that span the technology and communications world, including: • Strategic messaging • Media relations • Website development • Full -service graphic design • Ongoing website support • Holistic brand development • Website analytics and social media metric evaluation • Email campaign management and execution • Social media management • Full video production/editing/distribution, particularly as optimized for the Internet • Photography production/editing • Google AdWords, Linkedln and Facebook advertising campaigns • Website Search Engine Optimization (SEO) Tripepi Smith is a committed partner with local government. Tripepi Smith is present at nearly every industry event in local government for California. Tripepi Smith Principal Ryder Todd Smith is a frequent speaker at local government conferences. Tripepi Smith is a supporter of the League of California Cities, California Contract Cities Association, Institute for Local Government, Municipal Management Association of Northern California, Municipal Management Association of Southern California and a frequent supporter of city manager gatherings and chapter events. No firm in California is more omnipresent and engaged with the city manager community than Tripepi Smith. 25B-16 TRIPEPI SMITH marketing • technology • public affairs Tripepi Smith Advantages Tripepi Smith is a unique firm. Our mix of technical prowess and policy competency can make it hard to grasp our competitive advantages over other firms, so we made it easy. In addition to our demonstrated experience and solid references, here are four reasons to work with Tripepi Smith that differentiate us from other firms and individuals who may be in the running for this contract. 1. No other public affairs firm in California (that we can find) has the certifications in social media and digital platforms that Tripepi Smith has. These certifications evidence our superior understanding of these platforms relative to others. 2. The breadth of Tripepi Smith's team enables us to cover everything from policy to photography and videography. This is rare and provides a cohesive single team to work with that simplifies management for your staff and ensures we can execute on a complete picture. Plus, we have people with special skills who can deliver on aspects of a more holistic communications effort. 3. Tripepi Smith is geographically attractive and can arrive onsite in a hurry during a media crisis. Our lead senior person we propose to use on this engagement lives in Aliso Viejo. Our key principal lives in Tustin. 4. As a team, Tripepi Smith is available to our clients 24 hours per day. There's no "bad time" to call or email us, and our response will be immediate and engaged on the issue at hand. Our philosophy is that if you are calling us at 2:00 in the morning, that is likely when you need us most. i1 25B-17 TRIPEPI SMITH marketing • technology • public affairs QUALIFICATIONS OF STAFF It is anticipated that Director Jon Barilone will be the team lead on the project. Jon will handle logistics, coordination and project management. Tripepi Smith Principal Ryder Todd Smith will make council presentation, facilitate community discussions and actively participate with senior staff in ideation and brainstorming discussions. Business Analyst Melanie James will help bring ideas to life visually through graphic design, while also assisting Jon with various marketing tasks. Junior Business Analyst Karen Villasenor will provide additional project management support, research support and documentation. Additional TS resources will be brought to the table when needed to aid the City in telling its story. Rates are all resources remain the same as the current ad hoc engagement. Ryder Smith Ryder Todd Smith has a mixed. background in the worlds.of President & Co -Founder gove.mment'relations, technologyand marketing. He served as the Contact: S,V.P of operations and Chief Information Officer fora software-as-a- ryder@tripepismith.com service startup in the financial services sector. Prior.to that,'he was the Technology Manager for a regional staffing firm. Ryder leads Tripepi Smith and is the ultimate project owner on,:all work handled by the firm. He is the creator:of the City Internet Strategies Study and a frequent speaker on the local government circuit on local government use of the Internet to engage and connect.with residents. He is a resident of Tustin, where he serves on the Planning Commission. Ryder graduated from Claremont McKenna College with a Bachelor of Arts in Politics -Philosophy -Economics and a dual degree in Economics. Jon Badlone Jon Barilone has a wide-ranging knowledge and skill set from years Director of Internet marketing and marketing communications work in a Contact: variety of industry verticals. Jon's professional background includes jon@tripepismith.com search engine optimization and advertising, website content management, content writing and editing, product marketing management, and significant experience with social media marketing and community management. Jon graduated from Claremont McKenna College with a Bachelor of Arts in Literature. 25B-18 TRIPEPI SMITH marketing • technology • public affairs Melanie James Melanie James is a project,manager, social, media'ma0h,'web"site Business Analyst manipulaiorand skilled graphic artist She has quickly developed a.: _ Contact:. full suite ofk?eatiyhy'skills rooted ihherformal,graphicorts melanie@tripepismith.com education Her skills cover the full Adobe'Creative Suite and; into HTML, CSS and JavaScopt Sherhas worked on websites'for:,DLJ Finanael;;Muniapal, Management Association of,Northem California,' Inland Empire Uiiiiiies Agency,;Urban,F.utures Inc `Associati'on of California Cities -.Orange County grid South Orange;County Wastewater Authority. She has`also supported video production on projects with San Leandro and'Fountain Valley Additionally,;shehos_, supporied,out reach and marketing work for City of;Tracy;and,City of Fountain Valley ,She is a Hootsuite Certified Social, Media Marketer . Karen Villasenor Karen Villasenor has always had.a passion for local government and Junior B,usiness Analyst turned that into an internship with the City of Walnut while attending Contact: Cal Poly Pomona. She graduated with a Bachelor of Science in karen@tripepismith.com Communication and leveraged those skills as she continued her internship with the City. She has demonstrated specific interest in the use of communications in local government as evidenced by her managing significant elements of the Walnut's communication activities as she grew her responsibilities in Walnut. Additionally, Karen has gained a global view on city policy as.she provides lead support for the Tripepi Smith Agenda Monitoring service wherein she reviews over 300 agendas from over 200 public agencies every month for Tripepi Smith clients. Karen certified in Google Analytics, Google Adwords, Facebook Blueprint and Hootsuite Social Media Marketing. See Appendix A for Resumes All of the aforementioned employees are fulltime associates with Tripepi Smith. 25B-19 TRIPEPI SMITH marketing • technology • public affairs METHODOLOGY AND APPROACH Tripepi Smith begins every engagement with a kickoff meeting with senior staff. The meeting will focus on defining success and planning steps over the course of the engagement. Tripepi Smith envisions our role in this contract as a public relations and communications partner in the following ways: • Provide communications support and direction to the City regarding community strengths, messaging, media relations, outreach and crisis management • Facilitate creation of a communications calendar that unifies messaging across platforms and departments, ensuring a clear city voice • Coordinate communications and messaging between departments • Work with staff to manage and develop proactive media relations efforts • Work with staff to manage social media channels daily and ensure staff is up-to-date on latest technological tools • Monitor social media platforms and advise the City on best practices for communicating with the public across all platforms • Measure outreach breadth and engagement with Google Analytics and other tools • Develop articles, press releases, opinion columns, advertorials and/or pitches to promote on various targeted media outlets as requested • Manage media interviews, broadcast appearances, phone/interviews for the City, along with developing scripts and providing interview preparation • Act as a liaison for any media or city partners and influencers and acting as a clearinghouse for media -related inquires • Assist with content development for radio, cable, or TV and promote on City's website, social media, and YouTube Channel o Ensure that content, whether organically produced or from city influencers, will be consistent with City branding Services Proposed by Tripepi Smith Tripepi Smith offers a complete set of services to effectively function as the City's Public Relations and Community Outreach partner. Our firm is able to cover policy matters from content production through face-to-face community engagement. The following examples of work have been executed by members of our team, including those identified above: 25B-20 TRIPEPI SMITH marketing - technology - public affairs Policy Strategy Expertise — Tripepi Smith can use its knowledge of policy matters and develop key talking points that align with areas of interest for the City. Example Work: Tripepi Smith (Ryder Todd Smith) supported community education efforts related to a storm water parcel tax measure in the City of Culver City. Measure CW was passed with more than 73 percent support. Tripepi Smith coordinated the messaging, graphic design and digital efforts for resident education on the measure. Measure Page: htt_T://bid/2DgTYE1 Example Work: Tripepi Smith (Melanie James & Ryder Todd Smith) supported community education efforts related to the Fountain Valley Crossing Specific Plan effort. This included assembly of a FAQ to address community misinformation. FAQ Page: http://www.fountainvalley.org/Faq.aspx?QID=277 Graphic Design Management — Tripepi Smith has two fulltime in-house graphic artists with access to the complete Adobe Creative Suite. Our artists' experience working in public affairs expedites their development process and reduces the possibility of design direction being lost in translation. Example Work: For the City of Millbrae, Tripepi Smith (Melanie) created a series of flyers and online ads to promote their Water Utility Infrastructure Study Sessions. The City used these to help inform their community about the issues with the current system and the impacts and needs of replacing pipes and pumps. First Session Flyer: http://bit.ly/2z7hU9F Second Session Flyer: http://bit.ly/2kQUIHC Third Session Flyer: 'http://bit.1�L/2COZUD1 Sample Facebook Advertisement for Third Session: http://bit.ly/2kUwOpY Tripepi Smith also produced a postcard for their sewer modernization public workshop. The goal of the postcard was to inform all Millbrae residents about the workshop so they could attend and learn about the program's goals: htto://bit:1y/2o0JaXy 10 25B-21 TRIPEPI SMITH marketing • technology - public affairs Content Production Support— Tripepi Smith can write content that uses less -technical terminology to make material more approachable and helpful to the average member of the community. Example Work: Tripepi Smith (Katherine Griffiths and Karen Villasenor) does all the work associated with the quarterly newsletter for the City of La Canada Flintridge. That work includes not only design layout and print management, but also the editorial calendar and writing all content based on subject -matter -expert interviews with the staff. We have been responsible for every article and newsletter found here: http://www.lcf.ca,00v/vista Video Production Support — Tripepi Smith can work with existing video production resources on -staff or bring in our own services to generate video content to supplement the content materials we produce to reach as broad an audience as possible. Example Work: Construction Project Video: http://bit.ly/2Bq.vnzi Public Safety Video for City of La Canada Flintridge: https://vimeo.com/212468425 La Canada Flintridge Anniversary Video: htti2s://vimeo.com/211588655 Claremont Police Station Tour Video: https://youtu.be/ 3EJfWtBcNs Digital Platform Dominance —Tripepi Smith has certified team members who are masters of social media platforms. Their experience and knowledge can help the City leverage various digital platforms to cost-effectively deliver information to target audiences. Tripepi Smith has experience with multiple website content management systems and can directly support staff in adding or managing content on the website, if needed. Example Work: Tripepi Smith (Jon Barilone) executes 90 percent of the postings on the Culver City Facebook Page: https://www.facebook.com/CityOfCulverCity/ Our work has resulted in huge increases in audiences and engagement. Tripepi Smith also monitors various social media channels for Culver City and implemented the City's Nextdoor Agency Page. Event Management and Facilitation — Tripepi Smith can leverage its breadth of skills to promote community forums and drive attendance. At the event, we can provide facilitation and coordination to seek a productive and informed conversation with attendees. Example Work: Tripepi Smith (Ryder Todd Smith) Community Forum Facilitation Meeting at City of Millbrae on Sewer Modernization Project: https://youtu.be/0yd64H1 RZ-8?t=2m28s 11 25B-22 TRIPEPI SMITH marketing • technology • public affairs Tripepi Smith (Melanie James and Katherine Griffiths) led the project management, marketing and event coordination for the 2017 Regional Mayor's Summit —an effort to bring various government agencies together in the San Gabriel Valley to coordinate on policy issues. The one -day event drew nearly 300 attendees. Tripepi Smith handled the branding, signage, website and invitations, and supported speaker coordination: https7//www,recjionalmayorssummit.com/ Media Outreach —Tripepi Smith is comfortable working with the media to both inform them to ensure accuracy in their reporting and to encourage their coverage of key City messages and responses to various news items. Example Work: Tripepi Smith (Jon Barilone and Ryder Todd Smith) assisted the City Attorney's Office with a press release on LAX Settlement for Culver City: http://bit.ly/2BozfRr When the Millbrae Community Center burned down and was rebuilt, Tripepi Smith (Trent Sunahara and Ryder Todd Smith) executed a dedicated webpage ( http://bit.ly/2tJRs8a ) that included a series of news releases detailing all aspects of the process, beginning with the aftermath of the fire. Tripepi Smith also writes two monthly news releases when required for the City of La Canada Flintridge (Katherine Griffiths and Ryder Todd Smith) that provide coverage of community events and accomplishments: http://bit.ly/2BP5icL. http://bit.ly/2BdCxDb PROPOSED FEES FOR AD HOC WORK The City has requested interim support with a broad set of objectives. As such, there is a need for flexibility and to use Tripepi Smith on an ad hoc basis as needed. Tripepi Smith recognizes that, if the City does a larger volume of work with Tripepi Smith, then it should experience a reduction in hourly rate fees. As such, for any work that Tripepi Smith does in z given month over $4,000, Tripepi Smith will discount that work by 15%. For example, if we bill $6,000 for the month, the invoice will be discounted by $300. Time at Tripepi Smith is billed in 15- minute increments — i.e. we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours. Based upon our work in February and March with the City and anticipating a deeper, routine and more proactive engagement going forward, the City should estimate $7.250 a month in costs for the ad hoc work with Tripepi Smith. 12 25B-23 TRIPEPI SMITH marketing • tcchnology • public affairs Ad Hoc rates are as follows: Resource Standard Rates TSA'Pnncipal $230 TSA Director .TSA Senior Business Analyst i $170 ,$140 TSA Business Analyst $90 TSA'Junior Business Analyst, $65 , TSA Photographer/Cameraman/Editor I $90 Senior Graphic Artist $105 Graphic Artist $90 Other Fees Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production -related fees that may come up during the course of our engagement which we want to tell you about. Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply: $500 for a full day of video equipment use (includes full set of video equipment). "Full day' is defined as a shoot lasting more than five (5) hours. $300 for a half day of video equipment use. "Half day" is defined as anything up to four (4) hours of video production. All such expenses will be authorized by the client prior to fee being assessed. $500/day drone fee applies and is not inclusive of the drone operator time (videographer rate). Printing Fees Tripepi Smith is happy to use a printer of the client's choosing for print production work, or to recommend a printer with whom we have experience. Tripepi Smith typically has the printer bill the client directly for work. Tripepi Smith makes no money on print services and has no economic interest in the selected print vendor other than ensuring quality and fair pricing for our clients. 13 25B-24 TRIPEPI SMITH marketing • technology • public affairs Digital Advertising Fees Tripepi Smith is a Google Partner, Constant Contact Solution Provider, and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of outreach strategy; often, this comes with digital advertising fees. Tripepi Smith typically uses a client's credit card to cover such fees, and those fees are impossible to estimate at this time without our firm being engaged in the work with the team at the City. When Tripepi Smith uses its credit card to pay for digital advertising, we apply a 10 percent agency fee to the costs to recover our accounting and management oversight of the services. FIX PROJECT WORK City Staff have asked for a specific deliverables that Tripepi Smith offer a fixed price to execute: 1. Execution of a communications assessment of the entire organization Integrated with our ad hoc work, but separate in pricing from that work, Tripepi Smith's fixed price will be invoiced separately from our ad hoc work with the City. Communications Assessment The City has acknowledged a need to better understand the totality of its current external communication strategies, processes and tactics. Tripepi Smith's Communication Assessment process provides this knowledge through a series of interviews with staff, council and community partners, as well as an analysis of social media presence and platforms in the community. Then, based on that analysis, we provide a deep dive of customized recommendations with specific action items called out for city staff to take action on. Tripepi Smith will be onsite for four days conducting interviews and reviewing details of the City for up to 9 hours each day. Tripepi Smith will execute interviews with up to 30 people over the four days. We will also conduct up to 5 additional phone -based or digital communication interviews. This will result in a total of 35 different people interviewed. Tripepi Smith will be onsite for the following: • Interviews • Presentation to Staff and/or Council Total process will take up to 4 months from the first day onsite. Pricing is $33,500 The following payment schedule will apply for the work: • 25% at kickoff of the project • 25% at completion of the interviews and onsite four -day visit 14 25B-25 TRIPEPI SMITH marketing • technology • public affairs • 25% at delivery of a draft report • 25% within 45 days of delivery of draft report or acceptance of final report and presentation by Tripepi Smith staff, whichever happens first. At the conclusion of the Communications Assessment, Tripepi Smith will deliver a report to the City Staff and/or City Council or a City Council Subcommittee. The reports are typically between 45 and 100 pages in length; Tripepi Smith will also provide a shortened "Executive Summary" version that highlights key observations and recommendations. Prior client cities that have participated in the Communications Assessment include: La Canada Flintridge, Town of Windsor, City of Cupertino, City of Saratoga, City of Norwalk and City of Paramount. CONCLUSION Tripepi Smith is deeply interested in the opportunity to expand our work with the City of Santa Ana. There is an excellent foundation upon which to build and the story of Santa Ana is certainly compelling. It seems clear that the City knows it needs to communicate more strongly, particularly in regard to addressing community misinformation and media relations. This strikes at the core of our experience and certifications in leveraging multiple platforms for honest and informed dialogue. We are already thankful for the opportunity to be working with the City. It has been exciting to work hand -in -hand with the City Manager's office and other departments on timely messaging. We look forward to both the Communications Calendar and the Communications Assessment and their combined ability to help the City focus (and enhance) its outreach and engagement efforts. 15 25B-26 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable 25B-27 TRIPEPI SMITH marketing • technology • public affairs Tripepi Smith (Melanie James and Katherine Griffiths) led the project management, marketing and event coordination for the 2017 Regional Mayors Summit —an effort to bring various government agencies together in the San Gabriel Valley to coordinate on policy issues. The one -day event drew nearly 300 attendees. Tripepi Smith handled the branding, signage, website and invitations, and supported speaker coordination: https://www.reciionalmayorssummit.com/ Media Outreach —Tripepi Smith is comfortable working with the media to both inform them to ensure accuracy in their reporting and to encourage their coverage of key City messages and responses to various news items. Example Work: Tripepi Smith (Jon Baritone and Ryder Todd Smith) assisted the City Attorney's Office with a press release on LAX Settlement for Culver City: http://bit.ly/2BozfRr When the Millbrae Community Center burned down and was rebuilt, Tripepi Smith (Trent Sunahara and Ryder Todd Smith) executed a dedicated webpage ( http://bit.ly/2tJRs8a ) that included a series of news releases detailing all aspects of the process, beginning with the aftermath of the fire. Tripepi Smith also writes two monthly news releases when required for the City of La Canada Flintridge (Katherine Griffiths and Ryder Todd Smith) that provide coverage of community events and accomplishments: http://bit.ly/2BP5icL. http://bit.ly/2BdCxD6 PROPOSED FEES FOR AD HOC WORK The City has requested interim support with a broad set of objectives. As such, there is a need for flexibility and to use Tripepi Smith on an ad hoc basis as needed. Tripepi Smith recognizes that, if the City does a larger volume of work with Tripepi Smith, then it should experience a reduction in hourly rate fees. As such, for any work that Tripepi Smith does in a given month over $4,000, Tripepi Smith will discount that work by 15%. For example, if we bill $6,000 for the month, the invoice will be discounted by $300. Time at Tripepi Smith is billed in 15- minute increments— i.e. we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours. Based upon our work in February and March with the City and anticipating a deeper, routine and more proactive engagement going forward, the City should estimate $7,250 a month in costs for the ad hoc work with Tripepi Smith. 12 25B-28 TRIPEPI SMITH marketing • technology • public affairs Ad Hoc rates are as follows: Resource Standard Rates TSA,P.[incipal.... -,,. • . ..... 5230: TSA Director $170 TSA Senior Business AiialysE $140 TSA Business Analyst $90 TSA Junior Business Analyst ', • $65 TSA Photographer/Cameraman/Editor $90 Senior GraiphicAkist i $105, " Graphic Artist $90 Other Fees Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production -related fees that may come up during the course of our engagement which we want to tell you about. Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply: $500 for a full day of video equipment use (includes full set of video equipment). "Full day" is defined as a shoot lasting more than five (5) hours. $300 for a half day of video equipment use. "Half day" is defined as anything up to four (4) hours of video production. All such expenses will be authorized by the client prior to fee being assessed. $500/day drone fee applies and is not inclusive of the drone operator time (videographer rate). Printing Fees Tripepi Smith is happy to use a printer of the client's choosing for print production work, or to recommend a printer with whom we have experience. Tripepi Smith typically has the printer bill the client directly for work. Tripepi Smith makes no money on print services and has no economic interest in the selected print vendor other than ensuring quality and fair pricing for our clients. 13 25B-29 TRIPEPI SMITH marketing • technology • public affairs Digital Advertising Fees Tripepi Smith is a Google Partner, Constant Contact Solution Provider, and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of outreach strategy; often, this comes with digital advertising fees. Tripepi Smith typically uses a client's credit card to cover such fees, and those fees are impossible to estimate at this time without our firm being engaged in the work with the team at the City. When Tripepi Smith uses its credit card to pay for digital advertising, we apply a 10 percent agency fee to the costs to recover our accounting and management oversight of the services. FIX PROJECT WORK City Staff have asked for a specific deliverables that Tripepi Smith offer a fixed price to execute: 1. Execution of a communications assessment of the entire organization Integrated with our ad hoc work, but separate in pricing from that work, Tripepi Smith's fixed price will be invoiced separately from our ad hoc work with the City. Communications Assessment The City has acknowledged a need to better understand the totality of its current external communication strategies, processes and tactics. Tripepi Smith's Communication Assessment process provides this knowledge through a series of interviews with staff, council and community partners, as well as an analysis of social media presence and platforms in the community. Then, based on that analysis, we provide a deep dive of customized recommendations with specific action items called out for city staff to take action on. Tripepi Smith will be onsite for four days conducting interviews and reviewing details of the City for up to 9 hours each day. Tripepi Smith will execute interviews with up to 30 people over the four days. We will also conduct up to 5 additional phone -based or digital communication interviews. This will result in a total of 35 different people interviewed. Tripepi Smith will be onsite for the following: • Interviews • Presentation to Staff and/or Council Total process will take up to 4 months from the first day onsite. Pricing is $33.500 The following payment schedule will apply for the work: • 25% at kickoff of the project • 25% at completion of the interviews and onsite four -day visit 14 25B-30 TRIPEPI SMITH marketing • technology • public affairs • 25% at delivery of a draft report • 25%within 45 days of delivery of draft report or acceptance of final report and presentation by Tripepi Smith staff, whichever happens first. At the conclusion of the Communications Assessment, Tripepi Smith will deliver a report to the City Staff and/or City Council or a City Council Subcommittee. The reports are typically between 45 and 100 pages in length; Tripepi Smith will also provide a shortened "Executive Summary' version that highlights key observations and recommendations. Prior client cities that have participated in the Communications Assessment include: La Canada Flintridge, Town of Windsor, City of Cupertino, City of Saratoga, City of Norwalk and City of Paramount. CONCLUSION Tripepi Smith is deeply interested in the opportunity to expand our work with the City of Santa Ana. There is an excellent foundation upon which to build and the story of Santa Ana is certainly compelling. It seems clear that the City knows it needs to communicate more strongly, particularly in regard to addressing community misinformation and media relations. This strikes at the core of our experience and certifications in leveraging multiple platforms for honest and informed dialogue. We are already thankful for the opportunity to be working with the City. It has been exciting to work hand -in -hand with the City Manager's office and other departments on timely messaging. We look forward to both the Communications Calendar and the Communications Assessment and their combined ability to help the City focus (and enhance) its outreach and engagement efforts. 15 25B-31 25B-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT WITH EAST END ❑ As Recommended PARTNERS LP FOR PARKING LEASE AT ElAs Or Amended ng 300 EAST FIFTH STREET ❑ Ordinance on 2nd Reading (STRATEGIC PLAN NO. 3,413) ❑ Implementing Resolution ❑ Set Public Hearing For A r CID�JkANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with East End Realty Partners, LP for a minimum of thirty-six (36) parking spaces and a maximum of forty-eight (48) parking spaces in the City owned parking structure located at 300 East Fifth Street for an initial six months period, at a monthly rate of $1,620 per month. After the initial six months period, the agreement shall be for a subsequesnt period of ten years, with two additional ten-year extensions, at a minimum monthly rate of $2,160, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION East End Realty Partners, LP (Developer) is working on a project for the construction of residential units on the second floor of the existing building at 201 East Fourth Street, commonly known as the Fourth Street Market. The developer is proposing to convert the second story of the building that is currently vacant to 24 studio units, ranging in size from 473 to 820 square feet; the project will be known as "401 North Bush Street Apartments." However, providing on -site parking for the project is not possible without a complete demolition of the existing building. Due to the current site configuration and improvements, the developer must rely on an off -site parking structure to provide parking for the residents of the project. On January 22, 2018, the Planning Commission approved Variance No. 2018-01 to allow off -site parking and a reduction in required off-street parking. Prior to exercising the rights conferred by the variance the applicant must comply with the conditions of approval which include entering into a long term parking lease agreement for the life of the residential project for off -site parking within a half mile radius of the project site prior to the building permit issuance. The developer is proposing to lease parking spaces from the City parking structure immediately to the north at 300 East Fifth Street. The parking structure contains approximately 700 spaces, with only a portion to be reserved for exclusive use for the residential project and the remainder 25C-1 Agreement with East End Partners, LP June 5, 2018 Page 2 accessible to the public. Access from the parking structure is provided directly to the second floor of the building via a pedestrian walkway that leads into the hallway of the residential building. At this point, the construction plans for the apartment project are being reviewed by the Planning and Building Agency and permit issuance is expected to be during the summer of 2018. The effective date of the parking lease will be take place thirty days after the issuance of the Certificate of Occupancy. The long-term parking lease agreement is for a minimum of 36 parking spaces at a monthly rate of $2,160 ($60/space). Should more parking be necessary in the future, the developer has the ability to lease an additional 12 spaces in the structure. During the term of the parking agreement, the City reserves the right to adjust the monthly rates of the agreement in the event of an increase in the number of parking stalls leased or an increase in rates for the general public as determined by the City. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting 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 B (create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown). FISCAL IMPACT Funds received will be deposited into the Parking Operations - Spurgeon Structure revenue account (no. 02710002-53904) as follows: Fiscal Year Account Amount FY 2018-19` 02710002-53904 $1,620" FY 2019-20 02710002-53904 $25,920 FY 2020-21 02710002-53904 $25,920 FY 2021-22 02710002-53904 $25,920 FY 2022-23 02710002-53904 $25,920 FY 2023-24 02710002-53904 $25,920 FY 2024-25 02710002-53904 $25,920 FY 2025-26 02710002-53904 $25,920 FY 2026-27 02710002-53904 $25,920 FY 2027-28 02710002-53904 $25,920 FY 2028-29 02710002-53904 $25,920 Total $260,820 25C-2 Agreement with East End Partners, LP June 5, 2018 Page 3 "NOTE: Parking revenue is subject to approval of the project. The amount noted for FY 2017-18 is an estimate only. Monthly revenue is subject to change depending on quantity of spaces leased and their current pricing. APPROVED AS TO FUNDS AND ACCOUNT: Minh Thai Francisco Gutierrez Executive Director Executive Director Planning and Building Agency Finance and Management Services Agency AR Exhibits: 1. Map — parking space layout 2. Parking lease agreement with East End Realty Partners, LP 25C-3 25C-4 E 5C� 25C-6 LONG TERM PARKING LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA EAST END REALTY PARTNERS, LP THIS LEASE AGREEMENT ("Agreement" or "Lease") is made and entered into this 5th day of June, 2018, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and exiting under the constitution and laws of the State of California, herein referred to as "Landlord", and East End Realty Partners, LP, herein referred to as "Tenant". RECITALS: A. The City of Santa Ana desires to provide long term parking for Tenant at the City owned parking structure located at 300 E. 5d' Street (the "Parking Structure"). City will provide for parking spaces on the 2"d floor of the Parking Structure. City will provide up to 48 parking spaces, with a minimum number of 36 parking spaces for the Tenant. Landlord and Tenant will mutually agree to the location of one (1) handicapped parking space on the west side of the parking structure as designated pursuant to Exhibit A of this Agreement. B. Tenant represents that the purpose of this Agreement is to provide parking for residents at the housing project known as "401 N. Bush Street Apartments" (the "Project"). Tenant, and its successors and assigns, shall comply with the terms and conditions of Resolution No. 2018-04 containing the variance (the "Variance") for reduction in parking for the Project. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties hereto agree as follows: ARTICLE 1— TERM OF LEASE Section 1.01 Lease Area and Use (Landlord) (a) Landlord hereby leases to Tenant and Tenant hereby leases and hires from Landlord the exclusive reserved use of the "Lease Area", as herein described and shown in general in Exhibit A, attached hereto and incorporated herein by reference, for the purpose of providing parking spaces for Tenant's designated and assigned residents ("Residents") of the Project and for no other purpose. (b) Landlord shall restrict the use of the Lease Area for the exclusive use of the Tenant's designated and assigned Residents to the use of the delineated parking spaces every day during the term of this Agreement. (c) Landlord shall post signs specifying such restrictions on the walls facing the restricted spaces, in accordance with Santa Ana Municipal Code Section 36-147. v16LT2 Section 1.02 Lease Area and Use (Tenant) (a) In accordance with and for the Compensation set forth in Section 1.04(a), Tenant agrees to purchase a minimum of 36 monthly passes for parking in the Parking Structure for each calendar month during the Term and to distribute the passes to its designated and assigned residents at 401 N. Bush Street. Any future changes to the minimum number of required parking spaces must be reviewed by the City Attorney and Planning Manager as this requires revision of the conditional use permit ("CUP") which requires approval of the Planning Commission and the City Council. (b) The exclusive reserved use rights of Tenant as to the Lease Area shall be subject and subordinate to the prior and paramount right of Landlord to use the Parking Structure in its entirety for public purposes to which it presently is and may, at the option of Landlord, be devoted. Tenant undertakes and agrees to use the Lease Area and to exercise its rights under this Lease at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parking Structure by Landlord for public purposes. (c) Subject to the provisions in Section 7.01, shquld parking spaces within the Lease Area of the Parking Structure become unavailable, the City will work with Tenant to provide reserved parking spaces at the closest City lot where parking is available. (d) Tenant hereby acknowledges that tifle to the Property is vested in Landlord and agrees never to assail or resist the same, and further agrees that Tenant's use and occupancy of Lease Area shall be based solely upon the use rights herein given. (e) As of the commencement date for this Agreement, Tenant acknowledges that Landlord has not installed electric vehicle ("EV") charging stations at the parking structure. Tenant will not, nor will it allow its residents to set up, install or maintain any form of unauthorized EV charging stations at the assigned locations specified in Exhibit Al Should the Landlord, or the City, choose to install EV charging stations during the term of this Agreement, use of the charging stations may be allowed, if available. Section 1.03 Term (a) This Agreement shall commence thirty (30) days after the issuance by City to Tenant of a Certificate of Occupancy for the Project and continue for ten-(10) years _from -the date of issuance. At the Landlord's sole discretion, Tenant may be granted .up to two (2) additional ten (10) year extensions of this Agreement, subject to a written agreement signed by both parties and approval by the City Council. Provided Tenant has been in good standing throughout the Term hereof including extensions granted to Tenant, Landlord will consider and negotiate in good faith the granting of additional extensions, subject to a written agreement signed by both parties and approval by the City Council. Earlier termination of this Lease shall be in conformance with Section 5.02. 25C-8 Section 1.04 Compensation/Consideration (a) Except during the initial six (6) months of the Term, Tenant shall pay to Landlord monthly compensation in the amount of $60 per space or the then current market rate as amended by the City from time to time ("Compensation") for the purchase of parking passes pursuant to Section 1.02(a) enabling use of the Lease Area. (b) For the initial six (6) months, compensation shall be $1,620 per month. (c) Compensation will be due on or before the 10' of each month, payable to "The City of Santa Ana" and remitted to: Finance and Management Services; City of Santa Ana, 20 Civic Center Plaza (M-17), P.O. Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied if any payment hereunder remains unpaid. In addition, one and a half percent (1 %2%) interest per month shall be added for each month that payment hereunder remains unpaid following such written notice. (d) During the Term of this Agreement, Landlord reserves the right to adjust the monthly rates in the event of an increase in rates foi:the general public at the Parking Structure as determined by the City. (e) Any holding over after the expiration/of the Term or Renewed Term, with the consent of Landlord, shall be construed to be an extension from month -to -month at two (2) times the compensation herein specified and shall otherwise be consistent with the conditions herein specified, so far as applicable. City will grant to Tenant a 30-day grace period after the expiration of the Agreement for Tenant to remove any remaining residents or parking pass holders. If the holdover term continues past the 30-day period; Tenant will be responsible for payments to the City for the grace period. / (f) Upon Tenant/paying the Compensation provided hereunder, and observing and performing all of the covenants, conditions and obligations on Tenant's part to be observed and performed hereunder, Tenant shall have the quiet right of exercise of its exclusive reserved use rights for the entire term hereof, subject to all the provisions of this Agreement. (g) Upon the expiration or termination of this Agreement, Tenant shall surrender the Lease Area in good and clean condition, ordinary wear and tear excepted. Section 1.05 Reserved Use Rights; Non -Possessory Interest Subject Tenant's exclusive reserved use rights as to the Lease Area, Landlord retains full ownership of the Lease Area and Tenant will not acquire any interest, whether temporary, permanent, irrevocable, possessory or otherwise, by reason of this Agreement or by the exercise of the exclusive reserved use rights given herein. Tenant will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 25C-9 Section 1.06 Non -Recording Neither party shall record this Agreement. ARTICLE 2 —UTILITIES Section 2.01 Utilities Landlord shall pay for all electricity, gas, water, sewer and janitorial services furnished to the Lease Area for the use, operation and maintenance of the Lease Area during the Term of this Agreement, or any extension thereof, and for the removal of garbage and rubbish from the Lease Area during the Term of the Agreement, or any extension thereof. ARTICLE 3 — ACCESS AND MAINTENANCE Section 3.01 Tenant's Access i (a) Landlord shall provide access to the Lease Area -to Tenant and its designated and assigned residents twenty-four (24) hours a day, seven (7) days a week. Tenant shall permit entry by Landlord to the Lease Area; provided, however, that except in the case of emergencies, Landlord shall give Tenant twenty-four (24) hours' notice prior to entry into the Lease Area. Landlord represents and warrants that it has full rights of ingress and egress to and from the Lease Area. Tenant's exercise of its access rights shall not cause undue inconvenience to Landlord. (b) Tenant shall be required.to make any repairs to the Lease Area occurring from damages caused by Tenant, its designated and assigned residents, employees, agents, contractors„and subcontractors. Tenant shall, at its sole cost and expense, maintain and repair the Lease Area and Tenant's equipment including, but not limited to, th/removal of all trash, debris, graffiti, as well as any special intensive cleaning. If Tenant causes any damage to the Property, to the Lease Area or to access roadways or other nearby facilities, it shall properly repair same as specified by Landlord. (c) Upon the expiration or termination of this Agreement, Landlord shall approve in writing the surrender of the Lease Area by Tenant only after being satisfied that Lease Area has been left in good and clean condition, less ordinary wear and tear. (d) Quiet Enjoyment. Upon Tenant paying the Lease fee reserved hereunder, and observing and performing all of the covenants, conditions, and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of its Lease Area for the entire term hereof, subject to all the provisions of this Lease. 25C-10 Section 3.02 Alterations; Liens Tenant shall make no alterations to the Lease Area and will not permit any mechanics' or materialmen's or other liens to stand against the Lease Area by reason of any use or occupancy by Tenant, or any person or resident claiming under Tenant. ARTICLE 4 — INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless. Tenant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Tenant, its residents, subcontractors, agents, employees, or other persons acting on its 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 Tenant further agrees to indemnify,- hold harmless, and pay all costs for the defense of the City, including fees and costs forApecial 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. Section 4.02 Insurance i In addition to the Tenant's covenant to indemnify and hold harmless Landlord, Tenant shall obtain and furnish to Landlord, a policy of general public liability insurance, commercial general liability insurance including motor vehicle coverage covering the Lease Area and Tenant's equipment. The policy shall indemnify Tenant and Landlord, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Lease Area and Tenant's equipment; and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $3,000,000 per occurrence. The City also requires an Additional Insured Endorsement, as attached and incorporated herein as Exhibit B. The policy shall name Landlord, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any insurance coverage which may be applicable to the Lease Area and Tenant's equipment shall be deemed excess coverage and that Tenant's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a "deductible" or any other similar form of limitation on the required coverage. Tenant is required to give the Landlord no less than forty-five (45) days' notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall 25C-11 be construed in derogation of the continuous duty of Tenant to furnish insurance during the term of this Agreement. Section 4.03 Property Insurance Tenant shall provide to Landlord, before entering the Lease Area, and shall maintain in force during the entire term of this Agreement, property insurance with extended coverage endorsements thereon, on the Lease Area in an amount equal to the full replacement cost and/or value thereof, this policy shall contain a replacement cost endorsement naming Tenant as the insured and shall not contain a co-insurance penalty provision. The policy shall contain a special endorsement that such proceeds shall be used to repair or rebuild any such improvements so damaged or destroyed; and if not so used, such proceeds shall be paid to Landlord. The proceeds of any such insurance payable to Landlord shall be used for rebuilding or repair as necessary to restore the Lease Area at the discretion of Landlord. The policy shall name Landlord as an Additional Insured. The policy or policies shall also contain the following endorsements: / The insurer will not cancel or reduce the insured's coverage without thirty (30) days prior written notice to Landlord;: and 2. Landlord will not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with Landlord prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with Landlord. Section 4.04 Certificates of Insurance; Additional Insured Endorsements Prior to execution of this Agreement, Tenant shall furnish to Landlord certificates of insurance and additional insured endorsements to each of Tenant's insurance policies, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of Landlord; and 4. If Tenant self -insures, Licensee shall provide proof of self-insurance including the following: "Tenant represents to Landlord and Landlord acknowledges that Tenant self -insures in the ordinary course of its business. Notwithstanding any other provision contained 25C-12 herein to the contrary, the insurance obligations of Tenant set forth in this Lease may be satisfied by endorsements to existing excess/umbrella policies written by companies of recognized standing showing a self-insurance retention of not less than the public liability requirement." Tenant shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of Landlord by Tenant under the Agreement. Landlord or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Tenant shall provide within fifteen (15) days of Landlord's request. ARTICLE 5 —TERMINATION RIGHTS Section 5.01 Termination in the Event of Casualty or Condemnation/ (a) In the event of any damage, destruction or condemnation of the Parking Structure or the Lease Area, which renders the Lease Area unusable, inaccessible or inoperable in Landlord's reasonable good faith. judgment, Tenant shall have the right, but not the obligation, to terminate the Agreement with respect to all or the inaccessible/unusable portion of the Lease Area by giving written notice to Landlord within thirty (30) days after such damage, destruction or condemnation. If Tenant does not elect to terminate,,then Landlord shall repair the damage and, to the extent Tenant's use of the Lease Area is rendered unavailable, Compensation shall be abated on proportional basis until Landlord's repairs have been completed. If Landlord's repairs to the Lease Area have not been completed within ninety (90) days from the date of the/damage, destruction or condemnation, Tenant shall again have the right to terminate this Agreement upon thirty (30) days' notice to Landlord, unless all -repairs are completed within such 30-day period. (b) In the event,.of condemnation, unless Tenant is allowed by the condemning authority to'continue its use of the Lease Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Tenant is required to cease its use, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Landlord. (c) Subject to the provisions of Section 8.01, and if Tenant opts to not terminate this Agreement pursuant to Section 5.01, with respect to some or all of the parking spaces within the Lease Area, the City will work with Tenant to provide reserved parking spaces at the closest City owned lot where parking is available at rates charged to Tenant at the time of the event. If the parties cannot mutually agree upon a replacement location, the parties retain their right to terminate this Agreement. 7 25C-13 Section 5.02 Additional Termination Rights (a) This Agreement may be terminated on fifteen (15) days prior written notice as follows: (1) by either party upon a default of any covenant or term hereof by the other party, which default has been noticed and is not cured within thirty (30) days of receipt of written notice of default, provided that the grace period for any monetary default is only ten (10) days from receipt of notice; or (2) by Tenant if Tenant is unable to occupy and utilize the Lease Area due to any action of the Interstate Commerce Commission or the Department of Transportation; or (3) by Tenant upon thirty (30) days written notice in the event recurring disputes arise over whether maintenance, repair or property damage claims or claims for personal injury (in each case whether or not insured), are in fact attributable to or caused by actions of Tenant's designated and assigned residents. (b) Landlord shall have at its sole discretion the option of terminating this Agreement if Tenant loses its ownership interests or is unable to maintain its interests in the property at 401 N. Bush Street. Tenant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, leases, approvals, waivers, and exemptions as would enable compliance with the foregoing. Said inability shall be cause for immediate termination of this Agreement. ARTICLE 6 — ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 6.01 Assignment Unless approved in writing by the Landlord, Tenant will not assign, transfer or sell this Agreement or any rights hereunder in whole or id part (except for use of parking passes by Residents), and any attempt to do so will be void and confer no right upon any third party. Subsequent owners of the Project must expressly assume the obligations of Tenant and will negotiate with the City as to future issues related to this Agreement, including as to approved locations for substitute parking within one-half mile of the Project which will comply with the Variance in the event this Agreement expires or is terminated.. Tenant shall have the right to enter into contractual agreements with independent contractors acting as agents, package deliverers, telegraphic, monetary or other transmittal operators. Section 6.02 Abandonment by Tenant Should Tenant breach this Agreement by abandoning the Lease Area prior to the expiration of the Term or Renewal Term, Landlord may: (a) Continue this Lease in effect by not terminating Tenant's rights to use the Lease Area, in which event Landlord shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the Compensation specified in this Agreement as it becomes due under this Agreement; or 25C-14 (b) Terminate this Agreement and Tenant's rights to use the Lease Area and recover from Tenant: (i) the worth at the time of award of unpaid Compensation which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid Compensation which would have been earned after termination until the time of award exceeds the amount of such compensation loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid Compensation for the balance of the current Term after the time of award exceeds the amount of such compensation loss that Tenant proves could be reasonably avoided; and (iv) any other amount necessary to compensate Lessor for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease. The worth at the time of award of the amount referred to in provision (iii) of the immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent. Section 6.03 Unlawful Detainer Should Tenant default in the performance of any of the terms, conditions, or obligations contained in this Agreement, after any applicable notice and cure period, Landlord may, in addition to the remedies specified in Section 6.02 of this Lease, re-enter and regain possession of the Lease Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. i Section 6.04 Insolvency of Tenant The insolvency of Tenant as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Tenant, or the making of a general assignment for the benefit of creditors by Tenant, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Landlord to re-enter and regain possession of the Lease Area. Section 6.05 Cumulative Remedies The remedies given to Landlord in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law. Section 6.06 Waiver of Breach The waiver by Landlord of any breach by Tenant of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant either of the same or another provision of this Agreement. (continued on next page) 25C-15 ARTICLE 7—HAZARDOUS MATERIALS Section 7.01 At the time of execution of this Lease, Landlord warrants that the Lease Area is clean and contains no known hazardous materials. Tenant represents and warrants that it will comply with all environmental laws during the term of this Lease; its use of the Lease Area herein will not generate any hazardous substance, and it will not store or dispose on the Lease Area nor transport to or over the Lease Area any hazardous substance. Tenant further agrees to clean-up and remediate any hazardous substance on the Lease Area and Property, and hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into.,the environment will or may reasonably be anticipated to cause sickness, death or disease. ARTICLE 8 — MISCELLANEOUS Section 8.01 Force Majeure — Unavoidable Delays Should the performance of any act required by this Agreement to be performed by either Landlord or Tenant be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of Compensation by Tenant as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Landlord or Tenant, required to perform the act. Section 8.02 Notice Any written notice or required submittals, given under the terms of this Agreement, shall be delivered personally, or sent via facsimile transmission, electronic mail (e-mail) or mailed, certified mail, postage prepaid, addressed to the party concerned as follows: To Landlord: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) 10 25C-16 P.O. Box 1988 Santa Ana, CA 92702-1988 Facsimile (714) 647-6956 With courtesy copies to: and, Executive Director —Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, CA 92702 Facsimile (714) 647-5414 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Facsimile (714) 647-6515 To Tenant: East End Realty Partners, LPG Attn: Irving M. Chase 129 W. Wilson St., SteA00 Costa Mesa, CA 92627 Facsimile (949) 722-8855 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail; any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the 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. Section 8.03 Contract Administrator The Executive Director of the Finance & Management Services Agency, or his/her designee, shall be City's Lease Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 11 25C-17 Section 8.04 Compliance with Laws Tenant shall at Tenant's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Tenant's use and occupancy of the Lease Area, including the rules and regulations provided for the Parking Structure. The designated and assigned Residents to the Lease Area shall comply with local municipal codes, statutes, ordinances, rules and regulations related to use of a public parking structure, including the rules and regulations provided for and posted at the Parking Structure, now in force or hereinafter enacted. Any vehicle which does not comply with the terms of this Section may be subject to towing and removal as provided by the municipal code. The judgment of any court of competent jurisdiction, or the admission by a Resident in a proceeding brought against such Resident by any government entity, that Resident has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and such Resident, and as between Landlord and Tenant shall be considered grounds for termination of this Agreement by Landlord. Section 8.05 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. /The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. In the event Landlord's successor or assign obtains title to the Parking Structure upon foreclosure of a deed of trust or other collateral security instrument, or by reason of Landlord's bankruptcy or insolvency and resulting forced sale, this Agreement shall survive and continue and the successor shall honor this Agreement and Tenant shall attorn to said successor. Section 8.06 Partial Invalidity Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired,b"y the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 8.07 Waste or Nuisance Tenant shall not commit or permit the commission by Residents of any waste on the Lease Area. Tenant shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Parking Structure or Lease Area; and Tenant shall not use or permit the use of the Lease Area for any unlawful purpose. Section 8.08 Time of Essence Time is expressly declared to be of the essence in this Agreement. 12 25C-18 Section 8.09 Governing Law 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. Section 8.10 Survival Terms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement, shall so survive. Section 8.11 Conflict of Interest Tenant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of its obligations under this Agreement as specified herein. i Section 8.12 Attorney's Fees In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall -bear its own attorney's fees. Section 8.13 Exclusivity and Amendment This Agreement constitutes the entire agreement and understanding between Landlord and Tenant respecting the Lease Area, the leasing of the Lease Area to Tenant, or the Lease Term herein specified, and correctly sets forth,the obligations of Landlord and Tenant to each other as of its date. Any agreements or representations between the parties respecting the Lease Area or its leasing which are not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and acknowledged by Landlord and Tenant, or their successors in interest. Section 8.14 Captions Captions used in this Agreement are for ease of reference only and shall not affect the construction or interpretation of this Agreement. Section 8.15 Non -Discrimination Tenant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or mental or physical disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, 13 25C-19 termination or other employment related activities. Tenant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia Carvalho City Attorney - BY Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance & Management Services Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager FA I EAST END REALTY PARTNERS, LP By: East End Realty Partners GP, LLC Its: General Partner Irving M. Chase Manager 14 25C-20 z GJ GJ L LL W O O M I� Exhibit B RESOLUTION NO. 2018-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-01 AS CONDITIONED TO ALLOW OFF -SITE PARKING AND A REDUCTION IN REQUIRED OFF- STREET PARKING FOR THE PROPERTY LOCATED AT 201 EAST FOURTH 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. East End Realty Partners LP ("Applicant') is requesting approval of Variance No. 2018-01 to allow for off -site parking and reduced off-street parking for a multi -family project of 24 residential studio units proposed at 201 East Fourth Street. B. Section 41-2011 (d) of Specific Development No. 84 (SD No. 84/Transit Zoning Code) establishes the off=street parking standard for the conversion of an existing building to a new use in the Downtown land use district. Pursuant to Santa Ana Municipal Code requirements, a minimum of 2.15 spaces per unit (52 spaces) are required. The Applicant is requesting a variance to allow for 1.5 spaces per unit (36 spaces) and to allow for off -site parking at the parking structure located to the north at 300 East Fifth Street, C. Section 41-2005 establishes that variance applications shall be subject to Santa Ana Municipal Code Chapter 41, Article V. D. On January 22, 2018, the Planning Commission held a duly noticed public hearing on Variance No. 2018-01. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this variance pursuant to Santa Ana Municipal Code Section 41-638, have been established for Variance No. 2018-01 to allow off -site parking and a reduction in required off-street parking for the subject property: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. Resolution No. 2018-04 Page 1 of 8 25C-22 71 The project site has .special circumstances that warrant approval of a variance. When the building was constructed in 1986, it was developed as part of Fiesta Marketplace, a redevelopment plan featuring a master planned retail, commercial and entertainment center that utilized public parking structures to meet parking demands. At the time that the building was constructed the Transit Zoning Code development standards were not in place. To comply with the current development standards for off-street parking, the existing building would have to be demolished to provide on - site parking. This would result in the demolition of a major community amenity, known as Fourth Street Market, and would be a significant burden on the property owner. The building is located in the core of Downtown Santa Ana, an environment that is pedestrian -oriented due to the close proximity of places to live and work and connections to an intricate transportation network with various modes of transportation available such as rail, bus, and bicycle. In addition, the proposed Fixed Guideway (OC Streetcar) route is along Fourth Street and will increase transportation options for residents as it will provide direct access to the Santa Ana Regional Transportation Center, a regional rail line,' and 18 Orange County Transit Authority bus routes. There are a variety of retail, service, eating and entertainment establishments and parks within walking distance of the site further reducing the need for a vehicle and creating a site that prime for transit -oriented development. As a result, special circumstances exist that support a variance for off -site parking and reduced off-street parking. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is -necessary for the preservation and enjoyment of substantial property rights. To develop 24 multi -family housing units the Transit Zoning Code requires a total of 52 parking spaces (2 per unit and .15 guest spaces per unit). The Transit Zoning Code does not stratify parking by bedroom count, therefore a development such as the proposed project with all studio units is subject to the same standards as a development with two or three bedroom units. The prescribed parking ratio creates a substantial burden for the developer as they are proposing studio units, but are subject to the same requirements as larger or mixed Resolution No. 2018-04 Page 2 of 8 25C-23 multi -family developments. In addition, cities with similar downtown environments such as Long Beach and Los Angeles require one space per studio unit instead of the 2.15 spaces required by the Transit Zoning Code. Allowing a reduction in parking for the studio units will support continued development in the downtown area. Therefore, granting of the variance is necessary for the preservation and enjoyment of substantial property rights and will preserve the property owner's right to develop on the site with a use that is allowed in the zoning district and will assist in revitalizing the area, which preserves the property owner's right to upgrade and develop their property. 3. That the granting of.a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting the variance will not be detrimental to the public welfare or injurious to the surrounding properties. The public parking structure contains approximately 700 spaces, only a portion of which would be reserved for exclusive use for the residential project and the remainder would remain accessible to the public. Typically, the parking structure is at 40 percent capacity on weekdays and 60 percent capacity during weekends, leaving approximately 245 stalls available for the public during maximum capacity use. Therefore, there will be minimal impacts to the public or surrounding properties. The parking ratio of 1.5 spaces per unit will provide one space per unit with 12 extra spaces which is appropriate for a development of all studio units. Providing an excess of parking can encourage solo driving anal dependency on a vehicle, which is opposite of several of the goals and policies of Transit Zoning Code and General Plan. The building and site have been designed to comply with all applicable development standards except for open space standards. The site improvements such as the new facade and amenities will enhance this property as well as the surrounding properties. The exterior has been designed to be compatible with the surrounding properties. The residential development will make a substantial capital investment in the site, thereby enhancing this property and the surrounding properties. 4. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2018-04 25C-24 Page 3 of 8 The project will not adversely affect the General Plan as the residential use is a permitted use in the District Center land use designation. In addition, the project is consistent With several goals and policies of the General Plan, including Goal 1 to promote a balance of land uses to address basic community needs, Goal 2 to promote land uses which enhance the City's economic and fiscal viability. Goal 3 to preserve and improve the character and integrity of existing neighborhoods, Goal 4 to protect and enhance development sites and districts which are unique community assets that enhance the quality of life, and Goal 5 to ensure that the impacts of development are mitigated. The project is also consistent with Housing Element Policy 2.1 to strengthen Santa Ana's core as a vibrant mixed -use and mixed income environment by capitalizing on the government center, arts district, historic downtown, transit -oriented housing and diverse neighborhoods, Housing Element Policy 2.4 to facilitate diverse types, prices and sizes of housing including transit -oriented housing, Land Use Element Policy 1.1 to promote medium density housing in and around the downtown area, Policy 1.5 to maintain and foster a variety of residential land uses in the City, Policy 2.4 to support pedestrian access between commercial uses and residential neighborhoods that are in close proximity, Policy 2.7 support projects that contribute to the redevelopment and revitalization of the center City urban areas, Policy 3.5 to encourage new development that is compatible in scale, and consistent with the architectural style and character of the neighborhood and Urban Design Element Policy 1.5 to encourage- projects that include enhanced architectural forms, textures, colors and materials. The development is consistent with these goals and policies and has been designed to provide architectural and visual interest to the site and adjacent community. Section 2. 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 provided it is consistent with the General Plan and zoning code; the project site is less than five acres, surrounded by urban uses, does not have any noise or traffic impacts, and can be served by existing utilities. The proposed conversion of the second floor of the existing building to 24 studio units has been found by the City's development review agencies to not create any adverse impacts. The building is located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as the building is existing and the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a Resolution No. 2018-104 Page 4 of 8 25C-25 significant effect on the environment due to iunUsual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code, As a result, Categorical Exemption Environmental Review No. 2017-67 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 Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2018-01 as conditioned in Exhibit A attached hereto and incorporated herein, for the project located at 201 East Fourth Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 22, 2018, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 22nd day of January, 2018. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MENDOZA VERINO (5) NOES: Commissioners: ABSENT: Commissioners: NGUYEN (1) ABSTENTIONS: Commissioners: MCLOUGHLIN (1) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson 25C-26 P,esohition No. 2018-04 Page 5 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 22, 2018. Date: Recording Secretary City of Santa Ana Resolution No. 2018-04 Page 6 of 8 25C-27 EXHIBIT A Conditions of Approval Variance No. 2018-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance: 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2017-24. 2. Prior to building permit issuance the Applicant shall record an easement, covenant and agreement in a form acceptable to the City Attorney to establish and approve a cross lot line easement and access for the ingress/egress stairwell between the buildings of 201 East Fourth Street and 219 East Fourth Street. 3. Prior to building permit issuance the Applicant shall finalize all pending lot fine adjustments on the property. 4. Prior to issuance of a building permit the Applicant shall enter into a long-term parking lease agreement for the life of the residential project for off -site parking, within a half mile radius of the project site as measured from the property line boundary, in a form acceptable to the City Attorney for a minimum of at least 36 parking spaces (1.5 spaces per unit). Any future changes to the agreements must be reviewed by the City Attorney and Planning Manager, 5. Prior to approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. II. The following are requirements that shall be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. Resolution No. 2013-04 25C-28 ?age' of 3 III. Th_- following are requirements that shall be addressed and/or aooroved by the Public Works Agency prior to issuance of a building permit: 1. A Master -Meter of appropriate size, shall be placed in the sidewalk area, adjacent to the curb line, along the property's frontage in the public right-of- way, 2. Private water meters shall be installed within the property (upon connection to the proposed public Master -Meter) in order to allow individual residential units to be served separately for their domestic water needs. 3. Prior to submittal into Building plan check, depict and note the approximate location for all existing and new wet and dry utilities, mains and laterals (i.e. electric, gas, water, fire, sewer, storm drain, etc.). 4. Prior to submittal into Building plan check, depict and note that all utilities (existing and new) will be a minimum of 10 feet away from the driveways top of the "X". 5. Prior to submittal into Building plan check, depict and note replacement of damaged sidewalk and driveway on Bush Street on all construction plans. 6. Prior to submittal into Building plan check, depict construction of a minimum 8-inch private sewer lateral within this site, to connect the proposed project to the existing City sewer system in 4th Street. 7. Prior to submittal into Building plan check, begin review process of surface street improvement and utility plans by making the initial submittal of the listed plans and maps, and paying the required fees. 8. The site plan shall be designed to allow for the safe and efficient access of trash vehicles to trash receptacles to the satisfaction of.the Public Works Agency and waste service provider. Resolution No. 2018-04 Page 8 of 8 25C-29 25C-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVAL OF QUALIFIED CONSULTANTS TO PROVIDE PLANNING SERVICES ON AN AS -NEEDED BASIS (STRATEGIC PLAN NO. 3,3) HISOFFIN RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements, as provided in the attached template, approved as to form by the City Attorney's Office, with no substantive changes, to engage each of the 15 planning services firms listed below for a period of three years to provide on -call planning services for the Planning & Building Agency at the fees set forth in their responses to Request for Qualifications No. 17-043. The total compensation for services provided by planning consultants is a cumulative amount not to exceed $750,000 ($250,000 per year), subject to non -substantive changes approved by the City Manager and City Attorney. Planning Service Consultants: AECOM Technical Services, Inc. Annealta Group Chamber Group Inc. CSG Consultants, Inc. Environment Planning Development Solutions, Inc. (EPD Solutions, Inc.) De Novo Planning Group Dudek DISCUSSION Greenwood and Associates Infrastructure Engineering Corporation (IEC) ICF Jones & Stokes, Inc. (ICF) Michael Baker International Moore, Iacofano, Goltsman, Inc. (MIG) PlaceWorks, Inc. Rincon Consultants, Inc. Sagecrest Planning and Environmental, LLC In June 2017, the City Council authorized staff to distribute a Request for Qualifications No. 17- 043 for any and all work efforts related to the California Environmental Quality Act and the National Environmental Policy Act, technical studies, and/or planning services. The Planning Division received Statement of Qualifications from 33 firms in response to the Request for Qualifications. The proposals were reviewed for adequacy, evaluated based on the criteria in the RFQ and compiled into a list of qualified firms. The pre -qualified list for on -call 25D-1 Planning Consultant Agreements June 5, 2018 Page 2 environmental and technical consultants was approved by the City Council on October 7, 2017. At that time the Planning Division did not include firms or authorization of work for planning services. Occasionally, the Planning Division may need consultant expertise to assist with drafting and adopting zoning ordinance amendments that are related to development projects (i.e. billboard, small lot subdivisions, adaptive reuse, etc.). Additional on -call work may include processing development project applications and entitlements including plan review, preparing staff reports, and attending public hearings. The Planning Divisions workload fluctuates and oftentimes workloads increase as development trends rise. Having on -call consultants for planning services will assist the Planning Division in meeting deadlines, keeping pace with development schedules and improving customer service. Selecting a consultant from a pre -approved list eliminates the need to circulate a Request for Proposal reducing the time it takes to hire a consultant. Selection to be on the pre -approved list does not guarantee work to a consultant, if needed the Planning Division will obtain a proposal from a firm for a specific project/scope of work. Developers and applicants will be required to submit payment to the City for the full cost of the contracted service plus 10 percent for administrative services. Upon receipt of payment from the developer, the City will execute a side letter Agreement to Provide Planning Services. The City will pay the consultant for work completed out of a pass through account. It is recommended that the consultant list be approved due to the expertise that the firms possess in planning. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #3 - Economic Development, Objective #3 (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community). FISCAL IMPACT Developers and applicants will be required to submit payment to the City for the full cost of the contracted service to fully fund the consultants cost. In addition, 10 percent administrative fees will be deposited into Planning Consultant Administration Fee account no. 01116002-53631. Effective July 1, 2018 these amounts will be deposited by the applicant into Planning Consultant Services Fees account no. 05316002-53630 prior to the consultant commencing any work. Fees paid to the consultant will be recorded from Contract Services -Planning Consultant Services Fees account no. 05316021-62311. Funds will be budgeted in FY 2018/19 and subsequent fiscal years in the following account for the specified years of the term: 25D-2 Planning Consultant Agreements June 5, 2018 Page 3 Account Unit FY 18/19 FY 19/20 FY 20/21 Consultant Services -Planning Services Fees 05316021-62311 $250,000 $250,000 $250,000 The Planning and Building Agency will monitor the above -referenced account to ensure sufficient appropriation is available to facilitate timely payments to the vendors providing the said service. Minh Thai Executive Director Planning and Building Agency SK:rb S:RFCA\04-15-18\RFCA Approval of Planning Consultants 6.5.18 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco GutierrezQ Executive Director Finance & Management Services Agency Exhibit: 1. Approved to Form (Template) — Agreement to Provide On -Call Planning Services 25D-3 25D-4 AGREEMENT TO PROVIDE ON -CALL PLANNING SERVICES THIS AGREEMENT is made and entered into this _ day of , 201_ by and between Click here to enter text. ("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. On June 7, 2017, the City issued Request for Qualification No. 17-043, by which it sought Consultants to provide on -call planning and technical services for the Planning and Building Agency of the City of Santa Ana. The scope of work may include any and all work efforts related to drafting and adopting zoning ordinance amendments that are related to development projects and processing development project applications and entitlements including plan review, preparing staff reports, and attending public hearings on an as -needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 17-043 and attached as Exhibit A. C. Consultant has been selected as one of the fifteen (15) vendors which qualified for this engagement. Only those consultants approved by the City Council on June 5, 2018, shall be eligible to be engaged by the City for these services and will not include or recognize services previously engaged or carried over prior to July 1, 2018. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of a letter agreement, executed by the Executive Director of the Planning and Building Agency and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and letter agreement for a specific project. EXHIBIT 1 29D f5 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation for services provided for development projects is determined upon submission of payment to the City for the full cost of the services from a developer. The Consultant shall perform the services and when the planning and technical services report is completed, the City will pay the consultant for the completed work based upon the costs paid to the City by the developer, minus administrative costs. 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 fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue until June 30, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social Pa e2of11 29D-6 security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 the 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. 7. 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. 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. 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 California 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 Pa e3of11 26D-7 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. (v) 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 famish 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. 8. INDEMNIFICATION Consultant agrees to defend, 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 negligent operations of the Consultant or its Consultants, 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 Page 4 of 11 25D-8 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. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant sliall 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. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) �f b�§t is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax:714- 647-6956 To Consultant: Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax:714-647-5897 Click here to enter text. 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral 5�6-1t0 2 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 agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. -- signature page to follow -- Page 8 of 11 25D-12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attomey By: e/il Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL MINH THAI Executive Director Planning and Building Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT Name: Click here to enter text. Title: Click here to enter text. 29�90I'� EXHIBIT A SCOPE OF SERVICES 29b-14 �� FEE SCHEDULE (OR) RATES AND CHARGES 2P5b' It 25D-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVE AN AGREEMENT WITH IDEXX LABORATORIES INC. TO PROVIDE VETERINARY DIAGNOSTIC LABORATORY SERVICES TO THE SANTA ANA ZOO (STRATEGIC PLAN NO. 5, 5C) CIAAANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 131 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 IDEXX Laboratories Inc. to provide veterinary diagnostic laboratory services to the Santa Ana Zoo from June 5, 2018 through June 4, 2019 with two, one-year renewal options for an amount not to exceed $16,000 per year and a total agreement amount of $48,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture to provide veterinary services for the collection of animals maintained at the Zoo. An agreement is currently established with another vendor that was selected based on price through an Invitation for Bid process to provide veterinary laboratory services for the Santa Ana Zoo at Prentice Park. The current agreement is not being renewed due to a failure to perform related to quality control issues and limited ability for certain analysis. As part of the routine care and treatment of the animals there is a need for laboratory testing services. Common laboratory services include blood tests and parasite screening. Reliable and accurate reporting is of the upmost importance for the accurate assessment of medical conditions in the animals. Analyzing samples from exotic species is highly specialized and PRCSA has learned that regular laboratories are not capable of addressing the needs of the Zoo. Prior to the current vendor, IDEXX Laboratories Inc. provided veterinary diagnostic services to the Zoo for eight years without issues, therefore the City recommends entering into an agreement with this company again to resume services. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C 25E-1 Approve an Agreement IDEXX Inc. for Veterinary Diagnostic Laboratory Services at the Santa Ana Zoo June 5, 2018 Page 2 (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City -controlled open space). FISCAL IMPACT Funds are available and will be budgeted in the following accounts for the specified fiscal years of the agreement: Unit FY 17/18 FY18/19 FY 19/20 FY 20/21 PRCSA-Zoo (no. 01113220-62300) $ 1,333 Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency $14,667 APPROVED AS TO FUNDS AND ACCOUNT: r K_ l�alMC�L],i`1�-n�1 Francisco Gutierrez Executive Director --1M Finance and Management Services Agency Exhibit: 1. Agreement — IDEXX Laboratories Inc. 25E-2 CONSULTANT AGREEMENT WITH IDEXX LABORATORIES, INC. THIS AGREEMENT is made and entered into this 5th day of June, 2018 by and between -IDE-XX Laboratories,_ Inc., a Delaware 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 City desires to retain a Consultant having special skill and knowledge in the field of providing veterinary laboratory services and testing for zoo animals. B. Consultant represents that it is willing to provide these services. 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 veterinary laboratory services for zoo animals described and set forth in the attached Scope of Services identified as Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION Consultant shall charge for the services provided pursuant to this Agreement the fees set forth in the attached Exhibit A. The total costs authorized pursuant to this Agreement shall not exceed sixteen thousand dollars ($16,000.00) per. year. In the event that all extensions available pursuant to this Agreement are exercised, the total not to exceed amount of this Agreement shall be forty-eight thousand dollars ($48,000.00). 3. TERM This Agreement shall commence on the date first written above and will terminate on June;. 4, 20.19, unless terminated earlier in accordance with Section 13 of this Agreement. The City in its sole discretion can extend the term of the Agreement twice, with each optional extension being for one (1) year. Page 1 of 8 25E-3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional 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. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 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. Page 2 of 8 25E-4 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I 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 terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 Page 3 of 8 25E-5 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. S. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11. . EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument Page 4 of 3 25E-6 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 agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director of the Parks, Recreation and Community Services Agency 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. 14. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 5 of 8 25E-7 16. 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 immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 18. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Parks, Recreation and Sonia R. Carvalho Community Services Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-23) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-421 1 Santa Ana, California 92702 Fax: 714- 647-6515 Page 6 of 8 25E-8 To Consultant: IDEXX Laboratories, Inc. Attention: John Ayers, CEO One IDEXX Drive Westbrook, ME 04092 Fax (207) 556-4346 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bv: (AOwf., A • Z!�y - - Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director, Parks, Recreation and Community Services Agency CITY OF SANTA ANA Raul Godinez It City Manager IDEXX LABORATORIES, INC. By: George Fennell Title: Chief Financial Officer Page 7 of 8 25E-9 EXHIBIT A SCOPE OF SERVICES /-wo, FEES AND CHARGES 25E-10 Idexx Labs Agreement —Exhibit A Scope of Services The Consultant shall: • Retain samples for a minimum of eight days before disposal. • Furnish pick-up of samples from the Santa Ana Zoo as needed on an "on call" basis. The contractor is not required to furnish pick-up on Sunday. • Furnish laboratory supplies for sample submission. • Fax a hard copy of all laboratory results to the Santa Ana Zoo at 714-953-7401 • Adhere to the guidelines established by the College of American Pathologists Commission on Laboratory Accreditation "Standards for Laboratory Accreditation." • Turnaround time for CBC and Blood Chemistry Profiles must be within 24 hours for weekday pick-ups and no later than 6 hours after delivery to the contractor. 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Y �+ u u u u u •5 'D X X W CO CO m m CO L .0 L 7 7 7>>> Gl m al m C C O O F^ V U U u U U U U U U u u u U LL LL LL LL LL �- (li m _E Y •- u d m r a T C N ? w o o m o 0 E O m A7 a` > u m m N V C L v` m �n U 'N V V m ° 3 > N M X a F' ca U c d a Q O~~ V U w• x LL QJ •C > a y V m m h T L 'H C N L w>> O C c L m m L Ic n m ' v ° > > > c '3 '3 3 IT) c C7 am E y v d u u u ° o o ,� N E •Q 'o m to m Y c Q u c c a c > '^ o. cc m Z v w .o •.m_. °: d c v Uo-u v m E° D o °° °° a '� o m _ C O L O d C T y L L U m m I o' - 'D C C m- (fi m O u VI m m m 4'• `i CC m m Y C 1. w r m m d d m y E a o m a m Q m Q d d— m m •° v a� a am u LL¢ F c m E E r LL :c u u •c •c c c Y c c y y m m N E E t o 9 o m v '� m E E E m m E E a L >, T T w w '^ .DCL O O d N '^ c c m m W N o0`0 a m �p m m m° u u m c" cc O u u V O O>> °X X a J K N= U U U Q lL lL C G li LL li 11 lL C C F- Ol N cn N DI m Dl Dt V h N rl N 1` rl O ti N N rl V1 Dl 1A V1 O 00 D�1 N ti m n OV1 M '1 O O m' V Oon nl O N V°1 N V m in ID U N N CYI H OID V lot Kr V V1 f+l N ti n1 n N V 25E-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVE AGREEMENT WITH WOOD ENVIRONMENT AND INFRASTRUCTURE SOLUTIONS, INC., FOR COMMERCIAL/INDUSTRIAL INSPECTION & DATABASE MANAGEMENT CONSULTANT SERVICES (STRATEGIC PLAN NO. 6, 1) 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 Authorize the City Manager and the Clerk of the Council to execute an agreement with Wood Environment and Infrastructure Solutions, Inc., formerly Amec Foster Wheeler Environment & Infrastructure, Inc., to provide Environmental. Consultant Services for the Commercial and Industrial Inspection and Database Management program, for a three-year term beginning July 1, 2018, and expiring June 30, 2021, with provision for one 2-year extension exercisable by the City Manager and the City Attorney, in an amount not to exceed $325,000 per year, including an annual contingency of $78,735, for a total amount not to exceed $975,000 during the three-year term, subject to nonsubstantive changes by the City Manager and City Attorney. DISCUSSION Authorized by the Federal Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program was established in 1972 to ensure that unlawful pollutant discharges do not enter the Nation's waterways. In California, this program is collectively regulated by the State Water Resources Control Board and the nine Regional Water Quality Control Boards. The City of Santa Ana, along with many other Orange County cities, is a co-permittee under the County of Orange NPDES permit (Order R8-2009-0030 - NPDES No. CAS618030). As a co- permittee, one of the requirements is to inspect commercial and industrial facilities and their operations within the City's jurisdiction for potential discharges of pollutants into the storm drain system. Approval of this recommended action will allow the City to perform these inspection and database management services in compliance with the NPDES permit requirements. On March 5, 2018, staff issued a Request for Proposals (RFP) for Commercial/Industrial Inspection and Database Management Consultant Services, and posted the advertisement on the City's website. On March 30, 2018, eight environmental consulting firms submitted proposals. Each proposal was evaluated and ranked by a review committee comprised of personnel from 25F-1 Agreement for Commercial/Industrial Inspection & Database Management Services June 5, 2018 Page 2 the Public Works Agency. Ranking criteria included the firm's qualifications, understanding the scope of work, work plan logic, clarity and specificity, consultant/sub-consultant qualifications, financial responsibility, and the schedule to perform the services. Following the evaluations and ranking of proposals, the proposed fees of the top ranked firms were evaluated. One firm, Infrastructure Engineers, was disqualified due to the omission of necessary certifications in their proposal. The table below summarizes the proposal rankings and the respective fees: Firm Score Wood Environment and Infrastructure Solutions, Inc. 94.7 Michael Baker Intl. 90.7 CWE 89.7 Charles Abbott Associates, Inc. 88.3 EEC 88.0 John L Hunter and Associates/AECOM 86.3 TAIT 83.3 Infrastructure Engineers - Staff recommends awarding a contract to Wood Environment and Infrastructure Solutions, Inc., based on the extensive experience of their team of inspectors and scientists, and their past work for the City of Santa Ana and other large municipalities within Orange County. The proposal provided specific understanding and details of the required tasks, processes, and time involved in executing the inspection and database management services. The proposals with the lower proposed fees did not offer a sufficient level of work effort to satisfactorily accomplish the requirements of the scope of services. The total three-year agreement compensation of $975,000 is structured with an annual fee of $246,265 plus a contingency of $78,735. The agreement compensation for the 2-year extension, exercisable by the City Manager and City Attorney, is also structured with an annual fee of $246,265 plus a contingency of $78,735. The contingency provides for costs associated with increased annual inspections resulting from potential future permit requirements. NPDES permit requirements have consistently increased since inception. The contingency also provides for costs associated with potential unforeseen tasks to achieve compliance and/or improve the City's NPDES program. Fiscal Year Contract Contingency Total 2018-19 $246,265 $78,735 $325,000 2019-20 $246,265 $78,735 $325,000 2020-21 $246,265 $78,735 $325,000 Three -Year Total $975,000 25F-2 Agreement for Commercial/Industrial Inspection & Database Management Services June 5, 2018 Page 3 Fiscal Year Contract Contingency Total 2021-22* $246,265 $78,735 $325,000 2022-23* $246,265 $78,735 $325,000 (*Optional 2-year extension period) Two -Year Total $650,000 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and will be available for expenditure in Fiscal Year 2018-19 in the Federal Clean Water Protection Enterprise (NPDES Program) Account (No. 05717640-62300), and will be budgeted in future years from the same account with the following distribution: FISCAL YEAR AMOUNT 2018-19 $325,000 2019-20 $325,000 2020-21 $325,000 2021-22* $325,000 2022-23* $325,000 AGREEMENT TOTAL: $1,625,000 (*Optional 2-year extension period) Edwin "William" Ga ez, P.E. Acting Executive Director Public Works Agency TC/CF Exhibit: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 25F-3 25F-4 Exhibit 1 AGREEMENT FOR COMMERCIAL AND INDUSTRIAL FACILITY INSPECTION SERVICES AND DATABASE MANAGEMENT THIS AGREEMENT is made and entered into this 5th day of June, 2018 by and between Wood Environment & Infrastructure Solutions, Inc: ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 5, 2018, the City issued Request for Proposal No. 18-017, by which it sought a consultant to provide commercial and industrial facility inspection services and database management, in accordance with the City's National Pollutant Discharge Elimination System (NPDES) Permit. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-017 and addendum thereto. 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 contracting 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: SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No. 18-017, including addendum thereto, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total annual sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $325,000. This annual sum is comprised of (1) the base amount of $246,265 and (2) a contingency in the amount of $78,735. 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 fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 8 25F-5 3. TERM This Agreement shall continence on July 1, 2018 and terminate on Juhe30, 2021,-unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for.oner2=yearperiod upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRATOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents .& Data the subconsultant 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 the 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. Page 2 of 8 25F-6 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, 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. 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. 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 California 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. Page 3 of 8 25F-7 (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. 8. INDENINMCATION Consultant agrees to defend, 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 negligent operations of the Consultant or its subconsultants, 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, Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNMCATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed Page 4 of 8 25F-8 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. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Page 5 of 8 25F-9 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O, Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Wood Environment & Infrastructure Solutions, Inc. 121 Innovation Drive, Suite 200 Irvine, CA 92617 Attn: Nathan Schaedler, P.E., Senior Principal Project Manager 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a 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 agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. 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. Page 6 of 8 25F-10 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. 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 Page 7 of 8 25F-11 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: tAj. M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT Name: Title: Page 8 of 8 25F-12 EXHIBIT A CONSULTANT RESPONSE TO RFP NO. 18-017 25F-13 Proposal to Provide Commercial/Industrial Inspection and Database Management Consultant Services Solicitation No: 18-017 Submitted to: City of Santa Ana Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Submitted by: Wood 121 Innovation Drive, Suite 200 Irvine, CA 92617 www.woodplc.com March SO, 2018 wood. 0 25F-14 wood. March 30, 2018 18PROPGOV7.0130 City of Santa Ana Attn: Tyrone Chesanek Public Works Agency M-22 20 Civic Center Plaza 3`d Floor, Ross Annex Santa Ana, CA 92701 Proposal to Provide Commercial/Industrial Inspection and Database Management Consultant Services, Santa Ana, CA, RFP No. 18-017 Dear Mr. Chesanek: Amec Foster Wheeler (referenced herein as Wood) has been providing commercial/industrial inspection and database management consultant services to the City of Santa Ana (City) since 2004. Our team of seasoned professionals understand what the City expects and efficiently address the scope items year after year. Here are a few reasons to seriously consider Wood: 1. Record of Success: Our proposed team has extensive experience performing the tasks described in the City's Request for Proposal (RFP) providing similar services for the cities within the County over the last 15 years. Our staff is responsive, provides high -quality deliverables, and completes work on -time. 2. Qualifications of Key Staff: The designated project manager, Brent Smith, leads Wood's industrial storm water practice and has successfully managed this project the last five years; our assistant project manager, Dr. Ted Von Bitner, has an in-depth understanding of the City supporting the City's TMDL compliance strategies and statewide trash provisions tasks; and our inspection staff have extensive training and experience. 3. Cost Savings: Our staff developed the City's web application, which provides considerable time and cost savings to the City. There is no learning curve using this application. Wood staff assigned to this project will continue to provide a high quality, technically accurate, reasonably priced, and on -time product. We look forward to supporting the City on this important project. Should you have any questions regarding this submittal, please contact the undersigned at (949) 642-0245. Best Regards, Brent A. Smith, ToR, QISP, CPESC, QSD/P Senior Associate Scientist 121 Innovation Drive, Suite 200 Wood Irvine, CA 92617 (949)642-0245 woodplc.com �"11tst, 'Clellve Nathan Schaedler, PE Principal Project Manager •i• 25F-15 Ill 1' Proposal _ _ Commercial/Industrial Inspection and Database Management Consultant Services Table of Contents 1.0 Contract Agreement Statement................................................................................................ 3 2.0 Firm and Team Experience........................................................................................................ 3 2.1 Wood Firm Profile and Financial Condition.................................................................................3 2.2 Firm Experience for Services Requested.......................................................................................3 2.3 Team Experience for Requested Services......................................................................................4 3.0 Understanding of Need............................................................................................................. 9 3.1 Outline of Tasks................................................................................................................................9 3.2 Anticipated Approach....................................................................................................................10 3.3 Tasks Necessary for Successful Completion...............................................................................10 3.4 Deliverables.....................................................................................................................................10 3.5 Areas of Concern............................................................................................................................10 3.6 Program Suggestions.....................................................................................................................11 3.7 Assumptions/Exclusions................................................................................................................11 4.0 Relevant Project Experience.................................................................................................... 11 4.1 NPDES Compliance Inspections, City of Santa Ana, CA............................................................11 4.2 Phase I MS4 NPDES Program, City of Anaheim, CA..................................................................12 4.3 City of San Juan Capistrano, CA...................................................................................................12 4.4 Other Relevant Experience............................................................................................................13 5.0 References.................................................................................................................................13 6.0 Work Approach........................................................................................................................ 13 6.1 Subtask No. 1: Facility Database Maintenance and Management..........................................14 6.2 Subtask No. 2: Facility Inspections and Issue Enforcement Notification...............................15 6.3 Subtask No. 3: Additional Program Assistance as Requested..................................................16 6.3.1 Special Inspections and Studies....................................................................................16 6.3.2 Local Implementation Plan Updates............................................................................. 16 6.3.3 Statewide Trash Provisions............................................................................................ 17 6.3.4 TMDL Compliance.......................................................................................................... 17 6.3.4 Water Quality Complaints............................................................................................. 17 6.4 Schedule...........................................................................................................................................18 Fee Proposal..........................................................................................................Separate Cover Tables Table 1 - Other Relevant Projects Table 2 — Schedule Appendices Appendix A — Key Resumes Appendix B - Certifications Proposal No, 18PROPGOVT.01301 March 2018 Page. 2. of 18 wood. Commercial/Industrial Inspection and Database Management Consultant Services Statement of Qualifications 1.0 Contract Agreement Statement We are not proposing any technical or contractual deviations from the requirements in the Request for Proposal (RFP). 2.0 Firm and Team Experience 2.1 Wood Firm Profile and Financial Condition Wood is a global leader in the delivery of project, engineering and technical services to energy and industrial markets. We operate in more than 60 countries, employing around 55,000 people, with revenues of around $10 billion. We have technical expertise to perform the scope of work, and a qualified professional team of over 750 statewide staff with more than 70 dedicated storm water professionals located in Southern California. We have provided more than $65 million in storm water compliance, engineering, and design services in California over the past five years alone. Wood has the financial capacity to fully perform the required services, including provision of equipment and .personnel expenses over the 90-day period. www.woodplc.com Wood is a full service environmental consulting firm with staff that specialize in National Pollutant Discharge Elimination System (NPDES) and Total Maximum Daily Load (TMDL) compliance, storm water engineering, civil engineering design, construction administration and assistance, environmental site assessments, surface and groundwater hydrology, monitoring, and water infrastructure engineering. We are able to provide global support while simultaneously providing more one-on-one assistance to clients such as the City of Santa Ana. Our firm and project team experience are described in detail below. 2.2 Firm Experience for Services Requested Wood has extensive experience with the services requested by the City of Santa Ana (City) for this project and we have successfully completed similar services for the City since late 2004. Over the past 15 years, Wood's project team has provided NPDES compliance services to a variety of clients within Orange County, including several municipalities and industrial facilities. Our southern California NPDES clients have included the cities of Anaheim, Santa Ana, Costa Mesa, San Juan Capistrano, Laguna Niguel, Laguna Beach, Dana Point, Newport Beach, San Clemente, San Diego, the County of San Diego, County of Los Angeles, and the California Department of Transportation (Caltrans). Our experience with these clients has included compliance inspections, database management, illegal discharge and illicit connection (ID/IC) investigations, dry weather discharge investigations, training, writing Local Implementation Plan updates, and assistance with Program Effectiveness Assessments (PEAS) annual reporting. Since 2003, Wood's proposed team has completed more than 10,000 inspections at industrial and commercial facilities in accordance with the County of Orange Phase I Municipal Separate Storm Sewer System NPDES (Municipal Separate Storm Sewer System [MS4] Permit) and the County of Orange Drainage Area Management Plan (DAMP). These inspections included verifying business information, reviewing operations and potential pollutant sources, evaluating Best Management Practices (BMPs), providing educational materials, answering programmatic questions from businesses, taking photographs, documenting inspection findings in a web -based application, and issuing enforcement actions including warning citations and monetary penalties. Wood's services have also included supporting cities (including Santa Ana) and industrial 25F-17 wood iu'll f Proposal Commercial/Industrial Inspection and Database Management Consultant Services dischargers in audits performed by US Environmental Protection Agency (US EPA) and Regional Water Quality Control Board (RWQCB). Our project manager and one of our Senior NPDES Inspectors performed inspections on behalf of the cities during these audits and the audit findings noted our professional and thorough evaluations that are conducted at these facilities. Our success providing NPDES inspection services to cities in Orange County is built around our extensive training program and number of staff available to perform inspections immediately. Our training program goes beyond the requirements in Orange County's Core Competencies for Commercial, Industrial, and Municipal Inspectors. Before new inspectors perform solo inspections, more than 40 hours of joint inspections are performed with senior staff including classroom trainings and key background documents review. Staff managing the Industrial and Commercial inspection program are Industrial General Permit (IGP) Trainers of Record (ToR) and Qualified Industrial Storm Water Practitioners (QISP). Several of our NPDES Inspectors also have the QISP certification. 2.3 Team Experience for Requested Services This section highlights the capabilities of the proposed project team and includes the organization chart for the project team and delineates responsibilities and reporting relationships of the team. Citj of Santa Ana Public Works Agency Principal -in -Charge Y an Schaedler, PE Project Manager e to Smith, CPESC, SPfQSD, ToR, QISP Management Commercial/ As -Needed Program Assistance Industrial Inspection Program Management Support Database Managers at Lowther, ToR, QISP, ed Von3itner, PhD WRobEBuser PESC,ti, PhD, PE, QISP NPDES Compliance PhD, PE, QISP n Shiang Azizian, PhD LIP Updates W nClapper ther, ToR, QISP, SC, QSD f e visionlapper PhD, PE, QISP Gassman i` Special inspections and Studies Fhm ther, ToR, QISP, SC, QSD hi; PhD, PE, QISP .Azizian, PhD r TMDL Compliance acen Clapper n Cfiristoph, CPSWQ 6 a 25F-18 wood. + r Proposal Commercial/Industrial Inspection and Database Management Consultant Services Detailed resumes for our project manager and assistant project manager are provided in Appendix A of this proposal. Additional resumes beyond our project manager and assistant project manager are available upon request. Key personnel will be available to the extent proposed for the duration of the project and no key team members will be removed or replaced without prior agreement by the City. Information on our proposed team is provided below. Nathan Schaedler — Principal in Charge; As Needed Program Assistance Mr. Schaedler has managed and provided oversight for a team of 40 engineers, scientists, and technicians involved in implementing a variety of NPDES compliance, storm water, and urban runoff -related projects California for the past 25 years. He has more than a decade of experience in managing and implementing potable water, storm water, and wastewater projects. He has been responsible for managing environmental and water -related projects for state transportation, military, private, and municipal agencies throughout California. Mr. Schaedler's:storm water experience includes treatment design, operation, and maintenance; erosion control; permitting; pollution prevention plan development; illicit connection studies; GIS development, regulatory compliance; and monitoring. He has managed large-scale storm water and wastewater monitoring and management programs for private, city, county, and federal agencies, including evaluating the of effectiveness of Best Management Practices (BMPs), developing storm water discharge management plans, NPDES permitting, and preparing storm water annual reports. Education: BS, Civil Engineering, Cornell University Registrations. Professional Civil Engineer, CA #57618 Percentage of time devoted to project. As Needed Brent Smith, TOR, QISP, CPESC, QSD/QSP — Project Manager Mr. Smith will be the project manager for this project. Mr. Smith has 18 years of experience providing environmental compliance consulting. Mr. Smith has managed numerous projects in Orange County and throughout southern California involving municipal NPDES permit compliance and inspections of industrial/commercial sites. He has successfully managed the work described in the RFP for Santa Ana, Anaheim, and Costa Mesa. He understands the regulatory framework in Orange County and has conducted several Core Competencies workshops. Mr. Smith is a IGP ToR and QISP and has been actively involved in the development of municipal and IGP related training programs. Mr. Smith has extensive experience with BMP effectiveness evaluations; BMP recommendations and compliance strategies; flow measurement and sampling system design; sampling and analysis; data review; NPDES permit compliance; TMDL support; grant funding support; program development; trash provisions support; and development of training programs. Mr. Smith is currentlythe project manager for compliance programs for several large municipalities in Orange County and storm water programs for large industrial facilities such as John Wayne Airport. Education: BS, Environmental Science, University of California, Santa Barbara Registrations: IGP ToR, 2015; QISP, Reg. No. 115, 2015; QSD/P for SWRCB Region 8, Scrap Metal Recycling, SM-QSD-005, 2012, QSD/QSP, CASQA Reg. No. 1105, 2011; Certified Professional in Erosion and Sediment Control (CPESC), Reg No. 5585 Percentage of time devoted to project: 10% Core Competencies Training: Provides training/workshops for municipal, commercial, industrial, and construction inspectors. 25F-19 wood. Commercial/Industrial Inspection and Database Management Consultant Services Ted Von Bitner, PhD — Assistant Project Manager Dr. Von Bitner has more than 15 years of experience in environmental science and program management of water quality related compliance programs for various city and county level government agencies. Dr. Von Bitner will be an assistant project manager and will be available when the project manager is not available. Dr. Von Bitner will also serve as the task manager for many of the as needed support tasks including trash provisions and TMDL support tasks. Dr. Von Bitner specializes in MS4 program implementation. His experience includes helping a number of southern California municipal agencies to complete program evaluations to translate technical findings into management level decision information. Dr. Von Bitner has helped city and county agencies to conduct in-depth program re-evaluations to identify regional water quality priorities, reorganize and reprioritize agency resources to improve program effectiveness, and provide technical consulting services to extract management level information from compliance based programs to develop strategic watershed BMPs. Education: Ph.D., Inorganic Chemistry, University of California, Los Angeles, 2001; B.S., Chemical Physics, University of California, San Diego, 1995 Percentage of time devoted to project: 10% Michael Lowther, ToR, QISP, CPESC, QSD — Task Lead Commercial/Industrial Inspection Program; Special Inspections and Studies; LIP Updates Mr. Lowther will serve as the task manager for the industrial/commercial inspection program. Mr. Lowther has 15 years of professional experience with extensive experience with industrial and municipal NPDES permitting requirements including Orange County's MS4 Permit. He has worked with the City of Santa Ana since 2004 and is intimately familiar with the City's expectations and requirements for this contract. Mr. Lowther has also worked with numerous other Orange County Cities including Anaheim and Costa Mesa. Mr. Lowther responsibilities as task manager include overseeing the field training program and documenting that each inspector has met the core competencies training program before the inspector performs solo inspections. Mr. Lowther also reviews each inspection record as part of our quality control/quality assurance program. Mr. Lowther is a IGP ToR and QISP and has assisted numerous dischargers with compliance under the IGP. Mr. Lowther has experience evaluating and developing storm water management programs and providing annual training seminars to comply with the IGP. He has written and evaluated Storm Water Pollution Prevention Plans (SWPPPs) for a variety of industrial facilities that include sulphur processing, clay mining, oil field drilling, aerospace manufacturing, automotive dismantling, scrap metal/paper/plastic processing, chemical manufacturers, wineries, paint manufacturers, airports, schools bus maintenance shops, marinas and boatyards. Mr. Lowther also has extensive experience performing treatment control verifications and operation and maintenance (O&M) inspections under the land development program. Education: BS, Environmental Eng., California Polytechnic State University, San Luis Obispo Registrations: IGP ToR, 2016; QISP, Reg. No. 159, 2016; QSD/P for SWRCB Region 8, Scrap Metal Recycling, SM-QSD-005, 2012, CPESC, Reg No. 6187, 2011 Percentage of time devoted to project: 25% Core Competencies Training: Provides training/workshops for municipal, commercial, and industrial inspectors. Proposal No. 18PROPGOVT.01301 March 2018 Paqe 6 of,18 Commercial/Industrial Inspection and Database Management Consultant Services Robert Buser — Database Manager Mr. Buser will be the database manager responsible for verifying the technical quality of existing web applications and database, providing design and review of new web applications, and will assist with the inventory updates. Mr. Buser has developed and maintained several web applications including the City's industrial/commercial web application and database. Mr. Buser has also built reports that are used for the PEA and Quarterly Report. Education: B.S., Computer Science, California State University San Jose, 2015 Percentage of time devoted to project: 5% Ellen Smith - NPDES Compliance Inspector Ms. Smith brings 19 years of expertise in the environmental and petroleum industries. Ms. Smith has completed over one thousand industrial/commercial inspections on behalf of various cities and has completed the core competencies training program. Her environmental work has involved site characterization and remediation, environmental site assessment and compliance, and storm water inspection, sampling, and BMP assessments. Education: B.A., Geology, Occidental College, 1981 Percentage of time devoted to project: 30% Core Competencies Training: Documentation available meeting requirements as a municipal, commercial, and industrial inspector. Sepideh Sarachi, PhD, PE, QISP — Database Manager, NPDES Compliance Inspector; Special Inspections and Studies, Trash Provisions Ms. Sarachi has experience in water resources and storm water management, drainage engineering and design development, water quality resources, water quality modelling, environmental permitting and municipal, commercial and industrial compliance. Under the last contact period, Ms. Sarachi completed the industrial/commercial inventory updates, completed hundreds of inspections as an NPDES Compliance Inspector, assisted with GIS updates for the trash provisions, and assisted with a TMDL support project. Ms. Sarachi is a QISP and has prepared SWPPPs on behalf of industrial clients with coverage under the IGP. Ms. Sarachi has extensive knowledge of the significant redevelopment program and has reviewed WQMPs of behalf of several cities and clients such as John Wayne Airport. Ms. Sarachi has also completed the core competencies training program. Education: PhD., Civil and Environmental Engineering, University of California, Irvine, 2015; B.S., Civil and Environmental Engineering, University of Technology, Tehran, Iran,2009 Registrations: Professional Engineer, CA No. C88583, 2017, QISP, CA No. 00424, 2016 Percentage of time devoted to project: 10% Core Competencies Training: Documentation available meeting requirements as a municipal, commercial, and industrial inspector. Kim Henry, QISP - NPDES Compliance Inspector Ms. Henry has experience assisting many clients comply with NPDES regulations and permitting including MS4 and industrial permits. Ms. Henry has completed hundreds of industrial/commercial inspections and has completed the core competencies training program. Ms. Henry's responsibilities have included evaluating pollutant sources at industrial facilities, IGP SWPPP preparation, site inspections, evaluation and recommendation of BMPs, review of mandatory minimum BMPs and documentation of in lieu BMPs under 0 ' 25F-21 wood 0Proposal Commercial/Industrial Inspection and Database Management Consultant Services the IGP, BMP site inspections, MS4 site inspections, O&M structural treatment control inspections under the MS4 permits, and as needed compliance assistance. Education: M.S., Environmental Hydrogeology, California State University, Los Angeles, 2014; B.S., Environmental Science, University of California, Santa Barbara, 2012 Percentage of time devoted to project: As Needed Core Competencies Training: Documentation available meeting requirements as a municipal, commercial, and industrial inspector. Bryan Shiang - NPDES Compliance Inspector Mr. Shiang was recently trained to perform industrial and commercial inspections and has completed his Core Competencies training. Mr. Shiang will be completing inspections during the 2017/2018 fiscal year for multiple Cities including the Santa Ana, San Juan Capistrano, and Costa Mesa. Mr. Shiang has also assisted with trash provisions support completing trash field assessments, data collection, and completing delineations and GIS analysis. Mr. Shiang's experience includes interning at the County of Orange Public Works Department and working on monitoring projects such as the Low Impact Development BMP at the OC Public Works campus. Education: M.A., Urban Planning and Design, California Polytechnic State University, Pomona, Graduating June 2018; B.A., Urban Studies and Planning, University of California, San Diego, 2013 Percentage of time devoted to project: 30% Core Competencies Training: Documentation available meeting requirements as a municipal, commercial, and industrial inspector. Kacen Clapper — TMDL Compliance; Trash Provisions; UP Updates Mr. Clapper provides 18 years of expertise in the environmental field including more than 11 years working on storm water and surface water quality programs for a public agency. His experience includes storm water compliance programs, managing several bacterial TMDL programs, and Geographic Information Systems (GIS) analysis work related to environmental impact assessment, surface water quality, and storm water regulation including the trash provisions. Mr. Clapper also has extensive experience with GIS web and field applications, project management, hazardous materials investigations, environmental response to spills, storm water inspections of industrial and commercial facilities, post -construction BMP inspections, and ID/IC pollution response. Education: M.S., Environmental Studies, University of California, Fullerton, 2001; B.S., Ecology and Evolutionary Biology, University of Connecticut, 1996 Percentage of time devoted to project: As Needed Roshan Christoph, CPSWQ—TMDL Compliance Ms. Christoph has more than 15 years of experience in receiving water characterization and storm water compliance for a variety of municipal and industrial clients. Her experience includes implementing MS4 compliance programs for municipalities throughout southern California and extensive work in developing cost-effective bacteria TMDL compliance and implementation plans. She has coordinated large-scale monitoring efforts requiring multiple team mobilizations and close coordination and quality control of samples and analysis with multiple laboratories. She has organized and facilitated stakeholder workgroups for watershed -based programs, development of regional plans, and review of the MS4 permit. Notable Proposal No 18PROPGOVE01301 Marc h.'2018 Page'8 of`18• Commercial/Industrial Inspection and Database Management Consultant Services projects include design, implementation, and reporting for Bacteria TMDL compliance monitoring in five watersheds, and she assisted in the development of Watershed Management Plans for six major watersheds in San Diego County. Education: B.A., Environmental Studies., University of San Diego, 2003 Registrations: Certified Professional Storm Water Quality, Reg. No. 724 Percentage of time devoted to project: As Needed Morvarid Azizian, PhD, EIT — Special Inspections and Studies Ms. Azizian was recently hired by Wood. She has her Ph.D in chemical engineering with an emphasis on Environmental Engineering and Water Quality. Her professional experience includes postdoctoral research at University of California, Irvine and was a visiting scientist at Southern California Coastal Water Research. Project (SCCWRP). Ms. Azizian will assist with TMDL support and special studies. Education: PhD., Chemical Engineering, University of California, Irvine, 2017; M.Sc., Chemical Engineering, University of Tehran, Iran, 2011; B.Sc., Chemical Engineering, Azad University, Tehran, Iran, 2009 Registrations: EIT, No. 160948 Percentage of time devoted to project: As Needed As demonstrated above, our project team has more than sufficient resources to meet the City inspection requirements due to the number of trained NPDES compliance inspectors and additional staff that may be required to assist the City on request. This is demonstrated further in our schedule provided in Section 6.4. 3.0 Understanding of Need Wood has included an outline which demonstrates the firm's understanding of the work. The outline includes the anticipated approach, tasks necessary for successful completion, and deliverables. These tasks are described further below as well as in the Scope of Services and Schedule. Suggestions or special concerns the City should be made aware of is also included below. 3.1 Outline of Tasks 1. Project kick-off and safety/annual training specific to City inspection program (Subtask 1) 2. Inventory update (Subtask 1) 3. Update announcement letters (Subtask 2) 4. Send announcement letters (Subtask 2) S. Inspections and population of database records using web -based application (Subtask 2) 6. Issuance of enforcement as needed (Subtask 2) 7. Senior review of forms (Subtask 2) 8. Mail completed inspections forms (Subtask 2) 9. Prepare and submit draft quarterly report deliverable (Subtask 1) 10. Prepare and submit final quarterly report to the City via email (Subtask 1) 11. Perform quarterly inventory update (Subtask 1) 12. Prepare Chapter 9 PEA Excel Tables and Microsoft Word Report (Subtask 1) 13. Perform additional program assistance as needed (Subtask 3) Proposal No, 18PROPGOVT.01301 March 2019 Page.9 of',18. wood. — ,'➢liq� k Proposal Commercial/Industrial Inspection and Database Management Consultant Services 3.2 Anticipated Approach Our anticipated approach is described in additional detail in Section 6. In general, our approach is to combine professional trained staff with technology to optimize our efficiency during inspections and to provide a superior work product. The City's web -based application was developed by Wood to improve inspection efficiencies in file and image management, quality assurance, data editing, data analysis, reporting, and provides the City with real-time access to inspection results. The inspection staff will be equipped with iPads for the mobile component of the data collection process. Our inspection staff is already trained and can begin work immediately. 3.3 Tasks Necessary for Successful Completion Based on our experience, staff availability is one of the critical tasks necessary for successfully completing this project. We have a proven track record of effectively working with City staff, meeting compliance deadlines, or responding quickly to questions. Many City staff also have our project team's cell phone numbers and routinely contact us to schedule appointments or meetings, or request information. Wood completed the tasks listed above successfully for the last fourteen years and met all compliance deadlines for the industrial/commercial inspection program. Our staff are extremely knowledgeable on the MS4 permit requirements and compliance deadlines including inspecting facilities within the correct timeframes such as completing 30-day or 6-month follow-ups. By selecting Wood for this project, the City can rely on our professional staff to complete the work and provide the superiorwork product that no other firm can provide. 3.4 Deliverables Many of the tasks described above will have specific deliverables such as the PEA Chapter 9 Microsoft Excel tables and Microsoft Word reports or quarterly reporting requirements. The As -Needed task may have other deliverables such as memorandums, meeting minutes, e-mails, PowerPoint presentations, photo albums, spreadsheets, or databases. We have a consistent track record of providing high quality deliverables, within the allocated budget and schedule to the City, as well as our other industrial and municipal clients, in Orange County and throughout the state. 3.5 Areas of Concern Through years of experience performing inspections at industrial and commercial sites, we have experience dealing with situations such as hostile business representatives and safety issues at industrial and commercial sites. Safety of the business representatives, City staff, and our inspectors is the most critical area of concern. Our inspectors are familiar with typical safety hazards associated with field inspections at various industrial and commercial operations. When a serious hazard is present that prevents safe completion of a site inspection, the inspection will be stopped immediately and the City will be notified. Our field staff are 40- hour HAZWOPER certified and are familiar with the general safety precautions including the proper use of personal protective equipment (PPE), safe driving techniques, and traffic control. Prior to inspections, Wood staff will discuss with the business representatives about site -specific safety requirements. At a minimum, field personnel will adhere to the safety requirements prescribed by the individual facilities being inspected. Wood also has a project health and safety plan that is located within each inspector's tool box. The health and safety plan includes notification requirements in the event an incident occurs, critical information such as emergency room locations nearby, and required safety measures. Proposal No,18PROPGOW.01301 March 2018 •..' 0 . ®�' 25F-24 wood. �� f Proposal :_'�_� Commercial/Industrial Inspection and Database Management Consultant Services 3.6 Program Suggestions Wood is always looking for ways to improve our inspection programs. During the last contract period, Wood suggested modifying the City's Microsoft Access Database to a web -based application. The web -based application resulted in significant cost savings for the City where funds were reallocated to other projects. The web -based application should continue to provide significant cost -savings during the next contract term. As a program suggestion, this web application could be used for other programs such as the ID/IC, BMP verification and O&M inspections, construction inspections, and trash provisions related work. Over the last 17 years with working on NPDES inspection programs, we have observed a large discrepancy between NPDES inspectors. This is typically due to lack of training and employee turnover for other firms or City staff. Our senior inspection staff have years of experience and we have developed an extensive training program for new inspectors to avoid this common pitfall. This training program provides a tremendous added value by establishing consistency among inspection staff and improves the quality of the work. We have provided this training to Cities interested in having their own staff perform inspections and use this training program for Wood staff. Training programs are critical for a successful program and provide the necessary documentation in the event of a program audit. Selecting Wood for this contract will provide the consistency, program support, and overall cost savings for the City. 3.7 Assumptions/Exclusions Because of Wood's resources available, we do not plan to have subcontractors assist with this inspection program. We also assume that this contract is not split between two consulting firms. We believe that one firm performing these inspections increases efficiencies and cost savings over the life cycle of the contract. In addition, our extensive training program provides strong consistency between inspection staff including documentation requirements. Subcontractors or other consulting firms may not meet Wood's Quality Assurance/Quality Control (QA/QC) programs that may result in additional effort. Wood included a laboratory as a subcontractor should water quality testing be required under the as needed task. 4.0 Relevant Project Experience 4.1 NPDES Compliance Inspections, City of Santa Ana, CA Requested Information: Year Completed: Ongoing; Client Name: City of Santa Ana; ,Contact: Tyrone Chesanek (714).647-5045 Wood assisted the City with implementation of several aspects of their Phase I MS4 NPDES permit inspection program for the past fourteen years. Wood has performed thousands of inspections of industrial/commercial facilities and assisted Santa Ana in developing a web -based application to track inspection results. Inspections involve evaluation of BMPs and distribution of educational materials. Wood performed re -inspections for facilities that were found to be non -compliant and issued enforcement as appropriate. Wood provides status reports on a routine basis. Inspections were performed in accordance with the City's LIP, local water quality ordinances, and Phase I MS4 Permit issued by the Santa Ana RWQCB. In addition, Wood has assisted with ID/IC complaints and PEA support. Wood has developed and provided several trainings to staff on topics including NPDES permit compliance, 25F-25 wood a O 1� PYY'�P'0:'at Commercial/Industrial Inspection and Database Management Consultant Services CGP compliance, and industrial/commercial NPDES inspections. Wood has also assisted the City with developing TMDL compliance strategies, assisted the City with program management, assisted the City with the implementation framework for the trash provisions, and assisted with grant funding support. 4.2 Phase I MS4 NPDES Program, City of Anaheim, CA Requested Information: Year Completed: Ongoing; Client Name: City of Anaheim; Contact: Keith Linker (714) 765-4141 Wood has assisted with the implementation of several aspects of the Phase I MS4 Permit program, including NPDES compliance inspections at fixed -facilities, construction site evaluations, guidance manual and procedure development, source investigation studies, WQMP verification and O&M inspections, PEA support for all chapters, training, trash provision program guidance and program implementation, and grant program support. Wood has developed a variety of procedures and guidance materials for the City's NPDES program. We have inspected hundreds of sites with WQMPs or structural treatment controls, verified structural treatment controls were installed in accordance with the WQMP and grading plan, inspected thousands of industrial and commercial facilities, completed thousands of ID/IC and source investigations, and provided annual trainings to City staff for over the last 10 years. With several of these programs transitioned to the City's Code Enforcement Department, Wood continues to provide programmatic level support including inventory development, on -going training, assistance with cases as needed, and PEA support. Wood has also provided support to the City's other compliance programs such as administering grant requirements for the City for multiple projects including a pilot storm water infiltration project to assess potential impacts of storm water infiltration on groundwater quality and quantity. 4.3 City of San Juan Capistrano, CA Requested Information: Year Completed: Ongoing; Client Name: City of San Juan Capistrano; ,Contact: Dr. Hossein Ajideh, PE (949) 449-1190 Since 2015, Wood has provided professional storm water program support and engineering services for compliance with the Phase I MS4 Permit (Order No. R9-2015-0100). Wood assists the City on a wide range of MS4 permit issues including: commercial — and industrial inspection program; post -construction structural BMP ; inspection program; Review of WQMPs for new development and significant, re -development; working directly with developers and project owners to help - the applicants comply with the City's municipal code and MS4 permit requirements; annual report preparation for the city-wide Jurisdictional Runoff Management Program; managing the Industrial General Permit compliance ,f , program for city owned facilities; public education and outreach program` related to permit compliance or community events such as the annual creek cleanup day; development of an implementation plan for compliance with the Trash Amendments requirements for the Track 2 option; preparing letters of correspondence to business owners, residents, and the RWQCB; review of r -- - Proposal No,18PROPGOV101301 March 2018' Page_12, of 18 ••c! Proposal Commercial/Industrial Inspection and Database Management Consultant Services technical and monitoring -related documents and providing comments on materials prepared by the Orange County Storm Water Program; NPDES and WDR regulatory permit applications for programs covering discharges from the public water supply system, State and Federal laws for equestrian facilities, and onsite waste water treatment systems; and writing updates to the Local Implementation Plan as required by the MS4 permit. 4.4 Other Relevant Experience Table 2 below summarizes projects described above along with some additional Orange County projects related to this RFP. Table 1— Other Relevant Experience VI = C O C Orange County I H o a n. o c Municipal Clients .3 ° u — v, a` CL Requiring Similar w w CL u �C `o = _ Contract Tasks S 0 O w a H vaooaaaaaaa Laguna Niguel Laguna Beach a�00000000� 5.0 References We have included client contact information with our project descriptions above. We encourage you to contact those listed to gain a better understanding of Wood's commitment to quality work and schedule. Scope of Services and Schedule 6.0 Work Approach Our proposed work plan is described in the section below. Our approach is based on years of experience completing this same type of work and developing efficiencies/knowledge needed to meet the MS4 Permit requirement and subsequent deadlines while providing business -friendly support to the City. Proposal No. 18PROPGOVT.01301 March 2018 Page.13 of"18 wood. Pro Commercia[/Industrial Inspection and Database Management Consultant Services 6.1 Subtask No. 1: Facility Database Maintenance and Management Our project team will manage the City's industrial and commercial web -based application and database in accordance with the specific requirements outlined in Orange County's MS4 permit and will meet the additional record protection practices outlined in the 5`h term draft permit. Our team provides a seamless transition for this contract, based on our extensive experience. During the last contract period, Wood designed the web -based application and database, migrated the data from the City's Microsoft Access Database into a web -based application, and managed the database. Wood hosted the database and supplied tablets that are used for the mobile component of the data -collection for no additional charge. Wood will continue to supply the tablets for our field inspection staff and host the database for no additional charge during the next contract period. The City's web -based application and database was designed by Wood and streamlines the inspection process. The application uses drop down menus to minimize writing in the field for efficiency and provides consistency between inspectors. The web -based application also creates photo logs eliminating effort downloading and managing photos and has automated reports including courtesy letters and quarterly reports as required in Permit Section VI - Legal Authority/Enforcement. Simple queries built into the application are also used to obtain the numbers for the PEA. The web -application is available to the City at any time using a desktop computer or laptop using the City's username and password. Wood will perform the annual updates to the inventory and reprioritize the industrial and commercial businesses annually. New industrial businesses will be added when they are discovered and commercial businesses will be added at least quarterly in accordance with the MS4 permit. Through our prior work with the City's business license department and other City business license departments, our project team has developed efficient procedures to complete the City's inventory updates as specified in the County's MS4 Permit Sections IX and X. Wood is familiar with the City's Business Classification Code (BCC) and has processes developed to select which businesses should be included in the inventory. In the event the City switches from the City's BCC, our project team can quickly adapt our procedures to reprioritize the inventory based on Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS) codes. We have procedures for those codes as well. With the extensive experience providing inventory update services to various Cities, we are knowledgeable of the common pitfalls that may occur such as inadvertently adding hundreds of new businesses in the inventory that do not require inspection. Our prioritization procedures include the removal of businesses with duplicate business licenses, businesses with multiple business licenses, home -based businesses, businesses with the incorrect BCC codes, and businesses that should not be included based on our past inspections. Our team also has extensive experience with using other online sources required for the inventory prioritization process including SWRCB's Storm Water Multiple Application and Report Tracking System (SMARTS) and Toxic Release Inventory (TRI). The data tables downloaded from these online sources are compared using unique identification numbers and critical data are imported, as necessary. This task also includes periodic meetings and phone calls to provide the City with updates on inspections, discuss enforcement issues, and to provide program recommendations. Our project team will also provide one annual kickoff meeting to be held at the City office for training documentation purposes. Project management hours for the review and submittal of monthly summary status reports with monthly invoices is also included in this task. Proposal No: 18PROPGOVT.01301 March 2M Page 14 of 18' Proposal Commercial/Industrial Inspection and Database 0 Management Consultant Services 6.2 Subtask No. 2: Facility Inspections and Issue Enforcement Notification Our project team will conduct field inspections of commercial and industrial facilities to assess compliance with local water quality regulations and appropriate BMPs. As identified in the RFP, we have assumed approximately 1,080 inspections per year will be required including follow-up inspections and issuance of enforcement notices. Our staff are thoroughly familiar with the City inspection form, use of the web -based application and database, have gone through our extensive training program before performing solo inspections, and are knowledgeable of the City's procedures for enforcement. Our extensive training program is based on the County's core competencies program for municipal, industrial, and commercial inspectors. Our training program also includes 40-hour HAZWOPER training for safety and 40 hours of field training with a senior NDPDES inspector. Every inspector used on the project will have documentation that they have met Wood's extensive training program requirements based on these core competencies before billing the project for inspection based services under this subtask. Wood also has an extensive QA/QC program, which includes having a senior inspector review each inspection record. The review process is documented in the City's web -based application. We understand the reports generated under this program are public documents and are be delivered to the facility or requested through a public records request. The reports generated through the City database will be complete and reflect conditions observed during the inspection. For the inspection program, our project team proposes on following protocols for announcing our inspections to the industrial and commercial facilities. We propose performing walk-in inspections at facilities covered under the industrial general permit since many of these facilities will recognize our inspectors and are knowledgeable of the City inspection program. Our inspection staff will schedule the inspection with the facility representative in the event they are not available during the walk-in inspection and the inspector will move on to the next facility. For other industrial and commercial facilities, our costs include providing bilingual inspection announcement letters (English/Spanish) to notify businesses of the upcoming inspection. Once alerted, we will complete the inspections within a month. This approach is business -friendly, providing the business an opportunity to schedule the inspection. Our inspection team also uses the letter for our introductory discussion to obtain access to the facility. Wood staff will also have business cards available and our inspectors are dressed in business casual attire to serve as representatives of the City. To facilitate efficiency and reduce travel time between inspections, inspectors will group daily inspections by geographic location. Typically, the groupings will be based on zip code. For major streets, we separate our inspections by odd and even street numbers. In addition to travel efficiencies, our inspectors are proficient at explaining the inspection program to obtain access. The initial discussion can result in a good or bad impression with these facilities, sometimes resulting in additional time explaining the program. Our training program works with the inspectors on how to make a good impression and to clearly explain the inspection program. This training program reduces the chances a facility denies access or contacts the City to ask questions about the inspector. Our inspectors are also equipped with a field inspector "tool box' that includes appropriate BMP fact sheets to provide to businesses and an iPad to complete the mobile component of data collection. BMP information includes BMP handouts and pamphlets, BMP guidance materials, and fact sheets such as the IGP coverage and No Exposure Certification Fact Sheet. The iPads are used to record the information during the inspection. Inspectors complete most of the form during the site walk or immediately after the site walk. Before going a 0 a 25F-29 wood. Commercial/Industrial Inspection and Database Management Consultant Services to the next facility, the form is submitted using the web -based application and the record is updated in our database for real-time access by the City. Each inspector has a chance to QAQC their work prior to submittal and final review by our senior inspector. After the record is reviewed and finalized, the form is printed by our administrative staff and mailed. During the inspection program, there will be cases of unauthorized discharges observed during the inspection and evidence of poor BMP implementation. Our inspectors will act on the City's behalf to help manage the response to these cases. Our inspectors have pH paper and administrative citation pad to issue enforcement actions. As specified in the RFP, we have assumed there will be approximately 180 cases per year to track and provide follow-up inspections. We have assumed that we will provide a notification via email within 24 hours for discharge cases that do not pose a threat to human health or environment. The City will be notified immediately for cases that may pose a threat. Our project team will track the follow-up status and enforcement on these cases until they are properly documented and the case is closed. Wood will provide the issued administration citations to the City or notification that an administrative citation was issued within 24 hours of issuance. Our project team has successfully worked with the City under the last contract to develop an enforcement process that is effective and streamlined. 6.3 Subtask No. 3: Additional Program Assistance as Requested We understand that the City may require additional technical and regulatory assistance related to other aspects of the NPDES program. This may include special inspections and studies, updating the City's Local Implementation Plan (LIP), Statewide Trash Provisions compliance, TMDL compliance, storm water and non - storm water sample collection and analysis, and other tasks related to improving and enhancing the City's NPDES program. We have provided similar services to numerous municipal and industrial clients in southern California including the City. Wood has assisted several municipalities with technical and regulatory assistance. We are confident in our ability to provide expertise in each of the areas described further below and address any other compliance area of concern for the City. 6.3.1 Special Inspections and Studies Our project team has a thorough understanding of Orange County's MS4 permit, the County's DAMP, City's LIP, local water quality ordinances, and other NPDES permit requirements. Under the last contract term, Wood performed several special inspections such as HCA food facility inspections, O&M inspections, and Fixed -Facility inspections on behalf of the City. We are confident that we have staff available to meet any of the City's compliance inspection needs using the appropriately trained staff. Our staff can design and implement various special studies to assess BMP effectiveness. Additional information on studies are included in the TMDL Compliance subtask. 6.3.2 Local Implementation Plan Updates Wood has extensive experience updating City LIPS for several Orange County Cities. Our in-depth knowledge of the County's MS4 Permit, along with our understanding of the City of Santa Ana's departmental structure and responsibilities provide the experience and insight necessary to perform an effective and efficient update of the City's LIP. Wood also started the update process for several sections of the LIP, but reallocated effort to assist the City with other compliance tasks including the trash provisions, TMDL support, and project management. Wood can complete the LIP update task upon City approval. Proposal No: 18PROPGOVT.01301 March 2018 Pace '16',of'18 • • Commercial/Industrial Inspection and Database Management Consultant Services 6.3.3 Statewide Trash Provisions Wood can continue to provide cost-effective solutions and assist the City with understanding the compliance pathways for the trash provisions. Wood's staff has led many of Orange County's subcommittee meetings, Ad Hoc Meetings, and Technical Advisory Committee meetings. We have presented at several workshops. We understand the potential resource challenges that the Trash Provisions are creating for City resources and can offer our services to the City to identify and realize potential cost-effective pathways to compliance. Our extensive experience working in the City means we are familiar with the landscape and understand the existing trash controls and how to translate these existing resources into a cost-effective compliance pathway. 6.3.4 TMDL Compliance Wood is routinely involved with several stakeholder -led groups to further the science of TMDL development in southern California receiving waters. We have worked on TMDLs for a variety of pollutants including metals, bacteria, nutrients, salts, sediment, dissolved oxygen, pesticides, and pathogens. Our experience encompasses numerous aspects of TMDL implementation including watershed planning, special studies, and coordination with stakeholders involved in third -party TMDL development. We have experience with a variety of TMDL approaches including development of water effect ratios (WER) and load modeling for metals TMDL; source assessment studies, and land use runoff monitoring projects to support long-term modeling of pollutant loading. Under the last contract period, Wood developed recommendations on strategies for the City to implement for the Newport Bay TMDL program. With the work performed and expertise on the TMDL compliance issues, Wood provides extensive resources available to the City to meet the City's long-term goals of having more control over the programmatic direction of the TMDL programs. 6.3.5 Water Quality Complaints We understand that this project may also involve responding to and investigating water quality complaints and reports related to the City's ID/IC program. Our project team has performed thousands of water quality investigations for the cities of Anaheim, Costa Mesa, and Santa Ana. We have worked closely with various city departments during many of these investigations. We understand the importance of having personnel readily available to respond to water quality complaints within one hour or less and have set up a redundant system with multiple authorized inspectors to provide the City support when needed. Each of our inspection staff members is equipped with cell phones to allow for prompt responses to emails and telephone calls from the City. We anticipate that our authorized inspectors will have open lines of communication with the City during the investigations. Following each ID/IC investigation, we will provide a detailed email summary with photographs and recommendations to the City within one business day of the incident. a 25F-31 wood. '� Proposal Commercial/Industrial Inspection and Database 7fL11 { -- Management Consultant Services 6.4 Schedule Table 2 — Task Specific Schedules Tasks/Ariticipated Approach Start Date End Date Business Days Personnel Involved (Notes) Available update 1-Sep 15-Sep 10 Sepideh Sarachi, Robert Buser Kick-off Meeting 1-Oct 1-Oct --1 City representatives & Wood team Update announcement letters 1-Oct 1-Oct Mike Lowther & Wood administrative staff Send announcement letters in Mike Lowther & Wood administrative staff batches 1-Oct 15-Apr 141 (Letters will be sent in batches between the period specified) Inspections/re-inspections are NPDES inspectors (2-3 inspectors typically performed (assumes 1,080 15-Oct 30-Jun 185 complete inspections with 2 backup inspections/year) inspectors available. We have sufficient staff to complete the 6 per day required) Enforcement NPDES inspector involved, Mike Lowther discussions/phone calls 1-Oct 30-Jun 195 and/or Brent Smith Senior review of forms 1-Oct 30-Jun -- Brent Smith & Mike Lowther (Forms are reviewed within five business days) Wood administrative staff, Mike Lowther Mail completed inspection (Approved forms are mailed within 2 weeks forms 1-Oct 30-Jun of inspection. Forms are mailed earlier if a follow-up inspection is required) Prepare/submit draft quarterly 1-Oct 1-Jan 6-Jan 4-Apr Brent Smith & Mike Lowther (assumes report to City 1-Apr 6-July _ deliverable is provided 3 to 4 days before 1-Jul 3-Oct due date to allow City to review) 6-Jan 6-Jan Sepideh Sarachi & Robert Buser (This task Update commercial inventory 4-Apr 4-Apr does not re -prioritize the inventory or 6-July 6-July officially add businesses to the inventory for 3-Oct 3-Oct I compliance reasons) Prepare PEA Draft County Brent Smith & Mike Lowther (draft submittal Excel tables and Chapter 9 1-July 31_ will be completed well before the deadline; Report Aug task performed around July or August) Prepare PEA Final Report (Chapter 9) 15-Sep 15-Sep Mike Lowther As Needed Task TBD - Based on task assigned 1. -- = Not Applicable Proposal No 18PROPGOV E01301 March 2018 Page 118 6f'18 • • • Appendix A Key Resumes wood. 25F-33 wood. Brent A. Smith, CPESC, QSP/QSD, TOR, QISP Senior Associate Scientist - Environmental Professional summary Mr. Smith has 18 years of experience providing environmental compliance consulting for a wide variety of projects and clients. Mr. Smith has assisted clients comply with NPDES regulations and permitting including municipal storm separate sewer system (MS4), industrial, construction, and de minimis permits. Mr. Smith has extensive experience with BMP effectiveness evaluations; BMP recommendations and compliance strategies; flow measurement and sampling system design; sampling and analysis; data review, NPDES permit compliance; TMDL support; grant funding support; program development; and development of training programs. Mr. Smith has provided litigation support for several clients and assisted many facilities with other compliance programs/tasks such as Spill Prevention Control and Countermeasure (SPCC) Plans, Facility Response Plan (FRP), and Hazardous Materials Business Emergency Plans (HMBEP); and industrial wastewater permitting. Mr. Smith is currently the project manager for compliance programs for several large municipalities in Orange County and storm water programs for large industrial facilities such as John Wayne Airport. Professional qualifications/registration(s) Qualified SWPPP Developer / SWPPP Practitioner (QSD/QSP), CASQA (Reg. No. 01105), 2011 Certified Professional in Erosion and Sediment Control, (Reg. No. 5585) Industrial General Permit Trainer of Record, 2015 Qualified Industrial Storm Water Practitioner (Reg. No. 115), 2015 Qualified Storm Water Pollution Prevention Plan Developer for the Scrap Metal Permit, Order No. R8- 2012-0012, Certificate #SMQSD-005 Education B.S., Environmental Science, University of California, Santa Barbara, 1999 Representative projects Municipal NPDES Program, Santa Ana, CA Project manager for the City's NPDES compliance program with Wood. Assisted the City of Santa Ana with implementation of several aspects of their Phase I MS4 permit including the development and implementation of an industrial and commercial NPDES inspection program which includes inspections at approximately one thousand industrial and commercial facilities per year. Inspections involve evaluation of BMPs, distribution of educational materials to businesses, and issuance of administrative citations and re -inspections for facilities that were found to be non -compliant. Provides status reports to the City on a routine basis. Inspections are performed in accordance with the City of Santa Ana's LIP, local water quality ordinances, and Phase I MS4 Permit issued by the Santa Ana RWQCB. In addition, assisted the City with response, investigation and documentation of illegal discharge and illicit connection complaints. Provided the City of Santa Ana with annual report assistance; assisted with regulatory audits from both US EPA and Santa Ana RWQCB; has developed and provided several trainings to staff on topics including NPDES permit compliance, Construction General Permit compliance, and industrial/commercial NPDES inspections; assisted with grant funding requirements; 18PROPGOVT.0130 woodptc.com Page i of 2 25F-34 Brent A. Smith, CPESC, QSP/QSD, ToR, QISP Continued... supported a TMDL support; reviewed compliance documents such as SWPPPs and QAPPs on the behalf of the City; and assisted the City with trash provision support. Municipal NPDES Program, Anaheim, CA Project manager for the City's NPDES compliance programs with Wood. Assisted with the development and implementation of a comprehensive NPDES compliance inspection program for the Existing Development, Construction, and Significant Re -Development Programs. The Existing Development inspection program included inspecting thousands of industrial and commercial facilities to assist the City comply with storm water program obligations. The inspections met the requirements of Orange County's Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP). The inspections included documentation of potential sources of non -storm water discharge and evaluation of best management practices in place at each facility. Enforcement actions were pursued if areas of non-compliance were identified during the inspection. In 2009, developed a training program and transitioned this program to the City's Code Enforcement Department. Continued to provide program level support to the City's Code Enforcement staff. For the Construction program, supports the City with inspection records audits for the City's Public Works Construction and Building Department staff, inventory development, developed construction SWPPPs on behalf of the City, assisted the City with as needed support on the State's Storm Water Multiple Application and Report Tracking System (SMARTS), and assists with as needed inspections. For the Significant Redevelopment Program, has assisted with the reviews of Water Quality Management Plans (WQMPs), conducted and supervised field verifications of hundreds of structural treatment controls installed and operation and maintenance (O&M) inspections of post -construction BMPs, and assisted the City during Regional Water Quality Control Board (RWQCB) audits. Structural treatment controls reviewed include infiltration basins, infiltration trenches, vegetative swales, rain gardens, StormTech Chamber Infiltration Systems, Contech CDS Units, Filterra Bioretention Systems, Modular Wetland Systems, permeable pavers, Maxwell Plus Drywells, storm water capture and reuse systems, and proprietary catch basin inserts. Developed training programs for staff to implement the programs listed above. Provides program management for the City's other NPDES compliance programs such as the Trash Provisions and assists with all aspects of City's annual report. NPDES Program Compliance, John Wayne Airport, Orange County, CA Task manager for storm water compliance for John Wayne Airport. Assists airport with regulatory program compliance tasks including the industrial storm water permit, construction program, planning support, MS4 permit compliance, SPCC, HMBEP, wastewater permitting, and emergency response. The storm water task includes assisting with a sampling and analysis program which uses automated samplers during qualifying storm events, evaluating results, performing inspections, providing BMP recommendations, preparing reports, and training airport operations staff and airport tenants. The planning support includes reviewing WQMPs and inspecting post -structural treatment controls. Manages the inspection program for the airport's SPCC compliance program and assists with revisions to the SPCC plan. The SPCC related inspections include checking the foundation, piping, containment system, and response equipment. Provides SPCC training to staff responsible for emergency response and cleanup. Reviews compliance documentation associated with ASTs and underground piping managed by the airports fueling contractor. 18PROPGOVT.0130 woodphcom Page 2 of 2 25F-35 wood. Theodore Von Bitner, PhD Associate Environmental Scientist Professional summary Dr. Von Bitner has 15 years of experience in environmental science and program management of NPDES and TMDL water quality related compliance programs for various city and county level government agencies. Technical expertise includes storm water permit compliance monitoring programs, developing complex environmental studies to support watershed and jurisdictional level strategic planning efforts, and preparing program effectiveness assessment reports for City and County level municipal agencies to support program implementation plans for regulatory permit compliance. Primary professional responsibilities include expanding the technical lines of services, project management of multiple state and local government clients, providing technical advisory services on specific priority issues, and maintaining business continuity of the Orange County office. His experience has also included managing City agency level Jurisdictional Runoff Management Programs, developing and performing regulatory compliance inspection programs, and providing community outreach and education. Education Ph.D., Inorganic Chemistry, University of California, Los Angeles, 2001 B.S., Chemical Physics, University of California, San Diego, 1995 Representative projects Municipal NPDES Program, Santa Ana, CA Assisted the City of Santa Ana develop TMDL compliance strategies, provides trash provisions support, and provides program management assistance as needed. Municipal NPDES Program, San Juan Capistrano, CA Project manager for the City's NPDES compliance program with Wood. Assists in several NPDES compliance tasks with the City including PEA, industrial/commercial inspections, industrial general permit compliance, construction program inspections, and significant redevelopment program. As -Needed Water Quality / Quantity Services, County of San Diego, San Diego, CA Conducted private and municipal TCBMP inspections and verification at municipal facilities and continues to assist the County in the creation and implementation of its Residential Visual Observation Program. As -Needed Storm Water Engineering and Consulting Services for the City of San Diego Storm Water Department, San Diego, CA Assisted with the development of three Water Quality Improvement Plans (WQIPs), including data and literature compilation and technical review, providing support for stakeholders, and assisting with public outreach strategies and materials for three City of San Diego watershed management areas. 18PROPGOVr.0130 woodplc.com Page 1 of 2 25F-36 Theodore Von Bitner, PhD Continued... NPDES Phase I Permit Monitoring Program Management. Orange County Public Works Department, Orange CA Program Manager for Orange County Storm Water Program water quality monitoring programs in response to NPDES Phase I permits issued by the San Diego and Santa Ana Regional Water Quality Control Boards. Program management included supervising and coordinating monitoring activities, administering project budgets, preparing technical assessments of environmental data, developing assessment inventories of significant outfalls, designing and implementing complex environmental studies of storm drain runoff, preparing technical reports, performing sampling activities, and providing support to inter -departmental and local government clients on water quality monitoring issues related to the Phase I storm water permits. TDS Source Characterization Study for Comprehensive Load Reduction Planning, City of Mission Viejo, CA Project Lead for a multi -year multiple watershed based source characterization of total dissolved solids (TDS) to address a Clean Water Act section 303(d) water body impairment and supporting strategic efforts for a Comprehensive Load Reduction Plan. Study objectives included a GIS analysis of watershed attributes, analyzing and developing findings from historic information, reconnaissance and sampling of geologically similar undeveloped catchments, shallow groundwater assessments, watershed reconnaissance studies, hydrologic measurements, and water quality sampling. Findings from this study provided the City of Mission Viejo with multiple management recommendations to address background contributions of TDS within the context of a long-term pollutant load reduction strategic plan. Newport Bay Trash Management Plan, County of Orange, Newport Beach, CA Assisted in the effort to oversee the technical portion of the Newport Bay Trash Management Plan (TMP) being performed and to help coordinate the project with the watershed stakeholders on behalf of the County. The TMP was a federal grant funded project under development by Orange County Public Works on behalf of the Newport Bay watershed stakeholders. The TMP was a multi -year and multi -phase project intended to develop a framework for implementation of the Statewide Trash Policy on a watershed scale, rather than an individual agencyjurisdictional based scale. The project included a comprehensive assessment of existing trash data collection programs, watershed and estuary based structural and institutional controls, development of a GIS based prioritization model, identification and pilot testing of a rapid assessment method, and preparation of the preliminary implementation plan. The next steps in the project will entail refining the GIS based model and identifying key trash generation and capture locations for focusing BMP implementation. Comprehensive Load Reduction Plan Implementation Strategy, San Clemente, CA Assisted in providing technical services for the Prima Descheca watershed Comprehensive Load Reduction Plan. Services included a comprehensive re-evaluation of the historic and contemporary water quality and hydrology datasets to identify BMP implementation opportunities. Consultant services to the City included developing recommendations on potential dry weather load reduction BMPs and modifications to the current wet weather receiving waters monitoring program. 18PROPGOVr.0130 wcodplc.com Page 2 of 2 25F-37 Appendix B Certifications wood 25F-38 ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR COMMERCIAL / INDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES RFP NO.: 18-017 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 71.06) To the CITY OF SANTA ANA DEPARTMENT 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 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, idirectly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of th6 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 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. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification 9nay subject the certifier to criminal prosecution. Signed State of California County of ubJed and swom to (or affirmed) before me on this 2_Z day of Y 202 by tl proved to me on the basis of satisfactory evidence to be the person(s) who appeared before m 4'e_ aA"d..e CVk'U�vrn� ci kn�r� e�LbrLo �' Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Attachment 3 - 1 25F-39 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califol(nia ) County of I l (9^� On Mcah ),3 bef re me, �n I, ( n Date Here Insert Name and Title of t e Officer personally appeared I 1 � (�`� r \C.li� Er h 0 e� . LjA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CECILIA C. LANDY Notary Public - Calilornia z a . San Diego County a a Commission # 2169725 My Comm. Exiiires Nov 22.2020 Place Notary Seal Above I certify under PENALTY OF of the State of California the is true and correct. WITNESS my Signature OPTIONAL Signature JURY under the laws foregoing paragraph seal. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this orm to an unintended document. Description of Attached Do me((��t II .I_ N Title or Type of Docy ent: t�.1�11 (��llftI tY.`l4�Document Date: 1ItWC� 22 ���� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Cl�ipte y Signer($) Signer's Name: _ d� l(le(L6, ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 25F-40 ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR COMMERCIAL / INDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES RFP NO.:18.017 The prospective participant certifies, by signing acid 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 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 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 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 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 falls 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. iT1 Signed and Printed Name: Title Principal Project Manager Date March 30. 2018 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Attachment 3 - 2 25F-41 ATTACHMENT 3-3: NON-DISCRIMINATION BY CONSULTANTS CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR COMMERCIAL! INDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES RFP NO.: 18-017 As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination In employment and including, but not limited to, what is listed in the Non -Discrimination Clause in Exhibit 10-V per: http://www.dot.ca.gov/ho/Loca[Programs4am/forms/chapterl0/10v-2013-05-14.docx and that It agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. The same shall apply and be included in all sub -consultant agreements. WE AGREE SPECIFICALLY: 1. To take affirmative'steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM NAME TITLE OF PERSON SIGNING SIGNATURE AND PRINTED NAM DATE Please include any additional Information available regarding equal opportunity employment programs now in effect within your company. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Attachment 3 - 3 25F-42 EXHIBIT B COMPENSATION Fee Proposal including hourly rates 25F-43 wood. Transmittal Letter To: Tyrone Chesanek From: Brent Smith Date: March 30, 2018 Re. Cost Proposal for Commercial/Industrial Inspection and Database Management Consultant Services, RFP No.: 18-017 Attached, please find the requested Attachment 1, under separate cover from the proposal submitted by Wood Environment & Infrastructure Solutions, Inc. (Wood). Wood's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and Project Fee Schedule as outlined in the Scope of Services is included. 121 Innovation Drive, Suite 200 Wood. • Irvine, CA 92617 (949) 642-0245 Woodplc.com 25F-44 Page 1 of 1 wood. Wood Environment S Infrastructure Solutions, Inc. Standard Hourly Fee Schedule City of Santa Ana LABOR: CLIENT agrees to reimburse Wood Environment & Infrastructure Solutions, Inc. (Wood) for all hours worked by professionals at the following categories and associated hourly labor rates. Charges for expert services will be at the hourly rates shown. However, for depositions and court appearances, CLIENT agrees to reimburse Wood for all hours worked by professionals at the following classifications, but at two times the associated hourly labor rates. There will be a 4-hour minimum per -day charge for depositions and an 8-hour minimum per -day charge for court appearances. CONTRACT ROLE RATEIHOUR Principal (Engineer/Scientist/Project Manager) $240.00 Senior Associate (Engineer/Scientist/Project Manager) $210.00 Associate En ineer/ScientisttPro'ect Manager) $180.00 Senior NPDES Inspector (Includes Senior 1 & 2 $150.00 Engineer/Scientist) NPDES Inspector 2 (Includes Tech Prof 2 &3 Eng./Sci.) $115.00 NPDES Inspector 1 (Includes Tech Prof 1 Eng./Sci.) $110.00 Technician $100.00 Pro'ect Coordinator/Administrator $90.00 ESCALATION: There will be no escalation unless Wood provides supporting back-up documentation for the revised fee schedule changes and the rate increases are agreed to by the City of Santa Ana per the RFP requirements. OTHER DIRECT EXPENSES: CLIENT agrees to reimburse Wood for all other direct expenses incurred as follows: Vehicle Charges $50/day Travel Expenses: Mileage IRS Rate Subcontract Expenses: Supplies or services furnished to Wood in support of project activities by any supplier or firm, except temporary agency or consultant Cost +10% staff charged at above hourly rates Direct Expenses: Other expenses in support of project activities Cost + 10% Unit Pricing: Any unit pricing work such as in-house equipment rental will be Cost quoted separately INVOICES: Invoices will be rendered at least monthly, either as a final or partial billing, and will be payable upon receipt. An additional late payment charge of 1 1/2% per month or the maximum charge allowed by law, whichever is less, will be payable on accounts not paid within 30 days from billing date. Wood 25F-45 Page 1 of 1 ATTACHMENT Table 1 High Medium Low High Medium Low Priority Priority Priority Priority Priority Priority Ra- Year Industrial Industrial Industrial Commercial Commercial Commercial Inspections Total 2018/19 133 56 1 143 217 175 175 180 1,079 Year 2018119 Subtask Total 1.0 Subtask No. I - Commerclal/industrial Facility Database Maintenance and Management $31,660 Personnel/Labor Classifications required for this Subtask: NPDES Inspector lh 80 hours @ $110.00 = S8,800 NPDES Inspector 22 32 hours @ S115.00 = $3,680 Senior NPDES Inspector} 64 hours @ $150.00 = S9,600 Senior Associate Scientist 40 hours @ $210.00 = $8,400 Project Assistant 12 hours @ $90.00 = $1,080 2.0 Subtask No. 2 - Conduct Facility Inspections for Fiscal Year $164,703 201812019 Personnel/Labor Classifications required for this Subtask: NPDES Inspector 1 300 hours @ $110.00 = $33,000 NPDES Inspector 2 620 hours @ $115.00 = S71,300 Senior NPDES Inspector 300 hours @ S150.00 = S45,000 Senior Associate Scientist 16 hours @ S210.00 = $3,360 Project Assistant t00 hours @ $90.00 = $9,000 Postage (Postage Rate) 2,158 letters @ $0.47 = $320 Mileage (IRS Rate) 5,000 Miles @ $0.545 = 52,725 3.0 Subtask No. 3-Additional Program Assistance as Requested' $50,000 Personnel/Labor Classifications required for this Subtask: Principal Engineer 2 hours @ $240.00 = S480 Senior Associate 45 hours @ $210.00 = $9,450 Associate Scientist 150 hours @ $180.00 = $27,000 Senior NPDES Inspector 45 hours @ $150.00 = $6,750 NPDES Inspector 2 12 hours @ $115.00 = $1,380 NPDES Inspector 1 14 hours @ $110.00 = $1,540 Technicktu 20 hours @ $100.00 = $2,000 Project Assistant 12 hours @ $90.00 = $1,080 Postage 102 letters S0.47 = $47.94 Mileage (Billed at IRS Rate) 500 Miles @ S0.545 = S272.50 Total Cost for Fiscal Year 2018/19 $246,265 1. The NPDES Inspector 1 classification includes the following Personnel/Labor Classifications Tech Prof 1. 2. The NPDES Inspector 2 classification includes the following Personnel/Labor Classifications -Tech Prof 2 and 3. 3. The Senior NPDES Inspector classification includes the following Personnel/Labor Classifications - Senior 1 and Senior 2. 4. Pursuant to the Cost Allocations in Request for Proposal we have included S50,000 with an example breakdown for this effort. Attachment 1- 5 2 5 F -46 Table 2 High Medium Low High Medium Low Priority Priority Priority Priority Priority Priority Rs - Year Industrial Industrial Industrial Commercial Commercial Commercial Inspections Total 2019/2020 133 171 143 217 144 89 180 1077 Year 2019/2020 Subtask Total 1.0 Subtask No. 1- Commerclalllndustdal Facility Database Maintenance and Management $31,560 Personnel/Labor Classifications required for this Subtask: NPDES Inspector It 80 hours @ $110.00 = $8,800 NPDES Inspector 22 32 hours @ $115.00 = $3,680 Senior NPDES Inspectors 64 hours @ $150.00 = $9,600 Senior Associate Scientist 40 hours @ $210.00 = $8,400 Project Assistant 12 hours @ $90.00 = $1,080 2.0 Subtask No. 2 - Conduct Facility Inspections for Fiscal Year $164,705 201912020 Personnel/Labor Classifications required for this Subtask: NPDES Inspector 1 300 hours @ $110.00 = $33,000 NPDES Inspector 2 620 hours @ $115.00 = $71,300 Senior NPDES Inspector 300 hours @ $150.00 = $45,000 Senior Associate Scientist 16 hours @ $210.00 = $3,360 Project Assistant 100 hours @ $90.00 = $9,000 Postage (Postage Rate) 2,158 letters @ $0.47 = $320 Mileage (IRS Rate) 5,000 Miles Q $0.545 = S2,725 3.0 Subtask No. 3-AddlUonal Program Aselstance as Requested' $50,000 Personnel/Labor Classifications required for this Subtask: Principal Engineer 2 hours @ $240.00 = $480 Senior Associate 45 hours @ $210.00 = $9,450 Associate Scientist 150 hours @ $180.00 = $27,000 Senior NPDES Inspector 45 hours @ $150.00 = $6,750 NPDES Inspector 2 12 hours @ $115.00 = $1,380 NPDES Inspector 1 14 hours @ $110.00 = $1,540 Technician 20 hours @ $100.00 = $2,000 Project Assistant 12 hours @ $90.00 = $1,080 Postage 102 letters $0.47 = $47.94 Mileage (Billed at IRS Rate) 500 Miles @ $0.545 = $272.50 Total Cost for Fiscal Year 2019/2020 $246,266 1. The NPDES Inspector 1 classification includes the following Personnel/Labor Classifications -Tech Prof 1. 2. The NPDES Inspector 2 classification includes the following Personnel/Labor Classifications -Tech Prof 2 and 3. 3. The Senior NPDES Inspector classification includes the following Personnel/Labor Classifications - Senior 1 and Senior 2. 4. Pursuant to the Cost Allocations in Request for Proposal we have included $50,000 with an exarnple breakdown for this effort. Attachment I - 6 25F-47 ATTACHMENT Table 3 High Medium Low High Medium Low Priority Priority Priority Priority Priorigr Priority Re - Year Industrial Industrial Industrial Commercial Commercial Commercial Ingpectlona I Total 2020/2021 133 56 1 143 217 1 175 175 180 1 1,079 Year 202012021 Subtask Total 1.0 Subtask No. 1- Commerclalllndustrial Facility Database �91,6B0 Maintenance and Management Personnel/Labor Classifications required for this Subtask: NPDES Inspector 11 80 hours @ $110.00 = $8,800 NPDES Inspector 22 32 hours @ $115.00 = $3,680 Senior NPDES Inspectors 64 hours @ $150.00 = $9,600 Senior Associate Scientist 40 hours @ $210.00 = $8,400 Project Assistant 12 hours @ $90.00 = $1,080 2.0 Subtask No. 2 - Conduct Facility Inspections for Fiscal Year $164,705 2020/2021 Personnel/Labor Classifications required for this Subtask: NPDES Inspector 1 300 hours @ $110.00 = $33,000 NPDES Inspector 2 620 hours @ $115.00 = $71,300 Senior NPDES Inspector 300 hours @ $150.00 = $45,000 Senior Associate Scientist 16 hours @ $210.00 = $3,360 Project Assistant 100 hours @ $90.00 = $9,000 Postage (Postage Rate) 2,158 letters @ $0.47 = $320 Mileage (IRS Rate) 5,000 Miles @ $0.545 = $2,725 3.0 Subtask No. 3 - Additional Program Assistance as Requested' $50,000 Personnel/Labor Classifications required for this Subtask: Principal Engineer 2 hours @ $240.00 = S480 Senior Associate 45 hours @ $210.00 = $9,450 Associate Scientist 150 hours @ $180.00 = $27,000 Senior NPDES Inspector 45 hours @ $150.00 = $6,750 NPDES Inspector 2 12 hours @ $115.00 = $1,380 NPDES Inspector 1 14 hours @ $110.00 = $1,540 Technician 20 hours @ $100.00 = $2,000 Project Assistmnt 12 hours @ $90.00 = $1,080 Postage 102 letters $0.47 = $47.94 Mileage (Billed at IRS Rate) 500 Miles @ _ $0.545 - $272.50 Total Cost for Fiscal Year 2020/2021 $246,265 1. The NPDES Inspector 1 classification includes the following Personnel/Labor Classifications -Tech Prof 1. 2. The NPDES Inspector 2 classification includes the following Personnel/Labor Classifications -Tech Prof 2 and 3. 3. The Senior NPDES Inspector classification includes the following Personnel/Labor Classifications - Senior 1 and Senior 2. 4. Pursuant to the Cost Allocations in Request for Proposal we have included S50,000 with an example breakdown for this effort. Attachment 1- 7 2 5 F -48 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVE AGREEMENT WITH CHARGEPOINT INC. FOR ELECTRIC VEHICLE CHARGING STATION CLOUD NETWORKING SERVICES (STRATEGIC PLAN NO. 6,2) Clt&ANAGER ki RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' 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 Master Services and Subscription agreement with ChargePoint Inc. to provide cloud networking services for City owned electric vehicle charging stations effective June 5, 2018 until the expiration of all subscriber service plans, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On February 6, 2018, City Council approved an agreement with Voltaic Inc. to provide and install 10 dual ChargePoint charging stations throughout the City. These ChargePoint stations provide a networked approach to EV purchases, where fueling locations and payments are made available on a real-time basis on the user's smartphone or vehicle navigation system. Additionally, all EV charging station usage data is available to the City in a cloud environment and include a wide variety of reports to help provide an ongoing review of each station including revenues received and actual electrical costs. In order to have access to the ChargePoint cloud system, a Master Services and Subscription Agreement (MSSA), which outlines the liability and responsibilities of each party, is required. The attached MSSA provides the City access to their cloud platform and details the responsibility of each party. While this agreement was originally on the agenda item on February 6, 2018, ChargePoint later had some concerns regarding the elimination of their proposed limitation of liability clause. After discussing this issue further, both parties agreed to a limitation of liability in case of ChargePoint's breach of contract only. The new language does not limit ChargePoint's potential liability with respect to negligence, intellectual property infringement, or any other reason. Staff anticipates that the ten electric vehicle charging stations will be installed starting in June 2018. 25G-1 Agreement for EV Charging Station Cloud Services June 5, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item assists the City's effort to meet Goal #6 Community Facilities & Infrastructure, Objective #2, (address deferred maintenance on City buildings and equipment). FISCAL IMPACT There is no fiscal impact associated with this agreement Francisco Gutierrez Executive Director Finance and Management Services Agency C Llfg Exhibit: Agreement 25G-2 DowSign Envelope ID: 15B65A35-DCA7-4C94-905A-907FA5OAO6E9 CHARGEPOINT® MASTER SERVICES AND SUBSCRIPTION AGREEMENT IMPORTANT: THIS MASTER SERVICES AND SUBSCRIPTION AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU OR THE CORPORATION, PARTNERSHIP OR OTHER LEGAL ENTITY YOU REPRESENT ("SUBSCRIBER") AND CHARGEPOINT, INC., A DELAWARE CORPORATION ("CPI"). PLEASE READ IT CAREFULLY. BY USING ANY OF THE CHARGEPOINT SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE ANY CHARGEPOINT SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, PARTNERSHIP OR OTHER LEGAL ENTITY, THAT ENTITY REPRESENTS THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, YOU MAY NOT ENTER INTO THIS AGREEMENT AND SUCH ENTITY MAY NOT USE THE CHARGEPOINT SERVICES. 1. AGREEMENT. 1.1 SCOPE OF AGREEMENT. This Agreement governs the following activities: any; (a) Provisioning of Subscriber's Charging Station(s), if any, on ChargePoint; (b) Activation and use of the ChargePoint Services on Subscriber's Charging Station(s), if (c) Subscriber's use of the APIs as part of the ChargePoint Services; (d) Each grant of Rights by Subscriber; and (e) Each grant of Rights by a third party to Subscriber. 1.2 EXHIBITS AND PRIVACY POLICY. This Agreement includes the CPI Privacy Policyas amended from time to time, and the following Exhibits, which are made a part of, and are hereby incorporated into, this Agreement by reference. Exhibit 1: Flex Billing Terms Exhibit 2: API Terms Exhibit 3: Terms Regarding Granting and Receipt of Rights In the event of any conflict between the terms of this Agreement on the one hand, and the Privacy Policy or any Exhibit on the other hand, this Agreement shall govern. Capitalized terms not otherwise defined In any Exhibitor the Privacy Policy shall have the same meaning as in this Agreement. 2. DEFINITIONS. The following terms shall have the definitions set forth below when used in this Agreement: 2.1 "Affiliote" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control", for purposes of this definition, means direct or indirect ownership or control of fifty percent (50%) or more of the voting Interests of the subject entity. 2.2 'APIs" means, individually or collectively, the application programming Interfaces which are made available to Subscriberfrom time to time, as and when updated by CPI. 2.3 "ChargePoint Connections" shall have the meaning ascribed to it in the applicable data sheet. The term ChargePoint Connections shall also mean any successor service provided by CPI. Revised 12.21.16 IN101 Gil DocuSIgn Envelope ID: 15B65A35-DCA7.4C94.905A-907FA50AOOE9 2.4 "ChargePointe" means the open -platform network of electric vehicle charging stations and the vehicle charging applications the network delivers, that is operated and maintained by CPI (as defined below) in orderto provide various services to, among others, Subscriber and its employees. 2.5 "ChargePoint Services" means, collectively, the various cloud services offerings (Including, without limitation, APIs and application service plans) made available forsubscription by CPI. 2.6 "ChargePolnt Application" means any of the applications established and maintained by CPI which will allow Subscriber to access ChargePoint Services. 2.7 "Charging Station" means the electric vehicle charging station(s) purchased by Subscriber, whether manufactured by CPI or by a CPI authorized entity, which are registered and activated on ChargePoint. 2.8 "Content" means all data collected or maintained by CPI in connection with the operation of ChargePoint. 2.9 "CPI Marlys" means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used in connection with ChargePoint and/or CPI manufactured Charging Stations, including without limitation, ChargePoint. 2.10 "CPIPropefty" means (1) ChargePoint, III) the ChargePoint Services (including all Content), (iii) all data generated or collected by CPI in connection with the operation of ChargePoint and ChargePoint Services, (iv) the CPI Marks, (v) the ChargePolnt Cards, and (vi) all other CPI -supplied material developed or provided by CPI for Subscriber use in connection with the ChargePoint Services. 2.11 "Documentation" means written information (whether contained in user or technical manuals, product materials, specifications or otherwise) pertalning to ChargePoint Services and/or ChargePoint and made available from time to time by CPI to Subscriber in any manner (including on-line). 2.22 "Effective Date" means the earlier of (a) the date that Subscriber electronically accepts this Agreement, or (b) the date of Subscriber's first use of the ChargePoint Services. 2.13 "Intellectual Property Rights" means all intellectual property rights, Including, without limitation, patents, patent applications, patent rights, trademarks, trademark applications, trade names, service marks, service mark applications, copyrights, copyright applications, franchises, licenses, inventories, know-how, trade secrets, Subscriber lists, proprietary processes and formulae, all source and object code, algorithms, architecture, structure, display screens, layouts, inventions, development tools and all documentation and media constituting, describing or relating to the above, including, without limitation, manuals, memoranda and records. 2.14 "Malicious Code" means viruses, worms, time bombs, Trojan horses and all other forms of malicious code, including without limitation, malware, spyware, files, scripts, agents or programs. 2.15 "Party" means each of CPI and Subscriber. 2.16 "Pll" means personally identifiable Information regarding Subscriber or a User (e.g., name, address, email address, phone number or credit card number) that can be used to uniquely identify, contactor locate Subscriber or such User. 2.17 "Provisioning" means activating Charging Stations, warrantees and Service Plans on ChargePoint 2.18 "Rights" means the rights, authorizations, privileges, actions, information and settings within the ChargePoint Services which a Rights Grantor grants to an Rights Grantee, to enable such Rights Grantee to access, obtain and use certain portions of the ChargePoint Services and certain information Page 2 of 20 25G-4 DocuSign Envelope ID: I6B66A35-DCA7-4C94-905A-907FA5OAO6E9 available therein in the course of providing services to or on behalf of such Rights Grantor in connection with one or more of the Rights Grantor's Charging Stations. A Rights Grantor shall be deemed to have granted Rights to the entity that will be responsible for creating Subscriber's account and Provisioning Subscribers Charging Stations. Such deemed grant maybe terminated by Subscriber at anytime. 2.19"Service Plan(s)" means subscription plans to the ChargePoint Services which are offered and sold by CPI from time to time, which vary according to their features, privileges and pricing. 2.20 "Subscriber" means the City of Santa Ana. 2.21 "Subscriber Content and Services" means any content and/or services that a Subscriber provides or makes available to Users and/or the general public in connection with the ChargePoint Services, otherthan Content, ChargePoint Services and CPI Property. 2.22 "Subscriber Marks" means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used by Subscriber in connection with its business and/or Charging Stations. 2.23 "Subscription Fees" means the fees payable by Subscriber for subscribing to any ChargePoint Services. 2.24 'Taxes" shall mean all present and future taxes, imposts, levies, assessments, duties or charges of whatsoever nature including without limitation any withholding taxes, sales taxes, use taxes, service taxes, value added or similar taxes at the rate applicable for the time being Imposed by any national or local government, taxing authority, regulatory agency or other entity together with any penalty payable in connection with any failure to pay or any delay in paying any of the same and any interest thereon. 2.25 "Token(s)" means the serialized proof of purchase of a Service Plan that is used by CPI in connection with enabling Services and/or provisioning Charging Stations. 2.26 "User" means any person using a Charging Station, 3. AVAILABLE CHARGEPOINT SERVICES & SERVICE PLANS. A description of the various ChargePoint Services and Service Plans currently available for subscription is located on the CPI website. CPI may make other ChargePoint Services and/or Service Plans available from time to time, and may amend the features or benefits offered with respect to any ChargePoint Service or Service Plan at any time and from time to time. Subscription Fees are based on Subscriber's choice of Service Plan and not on actual usage of the Subscription. 4. CPI'S RESPONSIBILITIES AND AGREEMENTS. 4.1 OPERATION OF CHARGEPOINT. CPI agrees to provide and shall be solely responsible for: (1) provisioning and operating, maintaining, administering and supporting ChargePoint and related infrastructure (other than Subscribers Charging Stations and Infrastructure for transmitting data from Charging Stations to any ChargePoint operations center); (ii) provisioning and operating, maintaining, administering and supporting the ChargePoint Applications; and (III) operating ChargePoint in compliance with all applicable laws. CPI will protect the confidentiality and security of PH in accordance with all applicable laws and regulations and the CPI Privacy Policy and acknowledges that it is responsible for the security of "cardholder data" (as that term is defined for purposes of the Payment Card Industry — Data Security Standards), if any, that CPI possesses, otherwise stores, processes or transmits on behalf of Subscriber or for any impact, if any, on the security of Subscriber's cardholder data environment. Page 3 of 20 25G-5 DomSign Envelope ID: 15B65A35-DCA7-4C94-905A-907FA50A06E9 4.2 LIMITATIONS ON RESPONSIBLITY. CPI shall not be responsible for, and makes no representation or warranty with respect to the following: (1) specific location(s) or number of Charging Stations now, or in the future, owned, operated and/or installed by persons other than Subscriber, orthe total number of Charging Stations that comprise ChargePoint; (II) continuous availability of electrical service to any of Subscriber's Charging Stations; (Ili) continuous availability of any wireless or cellular communications network or Internet service provider network necessary for the continued operation by CPI of ChargePoint; (Iv) availability of or Interruption of the ChargePoint Network attributable to unauthorized intrusions; and/or (v) charging stations that are not registered with and activated on the ChargePoint Network. S. SUBSCRIBER'S RESPONSIBILITIES AND AGREEMENTS. 5.1 GENERAL. (a) All use of ChargePoint and ChargePoint Services by Subscriber, its employees and agents and its grantees of Rights shall comply with this Agreement and all of the rules, limitations and policies of CPI set forth in the Documentation. All ChargePolnt Services account details, passwords, keys, etc. are granted to Subscriber solely for Subscriber's own use (and the use of its grantees of Rights), and Subscriber shall keep all such items secure and confidential, Subscriber shall make best efforts to prevent any unauthorized access to or use of ChargePoint or ChargePoint Services via Subscriber's Charging Stations, ChargePoint Services account(s) or other equipment. Subscriber shall Immediately notify CPI upon becoming aware of any such unauthorized use. (b) Subscriber shall be solely responsible for: (1) Provisioning of its Charging Stations, if any; (ii) keeping Subscriber's contact information, email address for the receipt of notices hereunder, and billing address for Invoices both accurate and up to date; (Ili) updating on the applicable ChargePoint Application, within five (5) business days, the location to which any of Subscriber's Charging Stations are moved; (Iv) the maintenance, service, repair and/or replacement of Subscriber's Charging Stations as needed, including Informing CPI of the existence of any Charging Stations that are non -operational and not intended to be replaced or repaired by Subscriber; and (v) compliance with all applicable laws. (c) Subscriber shall deliver in full all benefits promised to Users by Subscriber in exchange for such Users connecting with Subscriber using ChargePoint Connections. 5.2 REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber represents and warrants to CPI that: (1) it has the power and authority to enter into and be bound by this Agreement and shall have the power and authority to install the Charging Stations and any other electrical vehicle charging products which are registered and activated on the ChargePoint Network); (ii) the electrical usage to be consumed by Subscriber's Charging Stations will not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease, to which Subscriber is a party, and (iii) It has not installed or attached and will not Install or attach Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a manner that will block any easement or right of way. 5.3 CHARGEPOINT CARDS. Subscriber may be permitted by CPI, In CPI's sole discretion, to obtain CPI -provisioned radio -frequency identification cards ("ChargePoint Cards") which enable the individual card recipients to access and use ChargePoint. Subscriber may distribute such ChargePoint Cards to individuals, and each individual ChargePoint Card recipient is responsible for activating his or her ChargePoint Card on ChargePoint directly with CPI on the CPI web site. In no event will Subscriber create Page 4 of 20 25G-6 DecuSign Envelope ID: 15BBSA35-DCA7-4C94.905A-907FA50AO6E9 any separate ChargePoint accounts for any ChargePoint Card recipients or other third parties, nor will Subscriber create anonymous ChargePoint accounts associated with any ChargePoint Card. 5.4 USE RESTRICTIONS AND LIMITATIONS. Subscriber shall not: (a) sell, resell, license, rent, lease or otherwise transfer the ChargePoint Services or any Content therein to any third party; (b) interfere with or disrupt the ChargePoint Services, servers, or networks connected to the ChargePoint Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the ChargePoint Services; (c) restrict or Inhibit any other user from using and enjoying the ChargePolnt Services or any other CPI services; (d) attempt to gain unauthorized access to the ChargePoint Network or the ChargePolnt Services or related systems or networks or any data contained therein, or access or use ChargePoint or ChargePoint Services through any technology or means otherthan those provided or expressly authorized by CPI; (e) create any ChargePoint Services user account by automated means or under false or fraudulent pretenses, or Impersonate another person or entity on ChargePoint, or obtain or attempt to obtain multiple keys for the same URL; (f) reverse engineer, decompile or otherwise attempt to extract the source code of the ChargePoint Services or any part thereof, or any Charging Station, except to the extent expressly permitted or required by applicable law; (g) create derivative works based on any CPI Property; (h) remove, conceal or cover the CPI Marks or any other markings, labels, legends, trademarks, or trade names installed or placed on the Charging Stations or any peripheral equipment for use in connection with Subscriber's Charging Stations; (1) except as otherwise expressly permitted by this Agreement or in any applicable data sheet relating to a ChargePoint Service, copy, frame or mirror any part of the ChargePoint Services or ChargePoint Content, otherthan copying or framing on Subscriber's own intranets or otherwise solely for Subscriber's own Internal business use and purposes; 0) access ChargePoint, any ChargePoint Application or the ChargePoint Services for the purpose of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purpose, or for any improper purpose whatsoever, Including, without limitatlon, in order to build a competitive product or service or copy any features, functions, Interface, graphics or "look and feel;" (k) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the ChargePoint Services or Content or collect Information about ChargePoint users for any unauthorized purpose; (1) upload, transmit or introduce any Malicious Code to ChargePoint or ChargePoint Services; (m) use any of the ChargePoint Services If Subscriber is a person barred from such use under the laws of the United States or of any other jurisdiction; or Page 5 of 20 25G-7 DocuSign Envelope ID: 15B65A35.DCA7-4C94-905A-907FA50AOOE9 (n) use the ChargePoint Services to upload, post, display, transmit or otherwise make available (A) any inappropriate, defamatory, obscene, or unlawful content; (B) any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party; (C) any messages, communication or other content that promotes pyramid schemes, chain letters, constitutes disruptive commercial messages or advertisements, or Is prohibited by applicable law, the Agreement or the Documentation. 5.5 CONTENT. (a) ChargePoint Content (including but not limited to Charging Station data and status) is provided for planning purposes only. Subscriber may find that various events may mean actual Charging Station conditions (such as availability or pricing) differ from what is set forth in the Content. In addition, certain Charging Station -related Content, including Charging Station name and use restrictions, Is set by the Charging Station owner and is not verified by CPI, Subscriber should exercise judgment in Subscriber's use of the Content. (b) Certain Content may be provided under license from third parties and Is subject to copyright and other intellectual property rights of such third parties. Subscriber may be held liable for any unauthorized copying or disclosure of such third party -supplied Content. Subscriber's use of such Content may be subject to additional restrictions set forth in the Documentation. (c) Subscriber shall not copy, modify, alter, translate, amend, or publicly display any of the Content except as expressly permitted by the Documentation. Subscriber shall not present any portion of the Content in any manner, that would (i) make such Content false, inaccurate or misleading, (li) falsify or delete any author attributions or labels of the origin or source of Content, or (Ili) indicate or suggest that the Charging Station locations provided as part of the Content are anything other than ChargePoint" Network Charging Stations, (d) Subscriber shall not remove, obscure, or alter in any manner any proprietary rights notices (including copyright and trademark notices), warnings, links or other notifications that appear in the ChargePoint Service. 6. SUBSCRIPTION FEES AND PAYMENT TERMS. 6.1 SUBSCRIPTION FEES. Subscriber shall pay all Subscription Fees within thirty (30) days of its receipt of CPI's invoice. All payments shall be made In U.S. Dollars by check, wire transfer, ACH payment system or other means approved by CPI. Customer may not offset any amounts due to CPI hereunder against amounts due to Customer under this Agreement or any other agreement. Fees payable to CPI do not Include any Taxes, and Subscriber is responsible for any and all such Taxes. All payment obligations under this Agreement are non -cancelable and non-refundable. 6.2 LATE PAYMENTS. Subscriber will reimburse CPI for attorneys' fees and other expenses reasonably incurred by CPI In the collection of any late payments. If any amount owing by Subscriber under this Agreement Is more than thirty (30) days overdue, CPI may, without otherwise limiting CPI's rights or remedies, (a) terminate this Agreement, (b) suspend the use by Subscriber of the ChargePoint Services until such amounts are paid in full, and/or (c) condition future ChargePoint Service renewals and other Subscriber purchases on payment terms other than those set forth herein; provided that CPI shall not exercise any such rights if Subscriber has reasonably disputed such charges and is cooperating diligently in good faith to resolve the dispute. Page 6 of 20 25G-8 DocuStgn Envelope ID: 16e65A35-DCA7-4094.905A-907FASOAO6E9 7. INTELLECTUAL PROPERTY RIGHTS AND LICENSES. 7.1 CPI PROPERTY. As between CPI and Subscriber, CPI retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to the CPI Property and any improvements thereto. No rights are granted to Subscriber in the CPI Property hereunder except as expressly set forth In this Agreement. 7.2 SUBSCRIBER PROPERTY. As between CPI and Subscriber, Subscriber retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to (i) all Subscriber Marks and (ii) all Subscriber Content and Services (collectively, the "Subscriber Property'). No rights are granted to CPI In the Subscriber Property hereunder except as expressly set forth in this Agreement. 7.3 LIMITED LICENSE TO SUBSCRIBER. CPI hereby grants to Subscriber a royalty -free, non - assignable, non -transferable, and non-exclusive license to use the CPI Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for Subscriber to access, use and receive the ChargePoint Services as permitted herein. 7.4 LIMITED LICENSE TO CPI. Subscriber hereby grants to CPI a non -assignable, non- transferable, and non-exclusive license to use the Subscriber Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for CPI to provide the ChargePoint Services. CPI may utilize the Subscriber Marks to advertise that Subscriber is using the ChargePoint Services. The foregoing license includes a perpetual and irrevocable right of CPI to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute all Subscriber Content and Services submitted, posted or displayed by Subscriber in the ChargePoint Services, solely for the purpose of enabling CPI to operate, market and promote the ChargePoint Services, and to index and serve such Subscriber Content and Services as search results through ChargePoint Services. CPI shall have a royalty -free, worldwide, transferable, sublicensable, irrevocable perpetual license to use or incorporate in the ChargePoint Services any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber or Subscriber Rights Grantees relating to the ChargePoint Services. 7.5 ADDITIONAL TERMS REGARDING CPI MARKS. (a) USE LIMITATIONS. Subscriber shall display the CPI Marks In connection with Subscriber Charging Stations as required in this Agreement during the term of Subscriber's Service Plan. Subscriber shall not use any of the CPI Marks for or with any products other than its Charging Stations. From time to time, CPI may provide updated CPI Mark usage guidelines on the ChargePoint Application or elsewhere in the Documentation, and Subscriber shall thereafter comply with such updated guidelines. For any use of the CPI Mark not authorized by such guidelines, or If no such guidelines are provided, then for each Initial use of the CPI Mark, Subscriber must obtain CPI's prior written consent, which shall not be unreasonably withheld or delayed, and after such consent is obtained, Subscriber may use the CPI Mark in the approved manner. All use by Subscriber of CPI's Marks (including any goodwill associated therewith) will inure to the benefit of CPI. (b) PROHIBITIONS. Subscriber shall not use or display any CPI Mark (or any likeness of a CPI Mark): (i) as a part of the name under which Subscriber's business is conducted or in connection with the name of a business of Subscriber or its Affiliates; Page 7 of 20 25G-9 DowSlgn Envelope ID: 15B55A35-DCA7-4C94-905A-907FA50A05E9 (!!)in any manner that (x) implies a relationship or affiliation with CPI other than as described under the Agreement, (y) implies any sponsorship or endorsement by CPI, or (z) can be reasonably interpreted to suggest that any Subscriber Content and Services has been authored by, or represents the views or opinions of CPI or CPI personnel; (ill) in any manner intended to disparage CPI, ChargePolnt, or the ChargePoint Services, or in a manner that Is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to CPI; (iv) in any manner that violates any law or regulation; or (v) that Is distorted or altered in any way (including squeezing, stretching, inverting, discoloring, etc.) from the original form provided by CPI. (c) NO REGISTRATION OF CPI MARKS. Subscriber shall not, directly or indirectly, register or apply for, or cause to be registered or applied for, any CPI Marks or any patent, trademark, service mark, copyright, trade name, domain name or registered design that is substantially or confusingly similar to a CPI Mark, patent, trademark, service mark, copyright, trade name, domain name or registered design of CPI, or that is licensed to, connected with or derived from confidential, material or proprietary Information imparted to or licensed to Subscriber by CPI. At no time will Subscriber challenge or assist others to challenge the CPI Marks (except to the extent such restriction is prohibited by law) or the registration thereof by CPI. (d) TERMINATION AND CESSATION OF USE OF CPI MARKS. Upon termination of this Agreement, Subscriber will immediately discontinue all use and display of all CPI Marks. 8. LIMITATIONS OF LIABILITY. 8.1 DISCLAIMER OF WARRANTIES. CHARGEPOINT AND THE CHARGEPOINT SERVICES ARE PROVIDED "AS 15" AND "AS AVAILABLE" FOR SUBSCRIBER'S USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CPI DOES NOT WARRANT THAT (A) SUBSCRIBER'S USE OF THE CHARGEPOINT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM ERROR, OR MEET SUBSCRIBER'S REQUIREMENTS; (B) ALL CONTENT AND OTHER INFORMATION OBTAINED BY SUBSCRIBER FROM OR IN CONNECTION WITH THE CHARGEPOINT SERVICES WILL BE ACCURATE AND RELIABLE; (C) ALL DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE CHARGEPOINT SERVICES WILL BE CORRECTED. ALL CONTENT OBTAINED THROUGH THE CHARGEPOINT SERVICES IS OBTAINED AT SUBSCRIBER'S OWN DISCRETION AND RISK, AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. 8.2 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CPI BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, THIS AGREEMENT, A GRANT OR RECEIPT OF RIGHTS OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES BY SUBSCRIBER NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. Page 8 of 20 25G-10 DocuSign Envelope ID: 15565A35-DCA7-4C94-905A-907FA5DAO6E9 8.3 ELECTRICAL, CELLULAR AND INTERNET SERVICE INTERRUPTIONS. Neither CPI nor Subscriber shall have any liability whatsoever to the other with respect to damages caused by: (!)electrical outages, power surges, brown -outs, utility load management or any other similar electrical service Interruptions, whatever the cause; (11) Interruptions in wireless or cellular service linking Charging Stations to ChargePoint; (111) interruptions attributable to unauthorized ChargePoint Network intrusions; (!v) Interruptions in services provided by any Internet service provider not affiliated with CPI; or (v) the inability of a Charging Station to access ChargePoint as a result of any change in product offerings (Including, without limitation, the any network upgrade or Introduction of any "next generation" services) by any wireless or cellular carrier. This Includes the loss of data resulting from such electrical, wireless, cellular or Internet service interruptions. 8.4 LIMITATION OF LIABILITY. CPI's aggregate liability for a breach of this Agreement shall not exceed the greater of (1) aggregate Subscription Fees paid by Subscriber to CPI in the twelve (12) calendar months prior to the event giving rise to the liability or (II) fifty thousand dollars ($50,000). For purposes of clarity, this section shall apply only to breaches of contract by CPI and not to liability arising for any other reason, Including, without limitation, negligence or Intellectual property Infringement. 8.5 CELLULAR CARRIER LIABILITY. IN ORDER TO DELIVER THE CHARGEPONT SERVICES, CPI HAS ENTERED INTO CONTRACTS WITH ONE OR MORE UNDERLYING WIRELESS SERVICE CARRIERS (THE "UNDERLYING CARRIER"). SUBSCRIBER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING CARRIER AND SUBSCRIBER IS NOT THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CPI AND THE UNDERLYING CARRIER. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER HAS NO LIABILITY OF ANY KIND TO SUBSCRIBER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. SUBSCRIBER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO IT, AND UNDERSTANDS THATANY SUCH NUMBER CAN BE CHANGED. SUBSCRIBER UNDERSTANDS THAT CPI AND THE UNDERLYING CARRIER CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE CHARGEPOINT SERVICES. 8.6 ADDITIONAL RIGHTS. BECAUSE SOME STATES OR JURISDICITONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE DISCLAIMER OF IMPLIED WARRANTIES AS SET FORTH IN THIS SECTION 8, ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY, PROVIDED THAT, IN SUCH INSTANCES, CPI'S LIABILTY AND/OR IMPLIED WARRANTIES GRANTED IN SUCH CASES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW. 9. TERM AND TERMINATION, 9.1 TERM OF AGREEMENT. This Agreement shall became effective on the Effective Date and shall continue until the expiration of all of Subscriber's Service Plans. 9.2 SERVICE PLAN TERM. Each Service Plan acquired by Subscriber shall commence as follows: Each Service Plan acquired for use with a new Charging Station will commence on the earlier to occur of (1) the date of Provisioning such new Charging Station, or (I!) one year from the date the Token(s) necessary for Provisioning such new Charging Station is made available to Subscriber or its installer. Renewals of Service Plans will commence on the date of the expiration of the Subscription being renewed. Each Subscriber Service Plan shall continue for the applicable duration thereof, unless this Agreement is terminated earlier in accordance with its terms. Page 9 of 20 25G-11 DocuSign Envelope ID: 15B65A35-DCA7-4C94-905A-907FA50A06E9 9.3 TERMINATION BY CPI. (a) This Agreement may be Immediately terminated by CPI: (1) if Subscriber is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days (or within five (5) days in the case of any payment default) of Subscriber's receipt of written notice thereof; (11) Subscriber becomes the subject of a petition In bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors; (III) upon the determination by any regulatory body that the subject matter of this Agreement is subject to any governmental regulatory authorization or review that imposes additional costs of doing business upon CPI; or (iv) as otherwise explicitly provided In this Agreement, Regardless of whether Subscriber is then In breach, CPI may, in its reasonable discretion, determine that it will not accept any renewal by Subscriber of Its subscription to ChargePoint Services. In such case, this Agreement shall terminate upon the later of the expiration of all of Subscriber's subscriptions to ChargePoint Services. (b) CPI may In its discretion suspend Subscriber's continuing access to the ChargePoint Services or any portion thereof if (A) Subscriber has breached any provision of this Agreement, or has acted in manner that Indicates that Subscriber does not intend to, or is unable to, comply with any provision of this Agreement; (B) such suspension is required by law (for example, due to a change to the law governing the provision of the ChargePoint Services); or (c) providing the ChargePoint Services to Subscriber could create a security risk or material technical burden as reasonably determined by CPI. 9.4 TERMINATION BY SUBSCRIBER. This Agreement may be immediately terminated by Subscriber without prejudice to any other remedy of Subscriber at law or equity: (1) If CPI is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days of the date of its receipt of written notice thereof, or (ii) CPI becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors. 9.5 REFUND OR PAYMENT UPON TERMINATION. Upon any termination of this Agreement for cause by Subscriber pursuant to Section 9.4(i) or by CPI pursuant to Section 9.3(a)(iii), CPI shall refund to Subscriber a pro-rata portion of any pre -paid Subscription Fees based upon the remaining Service Plan term. Upon any termination for any other reason, Subscriber shall not be entitled to any refund of any Subscription Fees as a result of such termination. In no event shall any termination relieve Subscriber of any unpaid Subscription Fees due CPI for the Service Plan term in which the termination occurs or any prior Service Plan term. 9.6 SURVIVAL Those provisions dealing with the Intellectual Property Rights of CPI, limitations of liability and disclaimers, restrictions of warranty, Applicable Law and those other provisions which by their nature or terms are intended to survive the termination of this Agreement will remain in full force and effect as between the Parties hereto regardless of the termination of this Agreement. 10. INTENTIONALLY OMITTED. 11. GENERAL. 11.1 AMENDMENT OR MODIFICATION. CPI reserves the right to modify this Agreement from time to time. CPI will provide notice of each such modification to Subscriber. Subscriber's continued use of the ChargePoint Services following such notice will constitute an acceptance of the modified Agreement. Page 10 of 20 25G-12 DocuSign Envelope ID: 15B65A35-DCA7-4C94-905A-907FA5OAO6E9 11.2 WAIVER. The failure of either Party at anytime to enforce any provision of this Agreement shall not be construed to be a waiver of the right of such Parry to thereafter enforce that provision or any other provision or right. 11.3 FORCEMAJEURE. Except with respect to payment obligations, neither CPI nor Subscriber will be liable for failure to perform any of its obligations hereunder due to causes beyond such party's reasonable control and occurring without its fault or negligence, including but not limited to fire, flood, earthquake or other natural disaster (irrespective of such Parts condition of any preparedness therefore); war, embargo; riot; strike; labor action; any lawful order, decree, or other directive of any government authority that prohibits a Party from performing its obligations under this Agreement; material shortages; shortage of transport; and failures of suppliers to deliver material or components in accordance with the terms of their contracts, 11.4 ARBITRATION. This Agreement is to be construed according to the laws of the State of California, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goads and any conflict of law provisions that would require application of another choice of law. Except with respect to any matter relating to Subscriber's violation of the intellectual property rights of CPI, any dispute arising from or relating to this Agreement shall be arbitrated in Orange County, California. The arbitration shall be administered by JAMS in accordance with Its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered In any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. All claims shall be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. With respect to any matter relating to the intellectual property rights of CPI, such claim may be litigated in a court of competent jurisdiction. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys' fees and costs. 11.5 NOTICE TO CALIFORNIA CUSTOMERS. (a) California's Low Carbon Fuel Standard ("LCFS") was enacted to ensure that the mix of fuels sold by California oil refiners and distributers meets applicable greenhouse gas emissions targets. California has a statewide goal to reduce carbon Intensity of transportation fuels by at least 10% by 2020. (b) The ChargePoint Network can track the fueling of electric vehicles, which positively contributes to reducing California's carbon intensity. If applicable reporting requirements are met, LCFS credits are Issued by the California Air Resources Board. An available LCFS credit maybe claimed by certain owners and operators of electric vehicle charging stations, including both Subscriber and CPI. However, the LCFS credits are only available to one party, meaning any available credits may be claimed by either Subscriber or CPI, but not by both. CPI intends to claim available LCFS credits generated from use of the Charging Stations, but will not claim any available LCFS credits that Subscriber Intends to claim. If Subscriber intends to claim the LCFS credits, it must engage in the reporting and other administrative obligations necessary to generate such credits. (c) Subscriber agrees that it will provide CPI with written notice of Its intent to claim LCFS credits within ten (10) days of the date of the Effective Date. If Subscriber does not currently intend to claim the LCFS credits, but desires to do so at any time in the future, Subscriber may, by providing written notice to CPI, elect to claim LCFS credits generated thirty (30) days or more after the date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, Subscriber will not claim any LCFS credits. All notices shall be provided by email to CPI at Icfsnotification g chareepoint.com. Page 11 of 20 25G-13 DomSign Envelope ID; 15e65A35-DCA7-4C94-905A-907FA50A06E9 I 11.6 NOTICE TO OREGON CUSTOMERS (a) Oregon's Clean Fuel Program ("OCFP") was created with the purpose of reducing greenhouse gas emissions in the transportation sector. (b) The fueling of electric vehicles, and the operation of the ChargePoint Network, contributes to reducing Oregon's greenhouse gas emissions and is eligible for OCFP credits, which are issued by the Oregon Department of Environmental Quality. By reporting the amount of electric vehicle fueling, ChargePoint is able to help Oregon track the growing use of electric vehicles in the state, for which ChargePoint will receive OCFP credits. (c) An available OCFP creditmaybeclaimedbycertain owners and operators of electric vehicle charging stations, including both Subscriber and CPI, However, the OCFP credits are only available to one party. This means any available credits maybe claimed by either Subscriber or CPI, but not by both. CPI intends to claim available OCFP credits generated from use of the Charging Stations, but .will not claim any available OCFP credits that Subscriber intends to claim, (d) Subscriber agrees that it will provide CPI with written notice of its intent to claim OCFP credits within ten (10) days of the date of the Effective Date. If Subscriber does not currently Intend to claim the OCFP credits, but desires to do so at any time In the future, Subscriber may, by providing written notice to CPI, elect to claim OCFP credits generated thirty (30) days or more after the date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, Subscriber will not claim any OCFP credits. All notices shall be provided by email to CPI at Icfsnotification@chareepoint.cam. 11.7 NOTICES. Other than the notices required in Sections 11.5 and 11.6, any notice required or permitted by this Agreement shall be sent (a) If by CPI, via electronic mail to the address Indicated by Subscriber in Subscriber's ChargePoint Services account; or (b) if by Subscriber, via electronic mail to mssa @cha rgeoolnt. com. 11.8 INJUNCTIVE RELIEF. Subscriber acknowledges that damages for improper use of the ChargePoint Services may be Irreparable; therefore, CPI is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies. 11.9 SEVERABILITY. Except as otherwise specifically provided herein, if any term or condition of this Agreement or the application thereof to either Party will to any extent be determined jointly by the Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to this Agreement, the Parties or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be affected thereby. 11.10 ASSIGNMENT. Subscriber may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of CPI (not to be unreasonably withheld). In the event of any purported assignment In breach of this Section, CPI shall be entitled, at its sole discretion, to terminate this Agreement upon written notice given to Subscriber. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. CPI may assign its rights and obligations under this Agreement. 11.11 NO AGENCY OR PARTNERSHIP. CPI, in the performance of this Agreement, is an Independent contractor. In performing its obligations under this Agreement, CPI shall maintain complete control over Its employees, its subcontractors and its operations. No partnership, joint venture or agency relationship is intended by CPI and Subscriber to be created by this Agreement. Neither Party has any Page 12 of 20 25G-14 DowSign Envelope ID: 15B55A35-DCA7-4C94-905A.907FA50A06E9 right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other Party, whether express or implied, orto bind the other Party In any respect whatsoever. 11.12 ENTIRE AGREEMENT. This Agreement (including the attached Exhibits) contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes and cancels all previous and contemporaneous agreements, negotiations, commitments, understandings, representations and writings. All purchase orders issued by Subscriber shall state that such purchase orders are subject to all of the terms and conditions of this Agreement, and contain no other term other than the type of Service Plan, the number of Charging Stations for which such Service Plan Is ordered, the term of such Service Plans and applicable Subscription Fees. To the extent of any conflict or inconsistency between the terms and conditions of this Agreement and any purchase order, the Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in any other documentation shall be Incorporated Into or form any part of this Agreement, and all such purported terms and conditions shall be null and void, 11.13 COPYRIGHT POLICIES. It Is CPI's policy to respond to notices of alleged copyright Infringement that comply with applicable international intellectual property law (including, In the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. 11.14 THIRD PARTY RESOURCES. The ChargePoint Services may include hyperlinks to other websites or resources. CPI has no control over any web sites or resources that are provided by companies or persons other than CPI. Subscriber acknowledges and agrees that CPI is not responsible for the availability of any such web sites or resources, CPI does not endorse any advertising, products or other materials on or available from such web sites or resources, and CPI is not liable for any loss or damage that may be incurred by Subscriber as a result of any reliance placed by Subscriber on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources. 11.15 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute but one and the same document. 21.16 ENGLISH LANGUAGE AGREEMENT GOVERNS. Where CPI has provided Subscriber with a translation of the English language version of this Agreement, Subscriber agrees that the translation is provided for Subscriber's convenience only and that the English language version of this Agreement governs Subscriber's relationship with CPI. If there is any conflict between the English language version of this Agreement and such translation, the English language version will prevail. Page 13 of 20 25G-15 DocuSlgn Envelope ID: 75B65A35-DCA74C94.905A-907FA50AO6E9 Co .Slgg� b-r:'• Subscriber: ChargePoint, Inc. 1 1" EPBAE9E5]1p540E_ Name: Name: Jonathan Kaplan Title: Title: General Counsel Date: Date: 5/14/2018 Address: Address: 254 E. Hacienda Ave Campbell, CA 95008 AS TO FORM City Attorney Page 14 of 20 25G-16 DowSlgn Envelope ID: 15B65A35-DCA7-4C94-905A-907FA50AO6E9 EXHIBIT 1 FLEX BILLING TERMS This Exhibit sets forth certain additional terms and conditions ("Flex Billing Terms") pursuant to which Subscriber may charge Users fees for the use of Subscriber's Charging Stations. In order to charge such fees, Subscriber must subscribe to a Service Plan that includes CPI's management, collection and/or processing services related to such fees ("Flex Billing"). 1. DEFINITIONS. The following additional defined terms shall apply to these Flex Billing Terms: 1.1 "CPI Fees" means a fee, currently equal to ten percent (10%) of Session Fees, charged for a particular Session. CPI Fees are charged by CPI in exchange for its collection and processing of Session Fees on behalf of Subscriber. CPI will provide Subscriber with thirty (30) days prior written notice (which may include, without limitation, notice provided by CPI through its regular newsletter to Subscriber) of any increase in CPI Fees. 1.2 "Net Session Fees" means the total amount of Session Fees collected on behalf of the Subscriber by CPI, less CPI Fees and Taxes, if any, required by law to be collected by CPI from Users in connection with the use of Charging Stations. Except as required by law, Subscriber shall be responsible for the payment of all Taxes incurred in connection with use of Subscriber's Charging Stations. 1.3 "Session" or "Charging Session" means the period of time during which a User uses Subscriber's Charging Station to charge his or her electric vehicle for a continuous period of time not less than two (2) minutes commencingwhen a User has accessed such Charging Station and ending when such User has terminated such access. 1.4 "Session Fees" means the fees set by the Subscriber for a Charging Session, inclusive of any applicable Taxes. 2. FLEX -BILLING SERVICE FOR CHARGING STATIONS. 2.1. SESSION FEES. Subscriber shall have sole authority to determine and set in real-time Session Fees. Subscriber shall be solely responsible for determining and charging Session Fees in compliance with all applicable laws and regulations (including without limitation any restriction on Subscriber's use of per -kWh pricing). Subscriber acknowledges that CPI Is not responsible for Informing Subscriber of applicable laws or changes thereto, and CPI will not be liable to Subscriber or any third party for any alleged or actual failure of Subscriber to comply with such applicable laws and regulations. 2.2 DEDUCTIONS FROM SESSION FEES. In exchange for CPI collecting Session Fees on behalf of the Subscriber, the Subscriber hereby authorizes CPI to deduct from all Session Fees collected: (i) CPI Fees and (ii) to the extent required by Section 3, applicable Taxes. 2.3 PAYMENT TO SUBSCRIBER OF NET SESSION FEES. CPI shall remit Net Session Fees to Subscriber not more than thirty (30) days after the end of each calendar month as directed by Subscriber from time to time through the applicable ChargePoint Services. Notwithstanding the foregoing, no such payment will be required if at the end of any calendar month the amount due to Subscriber hereunder is less than fifty U.S, Dollars ($50), except In connection with the expiration or termination of this Agreement. In no event shall CPI remit amounts due to Subscriber, regardless of the amount then due, later than thirty (30) days following the end of each calendar quarter. Page 15 of 20 25G-17 DowSign Envelope ID: 15865A35-DCA7.4C94.905A-907FA50A06E9 3. TAXES. Subscriber is responsible for the payment of all Taxes Incurred in connection with Session Fees; provided that CPI Is solely responsible for all Taxes assessable based on CPI's Income, property and employees. Where CPI is required by law to collect and/or remit the Taxes for which Subscriber is responsible, the appropriate amount shall be invoiced to Subscriber and deducted by CPI from Session Fees, unless Subscriber has otherwise provided CPI with a valid tax or regulatory exemption certificate or authorization from the appropriate taxing or regulatory authority. Page 16 of 20 25G-18 DowSlgn Envelope ID: 15B55A35-0CA7-4C94.905A-907FA60AO6E9 EXHIBIT 2 API TERMS This Exhibit sets forth certain additional terms and conditions ("API Terms") governing Subscriber's use of the APIs in connection with Subscriber's use of the ChargePoint Services. The API Terms are part of the Agreement, and all such use of the APIs remains subject to the Agreement terms. 1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply to the API Terms. 1.1 "API Implementation" means a Subscriber software application or website that uses any of the APIs to obtain and display Content in conjunction with Subscriber Content and Services. 1.2 "API Documentation" means all Documentation containing Instructions, restrictions or guidelines regarding the APIs or the use thereof, as amended and/or supplemented by CPI from time to time. 1.3 "CPi Site Terms" means the Terms and Conditions displayed on CPI's website, governing use of CPI's website and the ChargePoint Services by visitors who are not Service Plan subscribers. 2. API USE. Subscriber may use the APIs as and to the extent permitted by Subscriber's Service Plan and the API Documentation, subject to the terms and conditions of the Agreement. 2.1 AVAILABLE APIs AND FUNCTION CALLS. The APIs give Subscriber access to information through a set of function calls. The particular APIs and API function calls made available by CPI from time to time (and the Content available through such APIs and function calls) will be limited by Subscriber's Service Plan, and Subscriber's particular Service Plan may not include all APIs and function calls then available from CPI. 2.2 USE AND DISPLAY OF CONTENT. Subscriber is permitted to access, use and publicly display the Content with Subscriber Content and Services in Subscriber's API Implementation, subject to the following requirements and limitations. (a) All Charging Station locations provided to Subscriber as part of the Content shall be clearly identified by Subscriber in Subscriber's API Implementation as ChargePoint' Network Charging Stations and shall contain the Brand Identifiers required by the API Documentation, In no event shall Subscriber's API Implementation Identify or imply that any Charging Station is a part of any network of charging stations other than ChargePoint. (b) Subscriber shall keep the Content used by Subscriber's API Implementation current with Content obtained with the APIs to within every forty eight (48) hours. (c) Content provided to Subscriber through the APIs may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of CPI's business partners and/or other third party rights holders of Content indexed by CPI, which may not be deleted or altered in any manner. Page 17 of 20 25G-19 Docuftn Envelope ID: 15B65A35-OCA7-4C94.905A-907FA5DA06E9 (d) Subscriber shall not: (1) pre -fetch, cache, or store any Content, except that Subscriber may store limited amounts of Content for the purpose of Improving the performance of Subscriber's API Implementation if Subscriber does so temporarily, securely, and in a mannerthat does not permit use of the Content outside of the ChargePoint Service; (ii) hide or mask from CPI the identity of Subscriber's service utilizing the APIs, including by failing to follow the identification conventions listed in the API Documentation; or (III) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. 2.3 REQUIRED INFORMATION. Subscriber must: (a) display to all viewers and users of Subscriber's API Implementation the link to the CPI Site Terms and Conditions as presented through the ChargePoint Services or described in the Documentation; (b) explicitly state In the use terms governing Subscriber's API Implementation that, by using Subscriber's API Implementation, such viewers and users are agreeing to be bound by the CPI Site Terms;and (c) include in Subscriber's API Implementation, and abide by, a privacy policy complying will all applicable laws; and (d) comply with all applicable laws designed to protect the privacy and legal rights of users of Subscribers API implementation. 2.4 REPORTING. Subscriber must Implement reporting mechanisms, if any, that CPI requires in the API Documentation. 3. CPI BRANDING REQUIREMENTS AND RESTRICTIONS. 3.1 MANDATORY CPI BRANDING. Subject to Section 3.2 below and the restrictions on use of CPI Marks set forth in the Agreement, Subscriber agrees that each page comprising Subscribers API Implementation will include a ChargePoint logo and will state that Subscribers application or website is provided, in part, through the ChargePoint Services. 3.2 RESTRICTIONS. Subscriber shall not: (a) display any CPI Mark as the most prominent element on any page in Subscribers API Implementation or Subscribers website (except as used In connection with the display of Charging Stations); or Page 18 of 20 25G-20 DowSlgn Envelope ID: 15B65A35-DCA7-4C94.905A-907FA5OAO6E9 (b) display any CPI Mark anywhere In Subscribers API Implementation or on Subscriber's website if Subscriber's API Implementation or website contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age. Page 19 of 20 25G-21 DocuSign Envelope ID: 15B55A35-DCA7-4C94-905A-907FASOAo6Eg EXHIBIT 3 TERMS REGARDING GRANTING OF RIGHTS This Exhibit sets forth certain additional terms and conditions applicable to Rights Grantors and Rights Grantees regarding the granting of Rights ("Rights Terms'). The Rights Terms are part of the Agreement, and all use of the ChargePoint Services permitted pursuant to the Rights Terms remains subject to the Agreement. 1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply. 1.1 "Rights Grantor" means Subscriber. 1.2 "Rights Grantee" means any person to whom Subscriber has granted Rights. For purposes of this Agreement, a Subscriber shall be deemed to have granted Rights to the entity assisting Subscriber with creating its account and initiating Subscriber's access to Services. 2. TERMS. This Section governs Subscriber's granting of Rights as a Rights Grantor, 2.1 LIMITED RIGHTS. A Rights Grantee's right to access and use the ChargePoint Services for and on behalf of a Rights Grantor Is limited to the specific Rights granted by such Rights Grantor to such Rights Grantee. Such Rights maybe limited according to the Service Plan(s) subscribed to by Subscriber. Subscriber may revoke Rights, or any portion thereof, it has granted to a Rights Grantee at will and such Rights will thereafter by terminated with respect to such Rights Grantee. In no event may Subscriber grant Rights in excess of those provided to It through the Service Plan(s) to which It has subscribed. 2.2 RESPONSIBILITY FOR AUTHORIZED USER. All use of the ChargePoint Services by a Rights Grantee exercising Rights granted by Subscriber shall be subject to the terms and conditions of the Agreement (including without limitation Subscriber's indemnification obligation pursuant to Section 10 thereof). Subscriber shall be responsible for the actions, omissions, or performance of such Rights Grantee while exercising any such Rights, as if such action, omission or performance had been committed by Subscriber directly. 2.3 NO AGREEMENT. Subscriber acknowledges and agrees that the ChargePoint Services merely enable a Rights Grantor to extend Rights to Rights Grantees. The mere extension of such Rights by a Rights Grantor to a Rights Grantee does not constitute an agreement between Rights Grantor and the Rights Grantee with respect to the granted Rights or the exercise of such Rights by the Rights Grantee. CPI does not, either through the terms of the Agreement or the provision of ChargePoint Services undertake to provide any such agreement. It is the responsibility of the Rights Grantor and the Rights Grantee to enter Into such an agreement on terms mutually acceptable to each. CPI expressly undertakes no liability with respect to such an agreement and Rights Grantor fully and unconditionally releases CPI from any liability arising out of such an agreement. Further Rights Grantor agrees to indemnify and hold CPI, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers harmless from and against any and all claims, actions, proceedings, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Claims") suffered or incurred by such Indemnified parties resulting from or arising out of such agreement. Page 20 of 20 25G-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE THIRD AMENDMENT TO AGREEMENT WITH NEC CORPORATION OF AMERICA, INC. FOR TELEPHONE SYSTEM MAINTENANCE (STRATEGIC PLAN NO. 7,213) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the City Council to execute a third amendment with NEC Corporation of America, Inc. to provide maintenance and support services for the City's telephone system for a one-year extension, beginning July 1, 2018, through June 30, 2019 with an optional one-year renewal, for an amount not to exceed $287,500, which is comprised of the sum of $250,000 for on -site labor and support services and 15% contingency of $37,500, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City uses an NEC telephone system to allow voice and facsimile communication with the public and City staff. The system consists of a network of 15 telecommunication systems that support every Department in the City. These systems are located at all City facilities. The systems are linked internally through the main City Hall telephone system and include over 2,000 telephones and approximately 2,220 voice, fax and modem extensions. In June of 2011, the City Council approved an agreement with NEC Corporation of America, Inc. to provide telephone maintenance, repairs and installation of replacement systems and services for City Hall and all off -site locations. The term of this agreement and its renewals will expire on June 30, 2018. The Information Technology Department is currently migrating the NEC system to a newer technology called Voice over Internet Protocol (VOIP) approved by Council March 6, 2018. This new technology routes voice communication over an organization's data network and the internet rather than using analog lines and the public switched telephone network (PSTN). The City is planning a phased migration from the old system to the new system over the course of several 25H-1 Third Amendment to Agreement for Telephone System Maintenance June 5, 2018 Page 2 years. The new system will be integrated with the NEC telephone system so that both systems can co -exist until all lines have moved completely off of the older system. In order to ensure a safe migration and proper function of this extensive system, it is recommended to contract for reduced maintenance services with NEC Corporation of America, Inc. until final phase over and migration is complete. NEC telephone maintenance and services include: on -site dedicated service technician to perform repairs, moves, additions and changes; 24-hour system monitoring and service response; replacement of defective telephone system equipment; providing engineering support; and providing new telephone equipment NEC Corporation of America, Inc. has provided excellent maintenance and service during the term of its agreement with the City. Staff recommends extending the current agreement for a one-year period beginning July 1, 2018, to ensure continued operation of the City's telephone system. This will be the third amendment to the agreement. This new agreement reflects a $46,250 annual reduction from the previous amount. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 — Team Santa Ana, Objective #2 (establish communications plans to engage and inform employees and the community about City Activities), Strategy D (Invest in software/resources that will help streamline the flow of information to City staff and the public). FISCAL IMPACT Funds in the amount of $287,500 are budgeted and available in the FY18-19 Information Technology Network and Telecommunications account for contractual services (account no. 10920140-62300). Jackffiulla Chie echnology Innovations Officer Info ation Technology Department Exhibit: 1. Third Amendment to Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez po Executive Director Finance and Management Services Agency 25H-2 Exhibit 1 THIRD AMENDMENT TO AGREEMENT WITH NEC CORPORATION OF AMERICA, INC. THIS THIRD AMENDMENT to the above -referenced agreement is entered into on June 5, 2018, by and between. NBC --Corporation of America, Inc. ("Vendor"), 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 No. A-2011-164, effective July 1, 2011 ("Agreement"), by which Vendor agreed to provide telephone system maintenance and equipment for the City's telecommunications systems. The term of the Agreement was for three years, from July 1, 2011 through June 30, 2014, with three additional one-year options exercisable by the City. B. The parties executed First Amendment No. A-2014-162 to exercise the first option and extend the term of the Agreement for an additional one-year period, from July 1, 2014 through June 30, 2015. C. The parties executed Exercise of Second Option No. A-2011-164-01, to extend the term of the Agreement for a second additional one-year period through June 30, 2016. D. By letter No. A-2011-164-02, dated June 1, 2016, the parties extended the term of the Agreement for a final one year period through June 30, 2017. E. The parties executed Second Amendment No. A-2017-138 dated June 6, 2017, by which the term was further extended to June 30, 2018, the scope of services was amended, and the amount to be expended under the Agreement was increased. F. The parties now wish to again extend the term of the Agreement, amend the scope of services, and to adjust the amount to be expended under the Agreement. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to read in its entirety: Vendor shall provide on -site labor and support services under the same terms and conditions of the original Agreement in the amount of 32 hours per week, (Monday through Thursday, 8 a.m. through 5 p.m., excluding Fridays). City reserves the right to unilaterally reduce or eliminate services on 30 days' written notice, provided that if City reduces the number of weekly hours below 24, services shall be provided on an as -needed, time and billing basis. Any reduction or elimination of services by City shall result in a proportionate reduction of the payment to the Vendor. Vendor shall be required to provide credit for any sick days only in excess of 10 annually. In the event of an annual holiday by Vendor, emergency call -out service shall be provided. Hardware replacement shall not be included, but hardware may be purchased from Vendor on an as -available basis. Page 1 of 2 25H-3 2. Section 2, Term, is amended to extend the Agreement for an additional one-year period beginning July 1, 2018, and ending,June-30, 2019. The term may be further extended for one (1) year upon a writing executed by the City Attorney and City Manager. 3. Section 3, Compensation, is amended to include, for both the additional one-year period and the optional one-year period, an additional $143,750 for on -site labor and support services to be performed by the Vendor. This sum is comprised of (1) the base fee of $125,000 and (2) a 15% contingency of $18,750. For any services provided on a time and billing basis, the cost shall be $105 per hour, with a trip charge of $75. 4. Except as modified by this Third Amendment, and all prior Amendments and extensions, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: V JgA& M.FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL JACK CIULLA Chief Technology Innovations Officer CITY OF SANTA ANA RAUL GODINEZ II City Manager NEC CORPORATION OF AMERICA, INC. Name: Title: Page 2 of 2 25H-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVE AGREEMENTS WITH APPLEONE, HB STAFFING, HELPMATES FOR TEMPORARY EMPLOYEE STAFFING SERVICES AND AUTHORIZE PAYMENT OF INVOICES TO STAFFMARK TEMPORARY STAFFING AGENCY {STRATEGIC PLAN NO. 7, 5E} r 1 CID ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of Council to execute the attached agreements with AppleOne, HB Staffing, and Helpmates for an initial three-year term beginning July 1, 2018 and ending June 30, 2021; with a City option for a two-year extension beginning July 1, 2021 and ending June 30, 2023 subject to non -substantive changes approved by the City Manager and City Attorney. The total amounts between these agreements is not to exceed $400,000 per fiscal year for a total compensation not to exceed $1,200,000 over the initial three-year period, and $800,000 over the optional two-year extension. 2. Authorize the City Manager and Clerk of Council to pay invoice to Staffmark for payment of outstanding invoices in an amount not to exceed $5,150.52. DISCUSSION The City issued a Request for Proposal (RFP) in February 2018 regarding the use of temporary staffing services. The purpose of this RFP was to identify qualified Contractor(s) to provide professional temporary staffing services for the City of Santa Ana's employment needs. The scope of the work outlined in the RFP includes the following: • The City department will call the Contractor(s) for temporary services and provide the title and any special skills or experience requirements; certain positions may require bilingual skills. The Contractor(s) shall provide temporary workers as required and approved by City departments to work at the various City of Santa Ana department locations. • The Contractor(s) will compare job requirements with worker qualifications and will email resumes and test results of temporary staff as requested. • The Contractor(s) will follow up with the City within two (2) hours to report the status of the name provided for City approval. If the Contractor(s) is unable to locate a qualified candidate 251-1 Agreements with AppleOne, HB Staffing, and Helpmates; and Processing of Staffmark Invoices June 5, 2018 Page 2 within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. • Once a candidate is selected and the hourly pay rate has been agreed upon, the Contractor(s) shall provide the City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City will then sign the proposal in approval. All invoices must include the agreement number. • The Contractor(s) shall provide temporary workers who have the skills required for the assignment. • The City reserves the right to end a temporary staffs assignment if work performed is substandard, attendance is poor, or for other business related reasons. The Contractor(s) shall remove any temporary worker from their assignment at the City's request, and at the time requested by the City, and a provide replacement temporary worker if required by the City. • The Contractor(s) shall be responsible for all decisions concerning matters of hiring, firing, discipline, payroll practices, and employee benefits such as vacation, sick and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees or agents of the City. • The Contractor(s) shall be responsible for communication with temporary workers with respect to their duties, as employees of the Contractor(s). • The Contractor(s) will provide the City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in the Proposal Pricing Sheet on Page 16. • Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 — June 30). The temporary staffing services will focus on the following City staffing needs: general administrative office support, executive / senior administrative office support, accounting and financial administrative support, legal secretary support, and other classifications as determined. This RFP resulted in 14 proposals from various staffing agencies. AppleOne, HB Staffing, and Helpmates were selected. Proposer evaluation scoring results are attached. The Clerk of the Council Office is also requesting authorization to pay outstanding invoices with Staffmark in an amount not to exceed $5,150.52 for temporary. staffing services rendered in February through the end of March of 2018. 251-2 Agreements with AppleOne, HB Staffing, and Helpmates; and Processing of Staffmark Invoices June 5, 2018 Page 3 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 E - Identify best practices and opportunities for process improvement and automation across City departments in order to provide effective and efficient delivery of City services to the community. FISCAL IMPACT Funds are budgeted and available in the various departmental Contractual Services — Professional account (no. 62300). The estimated maximum amount of expenditures in FY 2018- 2019, FY 2019-2020, FY 2020-2021, FY 2021-2022 (optional), and FY 2022-2023 (optional) shall be $400,000 per Fiscal Year. Funds are also budgeted and available in the Clerk of the Council FY 2017-18 contract services - professional account (01107031-62300) in an amount not to exceed $5,150.52 for payment of outstanding invoices. V' Steven V. ham Executive Director Human Resources Department Maria D. Huizar Clerk of the Council APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. RFP for Temporary Staffing Services (RFP No. 18-009) 2. Proposal Evaluation Scoring Results 3. AppleOne Proposal in Response to RFP 4. HB Staffing Proposal in Response to RFP 5. Helpmates Proposal in Response to RFP 6. Agreement between the City and AppleOne 251-3 Agreements with AppleOne, HB Staffing, and Helpmates; and Processing of Staffmark Invoices June 5, 2018 Page 4 7. Agreement between the City and HB Staffing 8. Agreement between the City and Helpmates 251-4 Exhibit 1. RFP for Temporary Staffing Services (RFP No. 18-009) REQUEST FOR PROPOSALS (RFP) FOR TEMPORARY STAFFING SERVICES RFP NO.: 18-009 CITY OF SANTA ANA Purchasing Division 20 Civic Center Plaza Santa Ana, CA 92701 Eva Goods, Buyer (714)647-6584 egoods n,santa-ana.ora KEY RFP DATES (Subiect to chance at discretion of Ci Issue Date: Tuesday, February 6, 2018 Deadline to Submit Questions: Tuesday, February 14, 2018 at 12:00 PM RFQ Final Addenda Issued (if required): Tuesday, February 20, 2018 RFP Due Date: Monday, February 26, 2018 at 2:00 PM City of Santa Ma RFP 18-009 �51.--5 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Temporary Staffing Services. Responses to this Request for Proposals (RFP) will be accepted until Monday, February 26, 2018 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 18-009 TEMPORARY STAFFING SERVICES IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL" City of Santa Ana Attn: Eva Goods, Buyer Purchasing Division 20 Civic Center Plaza, Room 429 Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic, or facsimile. All notifications, updates and addenda will be posted on the City's bid management and publications website at www.planetbids.com/i)ortal/Portal.cfm?comi)anylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. City of Santa Ana M 18-009 251-6 CITY OF SANTA ANA REQUEST FOR PROPOSAL 18-009 TEMPORARY STAFFING SERVICES TABLE OF CONTENTS I. GENERAL 5 A. TERM OF CONTRACT AGREEMNENT II. PROPOSAL TERMS AND CONDITIONS 5 A. EXAMINATION B. EXECUTION OF AGREEMENT C. PROPOSAL VALIDITY D. PRE -CONTRACTUAL EXPENSES 6 E. JOINT OFFERS/SUBCONSULTANTS F. REMEDIES FORNON-PERFORMANCE III INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS 7 F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. PROTESTS IV. SUBMITTAL REQUIREMENTS 8 A. SUBMISSION OF PROPOSAL B. NUMBER OF COPIES AND SIGNATURE C. DELIVERY OF PROPOSALS D. DEADLINE E. PROPOSAL CONTENTS V. PROPOSAL REVIEW 10 A. EVALUATION AND RATING B. SELECTION City of Santa Ana RFP 18-009 261-7 VI. AWARD OF AGREEMENT 10 A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VIII. PUBLIC RECORDS 11 APPENDIX ATTACHMENT 1: SCOPE OF WORK 12 ATTACHMENT 2: REQUIRED QUESTIONNAIRE 15 ATTACHMENT 3: COST PROPOSAL FORM 16 ATTACHMENT 4: SAMPLE AGREEMENT 18 ATTACHMENT 5: CERTIFICATIONS 25 City of Santa Ana UP 18-009 :g 48 I. GENERAL The City of Santa Ana is accepting proposals for Temporary Staffing Services, to be utilized on an as needed basis. The City intends to contract for a City -Wide Award that may be used by any department within the City requiring such services. A detailed Scope of Work is included in the Appendix of this RFP as ATTACHMENT 1. MINIMUM QUALIFICATIONS REQUIRED FOR PROPOSAL SUBMITTAL Firms who fail to meet the minimum qualifications set forth below should not submit a proposal; any such proposal shall be deemed non -responsive and not be considered. 1. Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP. 2. Firm must have a full-time service office in Southern California, preferably in Orange County, for the entire duration of the contract, including a physical address and applicable business license(s), where key staff such as project managers are located to ensure availability for meetings at City facilities as requested within a reasonable timeframe during normal business hours. A. TERM OF CONTRACT AGREEMENT The City desires to enter into a contract with the selected firm(s) for an initial three (3) year tern with a City option for one, two (2) year extension. This term is outlined in the Standard Consultant Agreement, as contained in ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required in this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT The City and the selected Proposer(s) will enter into an Agreement similar to that as shown in ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES City of Santa Ana UP 18-009 216i-9 Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. F. REMEDIES FOR NON-PERFORMANCE If in the opinion of the City, the awarded Proposer is non -compliant with agreement specifications or demonstrates non-performance of a specific assignment or assignments as described in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP, the Proposed shall immediately remedy such non- performance upon notification by the City or be subject to termination. A. CITY RESPONSIBILITIES 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 specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. 2. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing through the online bidding system by or before the "Deadline for Requests for Information" date noted on the cover page of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated in Section II.D. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, https://www.planetbids.com/i)ortaYi)ortal.cfm?companylD=20137. City of Santa Ana RFP 18-009 P9f6 210 E. LICENSES & PERMITS The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the sample agreement within ten (10) business days after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed Payment Information Packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City's website: http://www.ci.santa-ana.ca.Us/bids-rfWdefault.asn H. PRE -PROPOSAL MEETING A pre -proposal meeting if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question- and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section III.D: Addenda". (Not required for this RFP) I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. 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 minor inconsistency, informality or technical defect in the proposal. 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. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the Purchasing Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana M 18-009 JAI'-11 IV. SUBMITTAL REQUIREMENTS A. SUBMISSION OF PROPOSAL Proposals must be submitted to the Purchasing Office no later than the date and time stated on the RFP cover sheet. Proposals shall be reviewed and rated as set forth in the Proposal Review section of this RFP. The City will determine which proposal(s) best meet the City's requirements. B. NUMBER OF COPIES AND SIGNATURE Proposer shall provide four (4) hard copies and one (1) digital file on a labeled USB Flash Drive (or equivalent). One of the hard copies shall be marked as "ORIGINAL" and shall be signed by a company official with the power to bind the company. C. DELIVERY OF PROPOSALS Sealed proposals must be received in the Purchasing Office no later than the date and time specified on the cover page. LATE PROPOSALS WILL NOT BE ACCEPTED. City of Santa Ana Attn: Eva Goods, Buyer Purchasing Division 20 Civic Center Plaza, Room 429 Santa Ana, CA 92701 Proposals must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties in delivery. Delays due to various methods used to transmit the proposal, including delays by City internal mailing system, will be the responsibility of the Proposer. Delays due to inaccurate directions given, even if by City staff, shall also be the responsibility of the Proposer. D. DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. E. PROPOSAL CONTENTS Proposals shall adhere to the following format and must be divided into the individual sections listed below, indexed and tabbed. 1. Cover Letter The cover letter shall include a brief statement of intent to perform the services, qualifications for selection and signature of an authorized officer of the firm who has legal authority in such transactions. The cover letter must, at minimum, contain the following: • Identification of Proposer firm including name, address, telephone, email address, fax number and Federal ID number • Acknowledgement of receipt of any RFP addenda City of Santa Ana RFP 18-009 2 '12 • Name, title, address, email address and telephone number of contact person during period of proposal evaluation • Signature of a person authorized to bind firm to the terms of the proposal. Unsigned proposals shall be rejected. 2. Table of Contents Include a clear identification of material by section and page number. 3. Exceptions to RFP Terms and Conditions Any and all exceptions to the RFP must be listed on an item -by -item basis and cross-referenced with the RFP document. If there are no exceptions, Proposers must expressly state that no exceptions are taken. 4. Qualifications/Exuerience Response shall include a general overview of company's history, financial documentation, qualifications directly related to the services set forth herein and expertise necessary to perform all work. This section should clearly demonstrate company's experience and ability to meet all requirements for temporary staffing services. 5. Key StafF Response shall identify a project manager and key personnel who will be working with City staff during the agreement. Brief resumes and contact information, including phone number and email address, for individuals involved on the City's account should be included in the proposal. 6. References Provide a minimum of three (3) references for similar work that your firm has provided within the last three (3) years. For each project cited as related experience, include a detailed description of the services, the agency or firm names, contact names phone numbers, and dates of services performed. 7. Certifications The following forms, included in ATTACHMENT 5: CERTIFICATIONS in the Appendix of this RFP, shall be signed and included as part of the proposal submittal package: • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification 8. Questionnaire Provide responses to questions asked on ATTACHMENT 2: REQUIRED QUESTIONNAIRE 9. Pricing Proposal This section shall define the detailed pricing for the services. The City is interested in a pricing structure as set forth: City of Santa Ana RFP 18-009 Z51913 I. Asa mark-up percentage above the hourly pay rate for a particular position. 2. Describe in detail the direct hire fee structure for your employees that maybe later hired by the City, including the minimum number of hours that must be worked to waive any fees. Pricing shall remain firm for the entire first term of the Agreement. Thereafter, any proposed pricing adjustment for the follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90 days prior to the new Agreement term. City reserves the right to negotiate any pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles -Riverside -Orange County, CA; All Items; Not Seasonally Adjusted; annualized change comparing the most recent month's reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor's website at www.bls.gov.) V. PROPOSAL REVIEW A. EVALUATION AND RATING The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The City may invite the most qualified proposer to refine its proposal and negotiate a consultant services agreement. The criteria for evaluating the proposals submitted will take the following items into consideration: • Qualifications/Experience 40% • Proposal Pricing 30% • Methodology/Project Approach provided 20% • Responsiveness to the Request for Proposals 10% *The City reserves the right to conduct interviews with the highest -rated firm(s). In the event the City does perform an interview process, the additive weighting shall be 30%. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the proposer(s) who will provide the best quality and value to the City. The City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT City of Santa Ana RFP 18-009 1ti-14 A sample agreement is included as ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant' in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 18-009 2P51- 5 Appendix ATTACHMENT 1: SCOPE OF WORK A. OVERVIEW The purpose of this Request for Proposals is to identify qualified Contractor(s) to provide professional temporary staffing services for the City of Santa Ana's employment needs. Temps will work under the City's 9/80 work schedule (Monday to Thursday 9 hour workdays, Friday 8 hour workday and closed every other Friday). The City expends approximately $300,000 annually for Temporary Staffing Services, although the requirements will fluctuate during the agreement period. Current Contracts/ Purchase Orders: In the event that one of the current firms is not selected during this RFP process, there would then be a phase -out period, allowing those existing employees to complete their assignment with the City through the existing contract or purchase order. B. SPECIFICATIONS Contractor shall provide a comprehensive catalog of clerical, office, accounting and other related administrative support service options to the City. The Contractor further agrees to; Provide appropriate method to match the City's needs within the specified time frames. Coordinate all schedule work dates with City at least one business day before the start of assignment. Provide a detailed proposal and invoice, according to the specifications prescribed by the City department. The Contractor shall ensure the following prior to recommending any Temp for placement to the City: • Ensure that work authorization has been obtained and is current for individuals referred to the City for assignment via I-9 (employment eligibility verification) • Ensure that Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) • Ensure that temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services • Ensure that typing speed is at least 30 wpm and Microsoft Office abilities have been tested and are met with positive results as required • Ensure that temporary worker is bilingual when this is requirement for assignment C. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City department will call the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. City of Santa Ana UP 18-009 291-16 2. The Contractor will compare job requirements with worker qualifications and will email resume and test results of Temps as requested. 3. The Contractor will follow up with the City within two (2) hours to report status of provide name(s) for City approval. a. If Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City will then sign the proposal in approval. All invoices must include the agreement number. 5. Contractor shall provide temporary workers who have the skills required for the assignment. 6. City reserves the right to end a Temp's assignment if work performed is substandard, attendance is poor, or for other business related reasons. Contractor shall remove any temporary worker from assignment at City's request, and at the time requested by City and provide replacement temporary worker if required by City. 7. Contractor shall be responsible for all decisions concerning matters of hiring, firing, discipline, payroll practices, employee benefits such as vacation, sick and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees of agents of the City. 8. Contractor shall be responsible for communication with temporary workers with respect to their duties as employees of the Contractor. 9. Contractor will provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Proposal Pricing Sheet on Page 16. 10. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 — June 30). D. SERVICE CATEGORIES Please note the service categories listed in this document should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. General Administrative Office Support Temporary administrative support is responsible for but not limited to: opening and routing mail, answering phones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. Executive/ Senior Administrative Office Support In addition to the tasks required of General Administrative Office Support, temporary executive / senior administrative office support performs highly responsible secretarial and routine administrative duties in City of Santa Ana RFP 18-009 2 'i 7 the office of the City Manager, City Attorney or reports directly to an Executive team member with a higher level of professionalism and experience. Accounting and Financial Administrative Support Temporary accounting support is responsible for but not limited to reconciling accounting records, preparing accounting reports and budgets, reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness, producing reported work hours summary reports, posting accounting entries, summarizing accounting records, accepting and processing invoice payments. Legal Secretary Support Temporary legal secretary support performs a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures. Processes legal papers and documents in accordance with established procedures and formats. Performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. Other Classifications as determined City of Santa Ana UP 18-009 14 6i18 Appendix ATTACHMENT 2: REQUIRED QUESTIONNAIRE The following items must be completed and are required with your submittal: 1. Please provide a brief description of your agency's recruitment process for staffing. 2. A brief description of the agency's initial testing procedures or assessment for temporary staff including testing required by law (i.e. job specific, background checks, DMV checks etc.) 3. Explain your agency's verification of typing speed, testing for bilingual and MS Office abilities — how are these verified and tested by the agency? 4. Description of the benefits paid to temporary staff employees; list out by line if agency pays for this benefit or temp staff pays for the benefit including timeline of employment to receive benefit. 5. Please provide your process for temporary staff calling out sick, no shows, not working out (either on temporary worker side or City side) and returning City property. 6. Indicate below the name of the person who will be responsible for administering the contract, if awarded. Also include the person's title, telephone number, address and email address City of Santa Ana RFP 18-009 15 25119 Appendix ATTACHMENT 3: COST PROPOSAL FORM COST PROPOSAL FORM THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S WORK SCHEDULE AND DETAILED CRITERIA AS LISTED IN THE SCOPE OF SERVICES SECTION OF THIS REQUEST FOR PROPOSALS. ALL FEES AND EXPENSES MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, ETC. CITY OF SANTA PRICING ANA Hourly Pay Min Bill Rate Max Bill Rate Mark-up Overtime Bill Overtime. CLASSIFICATION Rate Rate Mark-up Administrative Assistant $ $ $ % $ Senior Administrative Assistant $ $ $ % $ % Office Specialist $ $ $ % $ % Accounting Assistant $ $ $ °/a $ % Accountant Accounting Specialist $ $ $ % $ Legal Secretary Provide markup percentage rate agency will utilize to negotiate prices for positions not listed above. % ' ; IZ DIRECT HIRE PLACEMENT I *Direct Hire Fee (Please Explain *Please explain briefly in detail your policy and pricing on the hiring of your temporary workers. City of Santa Ana RFP 18-009 91-2O PRICING' LIVE SCAN/BACKGROUND CHECK $ PRICING, Additional fee for BILLINGUAL7 $ (Name of Offeror) By: (Signature of Offeror's Representative) City of Santa Ana UP 18-009 2 PDA -111 Appendix ATTACHMENT 4: SAMPLE AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of 2018 by and between . ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of: 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 — Attachment 1, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation — Attachment 2. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a three year term with the option for the City to grant up to two one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES City of Santa Ana RFP 18-009 51-- 2$ 22 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 the 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. 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. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. City of Santa Ana RFP 18-009 2tf-' 3 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 City. iv. Consultant shall supply City with a fully executed additional insured endorsement. 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. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. 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 City of Santa Ana RFP I8-009 9v12024 this Agreement. 10. 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. II. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. In General. Consultant understands that its professional responsibility is solely to City. Consultant represents and warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this agreement. Consultant shall not employ or subcontract with a person having such an interest in the performance of this agreement. b. Subsequent Conflict of Interest. Consultant agrees that if an actual or potential conflict of interest on the part of Consultant is discovered after award, the Consultant will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Consultant has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Consultant shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. C. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. Neither Consultant nor any member of any Consultant's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Consultant's performance of the Scope of Work or authorizes funding to Consultant. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal City of Santa Ana RFP 18-009 2z25 opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. 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. 16. 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. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. 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. 19. PROFESSIONAL LICENSES City of Santa Ana RFP 18-009 M-26 Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 To Contractor: Sonia R. Carvalho 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: First & Last Name Title Consultant Firm Name Address City of Santa Ana RFP 18-009 2 �'17 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA Raul Godinez II City Manager Assistant City Attorney (title) Tax I RECOMMENDED FOR APPROVAL: MARIA D. HUIZAR Clerk of the Council CONSULTANT: EXHIBIT A SCOPE OF SERVICES (from Attachment I of RFP, and/or Consultant Proposal) [remove this note when assembling Agreement] EXHIBIT B FEE PROPOSAL, including hourly rates (from separately sealed envelope included with Consultant Proposal) [remove this note when assembling Agreement] EXHIBIT C CERTIFICATIONS (from Attachment 5 of RFP) City of Santa Ana RFP 18-009 Appendix ATTACHMENT 5: CERTIFICATIONS [remove this note when assembling Agreement] (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, communication, 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 County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City of Santa Ana RFP 18-009 2 -19 NON -LOBBYING CERTTFICATTON 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 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 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 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 conformance 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 subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: City of Santa Ana RFP 18-009 19630 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant 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 Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant 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 Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Consultant 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 Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant 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 invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana RFP 17-094 2 231 The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of 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 Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant 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 works 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 consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Finn: Date: City of Santa Ana, RFP 18-009 Page 28 251-32 Exhibit 2. Proposal Evaluation Scoring Results PROPOSER EVALUATION SCORING RESULTS Proposers* 22nd Century Committee Evaluation ScoresScores 87.43 Interview Evaluation WITHDREW Final Scores N/A Final Rank** N/A Midtown G 87.23 53.33 77.06 4 HB Staffing 86.85 98.33 90.30 1 Helpmates 86.25 75.33 82.98 2 AppleOne 82.56 70.00 78.79 3 Staff Today 80.80 Lyneer Staffing Solutions 78.75 Kimco 78.31 Amtec 78.29 eSolutions 77.90 Partners In Diversity 76.60 MuniTemps 71.73 My Next Career Path 69.62 Ronin Int'I 68.54 * Top five were selected to move on to the interview evaluation component ** Final Scores are comprised of the First Review (70%) and Interview (30%); top three final scores were selected 251-33 251-34 Exhibit 3. AppleOne Proposal in Response to RFP 0 A p p l e O n e CITY OF SANTA ANA !,1 HirireglVladeHuman' 'AIM This submission includes data that shall not be disclosedoulside the Government and shall not he duplicated, used cr dlsdosed- in wWe min part -!m any purpose other than to evaluate this quotation. If, however, a contract is awarded to this quoter as a result of,, min connection with4 the submission of this data, the Government shallhave the right to duplicate, use, m dsdose the da! o xt rdedin the resularg contract ibis msb¢tion does not limit the Government's right to use iNortnation contained inf r�j�res ' ed from anather swore wilhm# msbictrm City of Santa Ana RFP 18-009 Services City of Santa Ana Attn: Eva Goods, Buyer Purchasing Division 20 Civic Center Plaza, Room 429 Santa Ana, CA 92701 Subject: Response to Request for Proposal —Temporary Staffing Services ,a Apple®ne Hiring Made Human' 28 February 2018 AppleOne welcomes the opportunity to present our response to the City of Santa Ana (City). As one of the largest privately held human capital management companies in the United States, the ACT•1 Group/AppleOne has over 250 offices throughout North America to support recruiting and bring local labor market knowledge and talent to the City. Per the requirements of the RFP, our Federal ID Number is 95-2580864. AppleOne will provide the City with day-to-day project management from our AppleOne office in Huntington Beach, California located at 16371 Beach Blvd., Ste. 100, Huntington Beach, CA 92647, where primary point of contact and Project Manager, Ms. Teresa Wilkins will facilitate follow-up and follow through, attend meetings, coordinate resources, services and support and is available directly at (714) 848-2610 or twilkins(@appleone.com. AppleOne will provide the City with excellent service that presents lasting solutions while remaining cognizant of the taxpayer's dollar. AppleOne acknowledges receipt, review of this solicitation, and all Amendment(s) issued by the City. If you have any questions regarding the enclosed, please feel free to contact Government Solutions by phone at (866) 493-8343, by fax at (714) 596-7798, or via email at GoySOIutions@AppleClne.COm. AppleOne's proposal centers around three important and interconnected themes: continuity, competence, and responsiveness: Continuity. Our proposal builds from the experience and successful accomplishments from our current and past support of federal agencies and commercial clients. AppleOne is positioned to provide the City with highly skilled and experienced personnel who will support all of the performance requirements of the City contract. We have a proven track record in customer support, customer relationship management, and on budget and on - time delivery of very large-scale enterprise programs. Competence. Our management team and key experienced personnel are all highly knowledgeable and skilled in supporting all aspects of the City contract. We look forward to providing quality service while enhancing existing systems. Our team embodies the full range of expertise required to perform all project tasks, as contemplated by the proposed RFP requirements, at the highest level of competence and effectiveness. AppleOne strives to deliver business solutions that meet the City's vision, mission, and long-term goals. Responsiveness. A key to our success is our capability and willingness to mobilize required resources quickly to organize and perform time -sensitive assignments. This emphasis on agility and responsiveness to client needs is a hallmark of AppleOne's client -centered approach to project management. We offer similar responsiveness in our proposed approach to the City contract, and this will be a major feature of the services we will provide to the City. AppleOne's proposal reflects our many years of proven innovated processes that are benchmarked by ISO 9000 principles. Our management plan delivers value via efficiency through our program technology that supports Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP U18-009 P a g e I i 251-36 City of Santa Ana 0 Apple®ne RFP 18-009 Temporary Staffing Services Hiring Made Human' better management insight into resources, real time status on processing, and report generation via electronic management dashboards that combine to drive ongoing efficiencies for our clients. It is our hope your final evaluation will reflect upon our innovation, which is an investment on our part at no cost to the City. Further, we present to you a secure integrated industry -leading program that proactively addresses vulnerabilities immediately, and is implementable with measurable results, within your budget constraints. Thank you for considering AppleOne for yourtemporary staffing needs. We lookforward to working with the City, and will do everything necessary to ensure that AppleOne contract delivery is positive, productive and long- term, and most importantly, fulfills the objectives of the City. Sincerely, Carlton G. Bryant, Executive Vice President AppleOne Employment Services Use or disclosure of do to contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e III 251-37 City of Santa Ana DApple®ne RFP 18-009 Temporary Staffing Services Hiring Made Human' TABLE OF CONTENTS Include a clear identification of material by section and page number. 1. COVER LETTER....................................................................................................................................................... i 2. TABLE OF CONTENTS...........................................................................................................................................1 3. EXCEPTIONS TO RFP TERMS AND CONDITIONS..................................................................................................2 Any and all exceptions to the RFP must be listed on an item -by -item basis.....................................................2 4. QUALIFICATIONS/EXPERIENCE............................................................................................................................3 Overviewof company's history ...........................................................................................................................3 FinancialDocumentation.....................................................................................................................................3 Qualifications directly related to the services and expertise necessary to perform all work ............................4 Experience and ability to meet all requirements for temporary staffing services . ............................................ 5 S. KEY STAFF.............................................................................................................................................................8 Project manager and key personnel who will be working with City staff during the agreement.....................8 Brief resumes and contact information for individuals involved on the City's account . .................................... 8 RESUME —Teresa Wilkins................................................................................................................................9 RESUME—Liliana Smiggs...............................................................................................................................10 RESUME— Rick Hagmann...............................................................................................................................11 6. REFERENCES.......................................................................................................................................................12 References for similar work that your firm has provided within the last three (3) years................................12 7. CERTIFICATIONS.................................................................................................................................................13 Non -Collusion Affidavit......................................................... ..................................14 Non-LobbyingCertification................................................................................................................................15 Non -Discrimination Certification.......................................................................................................................16 8. QUESTIONNAIRE................................................................................................................................................18 1. Agency's recruitment process for staffing.....................................................................................................18 2. Agency's initial testing procedures or assessment for temporary staff.......................................................20 3. Agency's verification of typing speed, testing for bilingual and MS Office abilities....................................22 4. Description of the benefits paid to temporary staff employees...................................................................23 5. Process for temporary staff calling out sick, no shows, not working out . .................................................... 25 6. Person who will be responsible for administering the contract, if awarded . ............................................... 26 9. PRICING PROPOSAL...........................................................................................................................................27 1. As a mark-up percentage above the hourly pay rate for a particular position............................................27 2. Direct hire fee structure..................................................................................... Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 11 251-38 City of Santa Ana RFP 18-009 Services 0 Appleone HirinrrB7ade Haman' Any and all exceptions to the RFP must be listed on an item -by -item basis and cross-referenced with the RFP document. if there are no exceptions, Proposers must expressly state that no exceptions are taken. AppleOne submits the following exceptions and proposed changes to Attachment 4: Sample Agreement. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. If there is any dispute regarding Ppayment need nn.,�rip for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City, this can be determined mutually by the parties, through arbitration, or in a court of law. a a ZfJ e tion 8, indemnification Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, �••"'g. �to the extent caused from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. If there is any dispute regarding pPayment "^'.,ccd net hp hp made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, this can be determined mutually by the parties, through arbitration, or in a court of law. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 12 251-39 City of Santa Ana RFP 18-009 Services Overview of company's history 0 Apple®ne Hiring Made Human' AppleOne AppleOne is a privately held corporation, which was founded in 1964 and �0 incorporated in 1968 by its then President, Bernard Howroyd. Mr. Howroyd created an agency that would meet an emerging market for both direct hire and temporary staffing augmentation. Over the last 52 years, AppleOne has provided the best in temporary staffing and is currently supporting over 250 government entities at the Local, State, and Federal levels. Later joined and now led by Chief Executive Officer Janice Bryant Howroyd, AppleOne has grown from a single - desk staffing agency to 225 brick and mortar offices in every major city in the United States to become the largest privately held, woman and minority owned workforce management company in the nation. Supported by more than 2,000 internal employees, AppleOne annually processes hundreds of W2's, places over 145,000 people at thousands of clients throughout the United States and 19 countries. AppleOne wholeheartedly welcomes the opportunity to build a solid and long-term relationship with the City in providing high quality Temporary Staffing Services. AppleOne has a substantial history of partnering with public sector clients to improve the level of service on time and within the approved budget. We know that having the best in temporary staffing services is integral to the success of the City. AppleOne's precise and comprehensive methods for providing staffing services to the City and will ensure that the City obtains the maximum projected value for each tax payer dollar of expenditure. AppleOne is a nationwide full -service staffing firm that provides temporary, temporary -to -hire, and direct hire services across several occupational categories: • Information Technology (IT)/Technical • Human Resources • Data Entry/Data Processing • Call Center/Customer Service • Administrative/Clerical • Marketing/Graphics • Legal • Light Industrial • Finance/Accounting/Insurance • Executive • Operations • Engineering Financial Documentation AppleOne has included our most recently audited financial statements immediately following this section. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 13 251-40 City of Santa Ana RFP 18.009 Services ,o Apple®ne HiringAladeHuman' Qualifications directly related to the services set forth herein and expertise necessary to perform ail work. AppleOne is one of the largest privately held human capital management companies in the United States, with more than 2,000 full-time staff and over 200 locations throughout North America. ®Nnalt, or.%pphi Atr LrsemimK AppleOne, which is the wholly -owned subsidiary of the ACT-1 Group, Inc., has an extensive history of partnering with public sector and non-profit clients, all the while, collaborating to continually evaluate and develop new, innovative and creative ways to continue improving the level of service that is provided to our customers, as well as improve their bottom line. As evidence of our understanding of the Scope of Services, AppleOne provides the City with the following: • A proven track record with similar work completed for other governmental entities. • Direct experience building and implementing oversight programs and processes. • Clear understanding and vision of integrated accounting applications. • Capable, knowledgeable staff and a proven organizational structure aligned with project/program activities. We pride ourselves on being an honest broker for our customers—AppleOne puts the City's needs first. • A management approach including experienced staff and proven processes. AppleOne's highly regarded five -decade track record and strong knowledge base will be brought to the City program. AppleOne possesses the business acumen to work with various internal and external team members engaged in complex initiatives. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 14 251-41 City of Santa Ana RFP 18-009 0 Apple®ne HiringilfadeHuman` AppleOne is a platform -independent, vendor neutral, provider of scientific, engineering, and systems integration services. We have a reputation for exceeding customer expectations. Our people are empowered, with proper audited safeguards to deliver outstanding value and productivity and to go the extra mile for our customers. We draw on a wealth of technology and integration experience to better serve our customers. We do all this with the constant and deliberate commitment to ethical performance and integrity that has marked AppleOne since our founding. AppleOne's primary business involves government wide contracts for federal and state governments which are similar in their nature to the proposed City staffing contract. Several of those customers in other government related or government regulated services are included in our response. AppleOne performs on these contract tasks daily. We bring a wealth of experience for providing oversight programs for complex recruitment solutions to governmental, commercial, educational, and non-profit entities, and have done so for over 50 years. AppleOne understands the purpose of the City's Temporary Personnel Services and is ready to provide, day one, the City with augmentation of clerical, professional, IT and police administrative staff to handle unique and immediate City needs. AppleOne has hundreds of professional and technical staff within the immediate and surrounding areas of the City and thousands of employees nation-wide, available to meet immediate needs. Experience and ability to meet all requirements for temporary staffing services. AppleOne has been performing the services required by this Request for Proposal for more than 50 years. Our principal line of business is human capital management, which includes temporary, temporary -to -hire, and direct -hire services. AppleOne has provided similar staffing services to numerous agencies with environments similar to the City, including: San Diego Transit Corporation Alameda Health Systems City of Sunnyvale, CA County of Los Angeles Alameda County Water District City of Mountain View City of Elk Grove, CA San Diego County Credit Union Currently, AppleOne services over 250 public sector entities. A representative list is provided below: Atlanta Housing Authority County of San Diego, California Cal State Fullerton (CSUF) County of Tarrant, Texas California Office of Administrative Hearings Denver Housing Authority City Attorneys Office, Oakland, California Georgia Department of Community Affairs City of Anaheim, California Georgia Department of Revenue City of Berkeley, California Gilroy Unified School District, Gilroy, California City of Glendale, California Greater Orlando Airport Authority City of Houston, Texas Las Vegas Valley Water District City of Mountain View, California Los Angeles Airport Authority City of Pasadena, California Los Angeles Unified School District City of Riverside, California Nevada Power City of San Bruno, California Orlando Public Utilities Commission City of San Carlos, California Pinellas County Unified School District Contra Costa Community College District Port of Los Angeles County of Contra Costa, California Sacramento Metropolitan Utility County of Gwinnett, Georgia Sam Trans County of Hennepin, Minnesota San Diego Water District County of Houston, Texas South Coast Air O,uality Management District County of Johnson, Kansas Southern California Water Company Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP N18-009 P a g e Is 251-42 City of Santa Ana Apple®ne RFP 18-009 Temporary Staffing Services Hiring Made Human' County of Los Angeles, CDC Southwest Gas County of Los Angeles, Coroner's Office State Compensation Insurance Fund, California County of Los Angeles, District Attorney State of Colorado County of Los Angeles, Internal Services State of Nevada County of Los Angeles, Public Defender State of Utah County of Los Angeles, Sherriff Sunnyside Unified School District, Tucson County of Los Angeles, Superior Courts Superior Court of Arizona in Pima County County of Maricopa, Arizona Tucson Unified School District County of Orange, California US Department of Agriculture, Forestry Service County of Orange, Florida US Department of the Treasury, FedSource County of Orange, Superior Courts, California University of Miami, Florida County of Riverside, California, Village of Wellington, Florida County of Sacramento, California Washington State Department of Transportation County of San Bernardino, California AppleOne's approach to providing services to the City is comprehensive, and based upon our decades of experience of public sector service. Our service plan includes the following key components. Account Management AppleOne offers proven processes and procedures that have been used effectively to provide highest quality, professional staffing services for its public sector client base. Our account management approach incorporates implementation, transitioning of current temporary employees and/or on -site support as needed. Job Order Fulfillment The job order filling procedures at AppleOne are based on our in-depth knowledge of the needs of Government entities and dedication to gaining and maintaining an understanding of your unique staffing needs. In addition, AppleOne can customize our recruitment and matching processes according to projected staffing requirements in order to further ensure that qualified candidates are available. Candidate Sourcing and Assessment One of the reasons forAppleOne's continued success in quickly supplying high -quality staff is our recruiting and matching processes. AppleOne employs management practices designed to quickly recruit and hire skilled professionals for any position, which is critical to our business success. Background Screening Prior to sending an employee to work forthe City, the AppleOne Account Management team, in conjunction with the appropriate the City representative(s), will evaluate what pre -employment background screening will be utilized. AppleOne assures the City that our screening services will meet the most rigorous requirements. Quality Assurance To ensure that our performance meets the City requirements, AppleOne will use the processes established in our proven Quality Control Program. The overall purpose of AppleOne's Quality Control Program is to guarantee that AppleOne provides its clients, such as the City, with the level of service they expect from a leader in the employment services industry. Billing and Invoicing AppleOne will process all time sheets and paychecks and provide the City with accurate, concise and timely invoices. If the City requires changes to the invoicing process during the term of the contract, AppleOne will work with the appropriate the City representative(s) to modify its invoice process and ensure that AppleOne Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 16 251-43 City of Santa Ana Apple®ne RFP 18-009 Temporary Staffing Services HirinriMadeHuman' remains fully compatible with the invoice processing requirements of the City. This includes the related invoicing and management reports as required by the City. Our service plan is tailored to ensure that AppleOne meets the City's service requirements. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 17 251-44 City of Santa Ana J Appie®ne RFP 18-009 Temporary Staffing Services HfringiVadeHuman' 5., KEY STAFF Project manager and key personnel who will be working with City staff during the agreement. AppleOne has comprised a team who will oversee account management and work to ensure the City's satisfaction. The proposed AppleCine team consists of staff with proven experience applying "best practices" within the human capital resources industry. The City will be directly serviced by AppleOne's Huntington Beach branch, which in turn is supported by corporate management. Following is a description of key individuals on the management team. .Wilkins Ms. Teresa Ms. Liliana Smiggs Mr. Rick Hagmann Project Manager Assistant Project Manager Director of Government Services AppleOne Huntington Beach AppleOne Huntington Beach ACT-1 Government Solutions 16371 Beach Blvd., Ste. 100 16371 Beach Blvd., Ste. 100 16371 Beach Blvd, Suite 240 Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 Phone: (714) 848-2610 Phone: (714) 848-2610 Office: (866) 493-8343 Email: twilkins@aooleone.com Email: hn iggs@aooleone.com Email: GovSolutionsPaooleone.com Brief resumes and contact information, including phone number and email address, for individuals involved on the City's account. Ms. Teresa Wilkins will serve as the primary point of contact (POC) for the City. As the Branch Manager of the AppleOne office in Huntington Beach, Ms. Wilkins brings years of professional experience. She will manage the day-to-day processes, including testing, screening, and ensuring all temporary employees are fullytrained and qualified, have the skills requirements needed for positions, and are performing up to standard for the City. Ms. Wilkins will gather all necessary information needed to recruit, screen, evaluate, and qualify candidates who possess the required skills to be productive at the City. Ms. Wilkins will be directly supported by the Assistant Project Manager for this contract, Ms. Liliana Smiggs, as well as the area branch staff, and AppleOne's dedicated Government Solutions Division. Ms. Liliana Smiggs will serve as backup POC. As an Executive Account Manager, Ms. Smiggs has been instrumental in developing strong alliances within both the public and private sectors. The services Ms. Smiggs provides to clients include, but are not limited to, candidate recruitment, testing, screening and job order fulfillment. Ms. Smiggs will be primarily responsible for recruiting and applicant development, and will provide special recruiting services to support the City. Additional duties will include: staff performance and accountability, client fulfillment oversight, maintenance and expansion of qualified applicant pool, ongoing training and development of all team members, and ensuring that clients receive quality service at all times. Mr. Rick Hagmann, Director of Government Services will be assisting as the primary contact regarding all contract -related issues. Mr. Hagmann leads teams responsible for proposals, centralized recruiting, compensation, payroll, benefits administration, employee relations, contract interpretation, performance management, program management, policy administration, and general human resource and staffing operations. Resumes for all three (3) team members have been included immediately following this section. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 18 251-45 City of Santa Ana RFP 18-009 Temporary Staffing Services Hiring Made Human' RESUME —Teresa Wilkins AppleOne 16371 Beach Boulevard IIrringtladelluman' Huntington Beach, CA 92807 Teresa Wilkins Branch Manager Phone — (714) 848.2610 Fax — (714) 843.2607 E-mail — twilMns@appleone.com Teresa Wilkins has been a Branch Manager for AppleOne for 4 years and has serviced multiple high -volume accounts. Prior to AppleOne. I was a small business owner/stay at home Mom and prior to that I was a Human Resources Director for 7 years. Branch Manager APPLEONE EMPLOYMENT SERVICES April 2014 • Present Huntington Beach Responsible for maintaining profitable area consisting of 3 branch offices in accordance with the projections, policies and procedures developed by the AppleOne Management Team. Maintains all responsibilities of working an individual sales desk. Effectively recruits, interviews and hires branch personnel to growl sales team while extending coaching and leadership support to enhance productivity. Maintained office operations in accordance with ISO certification requirement • Provide direction and leadership to all staff members in multiple branch locations • Develop and maintain a strong sales cycle to ensure strong business relationships with new and existing customers • Set goals and minimum standards for all Account Executives • Ensure all staff members meet and exceed minimum standard requirements • Accompany Account Executives in field with client presentations • Hold Quarterly and annual reviews with all employees to ensure goals are met • Actively participate in the calculation of annual budgets for multiple branch locations • Responsible for P&L management for multiple branch locations • Responsible for maintaining adequate staff in branches, maintaining a proactive recruiting campaign, and providing ongoing training and development of all team members Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP U18-009 Page 19 251-46 City of Santa Ana App'eo ee RFP 18-009 Temporary Staffing Services Hirin_q Made Human' RESUME— Liliana Smiggs AppleOne IfiringaradeIruman' 16371 Beach Boulevard, Suite 100 Phone-714-848.2610 Huntington Beach, Ca 92647 E-mail—lilianasmiggs@appleone.com Liliana Smiggs Executive Account Manager Liliana has been an Executive Account Manager far AppleOne for 14 years and has serviced multiple high - volume accounts. Prior to AppleOne, Liliana Smiggs was Account Specialist for Manpower. Prior to that, Liliana Smiggs was Account Specialist for Starr Staffing for 2 years. Executive Account Manager APPLEONE EMPLOYMENT SERVICES 2004 - Present Santa AnalHuntington Beach Responsible for maintaining profitable area consisting of 3 branch offices in accordance with the projections, policies and procedures developed by the AppleOne Management Team. Maintains all responsibilities of working an individual sales desk. Effectively recruits, interviews and hires branch personnel to grow sales team while extending coaching and leadership support to enhance productivity. Maintained office operations in accordance with ISO certification requirement • Provide direction and leadership to all staff members in multiple branch locations • Develop and maintain a strong sales cycle to ensure strong business relationships with new and existing customers • Set goals and minimum standards for all Account Executives • Ensure all staff members meet and exceed minimum standard requirements • Accompany Account Executives in field with client presentations • Hold Quarterly and annual reviews with all employees to ensure goals are met • Actively participate in the calculation of annual budgets for multiple branch locations • Responsible for P&L management for multiple branch locations • Responsible for maintaining adequate staff in branches, maintaining a proactive recruiting campaign, and providing ongoing training and development of all team members Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP 018-009 P a g e 110 251-47 City of Santa Ana CApple®ne RFP 18-009 Temporary Staffing Services HirinrJMade Human' RESUME — Rick Hagmann Appleone phone: (866)4938343 16371 Beach Blvd, Suite 240 Fax: (714) 59&7798 Huntiniibn Beach, CA 92647 E-mail: aovnotices6.ilaini.com Rick Hagmann PROFESSIONAL HISTORY- AppleOne Employment Services — Huntington Beach, CA 07/2007 — Present Direcor of Gimernme nt Sendms • Originally hired as Manager of Government Implementation and Special Accounts, promoted to Sr. Manager of Government Services, and ultimately Director of Government Services. • Lead teams responsible for proposals, centralized recruiting, compensation, payroll, benefits administration, employee relations, contract interpretation, performance management, program management, policy administration, and general human resource and staffing operations. • Suceessfullc recruit and manage all levels including: IT, Engineering, Scientific, Business Professional, M1feelical, Legal, Industrial and Administmfive (exempt and non-exempt), for multiple govcmment agencies, contractors and die private sector. • Tmvel with unescorted access to secure federal gmemment facilities seeing as on -site Senior Program Manager, Human Resource Business Partner and main point of contact Responsible for employee relations, annual reviews, staffing, onboarding, investigations, terminations and other employment/luuuan resource functions. • Ensure company complies and adheres with all employment odes and regulations of the federal government as hell as specific state and city laws and ratings that may exceed fedeml requirements. • Represent company at pre -hearing conferences of federal and state labor boards and EEOC mediations. • Oversee staffing contract transitions, administration, implementation, compliance and quality assurance for both foderal and non-f'edertl government entities throughout the United States. Super Color Digital — Irvine, CA 07/2006 — 03/2007 A-ojectManager • Create and execute project work plans and revise appropriately to meet changing needs and requirements. • identify resources needed and assign individual responsibilities. • Manage dap -to -day operational aspects of multiple projects and scopes. • Review quotes, orders and final products/projects prepared by team before passing to cliant. • Ensure project documents are complete, cum nt, and organized appropriately. Solutions Industrial Innovations— Rancho Santa Margarita, CA I I12000— 1112005 NabonallasideSales& CustomerService Manager • Responsible for hiring, training and managing Inside Sales/Custonier Service departments Regional Sales Manager, Australia, New Zealand and Asia Pacific • Establish strong salesldistribution channels eels in assigned geogmphy and managing distributor activities. Special Projects Manager • Design and implement inventor• cwnmpany-wide location system for all items. ,EDUCATION _ CHAPM-AN UNIVERSf1Y, Orange, CA • Graduate Courstrvork in Humin Resource Manngement & Organizational Leadership/Development • BachclorofArts, Business Communication Page 1 of 1 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e i 11 251-48 City of Santa Ana AppleOne RFP 18-009 Temporary Staffing Services Hiring MadeHuraan' Provide a minimum of three (3) references for similar work that your firm has provided within the last three (3) years. AppleOne submits the following three (3) professional references as evidence of our experience in providing similar services to those requested by the City. OC Public Works We HIF,141OLIMMAI Christine Knapp MIROgNijou'l714-955-0632 F • • 10/01/2017 to Present ' • • F Staffing of temporary positions, including Secretary II. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 112 251-49 City of Santa Ana Appleone RFP 18-009 Temporary Staffing Services HirhWMadeHuman' The following forms, included in ATTACHMENTS: CERTIFICATIONS in the Appendix of this RFP, have been signed and included immediately following this page: • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 Appleone Response to RFP #18-009 P a g e 113 251-50 City of Santa Ana RFP 18-009 Services Non -Collusion Affidavit 10 . . Hiring Made Human' Appendix ATTACHMENT 5: CERTIFICATIONS [remove this note when assembling Agreement] palm aeR (-flat (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In confommnce 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, communication, 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 we; 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 Aflidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subjefft tie cchUficr to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by . proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City of Santa Ana RFP I8-009 Page 25 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP#18-009 Page 114 251-51 City of Santa Ana RFP 18-009 Services Non -Lobbying Certification Appleone Hiring Made Human' 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 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 orCongress, an officer or employee of Congress, or an employee of a Member of Congress in connection with die awarding of any Federal contract, the snaking 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 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 ail 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 conformance 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. 71se prospective participant also agrees by submitting his or tier bid or proposal that Ire or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed S100,000 and that all such subrecipients shall certify rupd disclose accordingly. Chief FinaTchil •r icer Firer: _APB s • Hon tloyntcnt Services Date; �7--;ZL-/ City of Santa Ana RFP 1 "09 Page 26 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 Apple One Response to RFP #18-009 P a g e 115 251-52 City of Santa Ana RFP 18-009 Services Non -Discrimination Certification 0 Appleone Hiring I'Made Human' The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant 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 Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant 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 Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary ofLabor. 5. The Consultant 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 hislher 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 Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant 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 invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana RFP 17-094 Page 27 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 116 251-53 City of Santa Ana Apple®ne RFP 18-009 @� M Temporary Staffing Services HirincgilladeHuman' The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of 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 Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant 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 Starts. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works 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 consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. �9 Signed: Title: _Chief Financial Officer Firm: —Atpol a nn I'mplaymcnt Services Date: R- X� .12 City or Santa Ana, RFP 18-009 Page 28 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 Apple One Response to RFP 418-009 P a g e 117 251-54 City of Santa Ana Apple®f e RFP 18-009 Temporary Staffing Services FJ'iringbladeHuman' e Provide responses to questions asked on ATTACHMENT 2: REQUIRED QUESTIONNAIRE 1. Please provide a brief description of your agency's recruitment process for staffing. A. CANDIDATE RECRUITMENT One of the reasons for AppleOne's continued success in quickly supplying high -quality staff is our recruiting and matching processes. AppleOne will use its proven recruiting practices and implement a staffing and recruiting plan that reflects industry trends in technology, skill demands, and compensation structures. AppleOne employs management practices designed to effectively recruit and hire skilled professionals for any position, which has been vital to our business success. Factors such as environment, structure, culture, tasks and goals are all important considerations for obtaining the best qualified candidates. Through department needs analysis and benchmarking, we are able to recruit candidates who not only meet the needs of the City, but identify candidates with the strongest likelihood to succeed in your particular working environments. Hence, we can proactively recruit, hire, train and retain quality personnel for the City. Recruiting efforts will include identifying and screening potential, highly qualified personnel from the open market. We use powerful proprietary systems, such as JobCaster, which assists AppleOne's recruiting professionals in writing and placing employment advertisements. We also employ on-line registration and database systems that allow us to aggregate and maintain a vast pool of local, qualified candidates, giving our Huntington Beach branch instant access to the right people at the right time. B. PROPRIETARY RECRUITING TOOLS Technology has a key role in the success of AppleOne's service offerings. AppleOne achieves the highest level of effectiveness and economy in delivering precisely targeted staffing solutions by integrating all staff member's experience and expertise with cutting -edge technological resources developed in-house by AppleOne's staff. These tools include: JobCaster: JobCaster is a powerful proprietary system which is utilized for enhancing the database of available candidates to fill job orders from the City. JobCaster speeds the recruitment process by assisting with the writing and placing of advertisements. Once the job posting is composed it is broadcast to more than 75 of the most popular career sites on the World Wide Web. These websites include, but are not limited to, AppleOne.com, Monster, Career Builder, Alta Vista, AOL.com, America's Job Bank, EmployU.com, ProHire.com, Vault.com and GO Jobs. JobCaster can be customized to target specialized career web -sites most appropriate to the job classifications needed. AppleXpress: On-line Registration. AppleOne uses an automated client/server tool, AppleXpress, to intake and store qualified applicant resumes. Relevant information on all potential candidates, including resumes and personal profiles gathered from each expertly structured candidate interviews, is entered into the AppleXpress system, where they can be filtered according to a customized pre-screening process. This process can include customized searches for applicants based on location, skills, education, salary range, experience, key words, and other qualifications the City may request. AppleXpress even allows clients to search AppleOne's pre -qualified candidate base from their own computers. As a further time saving measure, each applicant's information is received directly into AppleOne's Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP#18-009 Page 118 251-55 City of Santa Ana �/ Apple®ne RFP 18-009 H'� M Temporary staffing Services Hiring Made Human' Office Automation database digitally, making their information instantly available to AppleOne's clients, reducing the need to transcribe information into the system. As one of the proprietary systems at AppleOne, AppleXpress is a revolutionary tool that allows clients the opportunity to identify candidates, schedule interviews and dispatch temporary associates in one comprehensive solution. Figure 2. AppleOne's Proven Recruiting Systems Partnerships with Local Colleges Review Interviewand r-, Resume Evaluate Position FiOed Social Media Job Post I Ilatioonall Rccrut ts Office Automation: AppleOne utilizes a software system called Office Automation (OA). This internal management software database allows our staff to index information on our temporary associates' and client companies, which in turn is shared on our network. Using this software, AppleOne can easily track and match candidates, allowing our branch offices to quickly select a pool of temporary associates from our entire national network. Using Office Automation, AppleOne fully services our clients, including large organizations with locations across the country. Office Automation also has the ability to download resumes from the Internet or via e-mail and generate client reports. In addition, all correspondence with both the client and the associate is documented in our database. All job orders are entered into the system once they are received. Afterwards, all assigned temporary associates' information can be input using Office Automation's Interview Screen, thus enabling this information to be reviewed. All relevant data is updated in the system on a continual basis, making the most current facts available for retrieval in a variety of different client reports. Another feature available through Office Automation is payroll, which can be processed for all temporary candidates. Each candidate's payroll information is entered at the branch level and then transmitted to our Corporate Office where it is processed and paychecks are issued. The payroll information is stored in the system and again is easily retrievable in many different forms. Universal Search: As an added value to our clients, AppleOne offers our proprietary software, Universal Search. A recent addition to our proven Office Automation placement technology, Universal Search is a network portal which allows our recruiting professionals to respond to our clients' needs with unprecedented speed and precision by tapping into an exponentially larger candidate pool to capture more precise results with a faster delivery. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP U18-009 P a g e 119 251-56 City of Santa Ana RFP 18-009 Services 0 Appleone Hiring Made Human' Universal Search ensures rapid, reliable, high -quality staffing solutions as this function expands the automated applicant sourcing process beyond simple names, resumes and contact details. This software scours through the nearly one million candidates in AppleOne's database of detailed personnel profiles gathered from expertly structured associate interviews to include personalities, temperaments and strengths, as well as backgrounds and activity comments left by other AppleOne account managers. Qualified candidates are quickly tracked and identified, staffing vacant positions more quickly and efficiently than ever before. This translates into an immediate, positive benefit, both operationally and financially for our clients. C. OTHER RECRUITING RESOURCES We also use "direct recruiting' which involves asking each person we contact to suggest other qualified candidates, and, as an incentive, we authorize an employee referral program. AppleOne's commanding referral rate of nearly 60%distinguishes AppleOne from any other company in the staffing industry. Once AppleOne's applicants see they can better achieve their goals through AppleOne, they often refer an average of two more applicants of equal and exceeding caliber. Other recruiting techniques employed by AppleOne include participation in careerfairs and in college relation programs; human resources consortia; and state and local government recruiting forums. Key to AppleOne's recruitment process is our progressive, employee -oriented compensation and benefits policies; opportunities for professional growth; and internal/external training programs in technology, management, and administration that AppleOne provides. To ensure that AppleOne places the precise personnel for the City's requirements, we offer a winning combination of very competitive compensation and fringe benefits designed to attract and retain highly qualified Administrative/Clerical personnel, as well as Accounting, Technical/IT and otherjob classifications, with the skills to successfully support a wide variety of environments. This directly benefits AppleOne's mission - oriented customers, such as the City, because we are able to provide you with the best people. 2. A brief description of the agency's initial testing procedures or assessment for temporary staff including testing required by law (i.e. job specific, background checks, DMV checks etc.) SKILLS ASSESSMENT To enhance AppleOne's ability to find skilled, able and educated candidates for government and public sector entities, AppleOne uses the AppleCore Assessment Series, a validated applicant classification system that focuses on customerservice skills, aptitude and attitude assessment. The content underlying these tests was carefully studied and determined to be related to thejob performance of AppleOne positions. All AppleOne tests have a proven track record of success, showing that those who take the tests have better performance on the job, significantly increasing their productivity. We have in place assessment tests for all of the job categories that we are bidding. If needed, AppleOne's assessment series can be customized to meet the City's specific requirements forjob descriptions. For administrative, clerical and customerservice positions, situational judgment exercises are used to assess personal characteristics found to be important for the job. These assessment tools are listed below. Receptionist CD Simulation The Receptionist job simulation includes critical work activities that contribute to success on the job. For receptionists, it was found that answering multiple -line telephones and routing calls are critical elements of the job. A computerized work sample was created to simulate a receptionist receiving and routing a call. Also, receptionists were found to be a direct link to visiting customers and Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 120 251-57 City of Santa Ana Apple®ne RFP 18-009 i'� ii° Temporary Staffing Services HiringJMfadeffaman' clients. Thus, in conjunction with the job simulation, a situational -judgment exercise was created to determine an applicant's ability to respond to work situations effectively. The tool was developed using computerized CD Video technology to create a realistic portrayal of the work environment. Job incumbents, job experts, and AppleOne personnel were responsible for providing information to be used in the development of the assessment. Customer Service Situations Video AppleOne uses a video -based situational judgment exercise for Customer Service Representatives and other personnel who interact with the public. Data collected during job analysis revealed that customer service representatives must respond to several different types of situations relating to interactions with internal and external customers. The video -based assessment provides an accurate depiction of actual situations faced on the job. Applicants are then asked to determine the most effective approach to resolve the work situation. Selecting a video -based testing platform adds a virtual element to the testing, thereby making the testing process more accurate, as well as enhancing applicant interest. Structured Interview Guide The structured interview guide was designed to identify how well a candidate effectively performs as an AppleOne employee. The interview guide asks questions related to the applicant's work history, interpersonal and team skills, creative problem solving, professionalism, and communication skills. The applicant's responses help us assess how they have responded in past work situations. Questions are framed in this way because research has shown that past work behavior is one of the best predictors of future work behavior. The expertise of AppleOne's project team, combined with the consistency in evaluation standards provided by the structured interview guide, will ensure that all candidates presented to the City not only have the skills requirements needed for positions, but the reasoning ability and work ethic to excel in those positions. One of the many advantages in working with AppleOne is our commitment and ability to accurately screen candidates for people -skills, mental sharpness and positive work attitudes. PRE -EMPLOYMENT SCREENING & BACKGROUND CHECKS AppleOne has the ability to fully abide by the City's requirements for screening of candidates prior to placement. AppleOne's Huntington Beach team, in conjunction with the appropriate City representative(s), will evaluate what pre -employment background screening will be utilized. To assure that AppleOne's clients receive the best temporary associates in an efficient manner, AppleOne utilizes our sister company, A -Check Global, to conduct extensive pre -employment screening. In addition to references and education verification, pre-screening may include drug screens, criminal background checks, social security checks, and DMV verifications. A-Check's services are available for AppleOne's temporary associates as well as the City's permanent employees. Following is a description of the services that can be provided by A -Check Global: ,BACkdROUND CHECKS -Criminal ° This includes a one (1) County, one (1) name, criminal record search offelon y records, and will Felony/Misdemeanor-7 "1 include misdemeanor records when available. All information will be obtained at the years ', courthouse by a dedicated City researcher unless direct connection to the courthouse is established. Five (5) and 10 year options are also available upon request. _ Criminal Search - National This search includes a one (1) name federal criminal record search of federal records. All Federal-7 years information will be obtained through the Federal Public Access to Court Electronic Records (PACER) system with on-line direct connection to records and dispositions. Five (5) and 10 year options are also available upon request. National Criminal . This search includes one (1) name. A -Check Global's National Criminal Database search Database Search -7 years (NATCRIM) includes over 250 million criminal records from all fifty states, the District of Columbia and Puerto Rico. This database search perfectly complements county courthouse searches by increasing the chances of catching additional criminal data from places of work or . Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP 418-009 P a g e 121 251-58 City of Santa Ana RFP 18-009 Cow Temporary Staffing Services HfringNladeHtrtnan' CHECKS —BACKGROUND residence not disclosed during the application process. Results are available within minutes when ordered via A -Check Direct- and all information reported is FCRA compliant. Five (5) and 10 year options are also available upon request. National Sex Offender While convictions for sexual offenses will appear upon the criminal record in the county or Registry state where the offense was committed, oftentimes sexual offenders will relocate where their criminal records will not reflect the offense. Information returned from sexual offender registry inquiries may include: name, AKA name, physical characteristics, date of birth, residential address, employer, county, state of conviction, date of conviction, and offense(s). County Civil Records This includes one county, one name search obtained by a court researcher at the county Search courthouse. Information obtained may include plaintiff and defendant's actions and case outcome. Compliance Link Search Comprehensive list of Compliance searches available upon request. Motor Vehicle Records - Depending on state law, this search will reveal a three (3) to five (5) year driving history. Driver's Report Reported information will include type of license, any violations, disciplinary actions, convictions, issue date, expiration date, revocations, suspensions, accidents, status and restrictions. Professional Reference A-Checkwill verify a professional reference by seeking answers to predetermined questions including information on communication skills, work attitude, professionalism and punctuality. This information will be obtained through a phone interview with a former supervisor or personnel department. Employment Verification— Contact up to three (3) times daily, will be made for up to three Plus (3) Days. Documentation will be requested from the applicant for any verifications of employment not obtained. A -Check will verify present or past employment to include position(s) held, dates of employment, salary, confirmation of specific job duties, reason for leaving, eligibility for re- hire, and overall job performance. Information will be obtained through phone interviews with former supervisor or personnel department. Pricing is per individual screened. "Additional fee may apply if previous employer charges o fee for release information or uses a records clearinghouse. Education Verification— Contact up to three times daily, will be made for up to three (3) Days. Basic This search verifies Colleges/Universities attended with dates of enrollment, Major/Degrees obtained, Grade Point Average, and professional certification. Pricing is per individual screened. "Additional fee if transcripts are requested. Additional fee may apply if educational institution requires use of a records clearinghouse. Professional License This search verifies a professional license or professional certification. Additional fee if Verification transcripts are requested or if educational institution/licensing body requires use of a records clearinghouse. Credit Report This report provides information into a person's financial background. It also provides present and past addresses, current and past employers, and verifies and identifies users of the social security number provided. Social Security Trace This search verifies the Social Security number provided is valid, the person/people associated with the number, current and past addresses, and current and past employers. 3. Explain your agency's verification of typing speed, testing for bilingual and MS Office abilities — how are these verified and tested by the agency? In addition to the AppleCore Assessment series, we extensively test candidates on their software proficiency, particularly important in today's high-tech work environment. Using the sophisticated evaluation and training system of Provelt!, AppleOne's branch staff ensures that candidates possess the necessary skills for exceptional performance. The Provelt! tests provide the highest quality performance- based testing on virtually all of today's top office software, so we may ascertain each candidate's level of proficiency on Windows as well as Macintosh operating systems. As new software is introduced to the workplace, all AppleOne candidates are encouraged to Use ordisclosure of data contained on this sheetis subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP H18-009 P a g e 122 251-59 City of Santa Ana �� Apple®ne RFP 18-009 1"� i'� Temporary Staffing Services Hiring Made Haman' enhance their skills using the Provelt! tutorial programs. Prior to assignment, AppleOne can test contractors on over 250 applications across several disciplines, with customized training and evaluation programs that simulate the work to be performed at locations within the City. Available tests and training include: Administrative/Clerical The Provelt! testing allows in-depth evaluation of the various skill sets required for administrative and clerical candidates. Test titles include: Writing )mer Service Mindset Survey Entry 10 Key Etiquette as a Second Language Filing by Name Following Verbal Instructions [audio] Following Written Instructions Healthcare Benefits Knowledge Human Resources Basics Human Resources Benefits Knowledge Internet Basics Internet Research Skills Interviewing and Hiring Concepts Listening Skills [audio] Macintosh Basics OS 9 Mailroom Management Skills Marketing Fundamentals Matching (Alphanumeric, Numeric, Images) Math Word Problems Windows Microsoft Internet Explorer Microsoft Office Suite Proofreader Marks Punctuation Reading Comprehension Recruiting Fundamentals Sales Concepts SAS 9 - Data Analyst Shorthand Software Quality Assurance Software Testing Spanish Basic Office Skills Spanish Basic Reading Comprehension Spanish Office Grammar and Spelling Spanish Typing - General Spanish -English Bilingual Technical Terminology Translation Sample - English to Spanish Translation Sample - Spanish to English Typing - General Vocabulary Writing Sample (letters, etc.) AppleOne can also evaluate bilingual candidates in their respective languages through the Provelt! Testing suites. Currently, Provelt! tests are immediately available in Spanish, French, German and Portuguese; tests in additional languages can be provided with sufficient notice. 4. Description of the benefits paid to temporary staff employees; list out by line if agency pays for this benefit or temp staff pays for the benefit including timeline of employment to receive benefit. AppleOne provides numerous benefits and incentives to its temporary employees. Upon becoming an AppleOne temporary associate, the individual is given information regarding medical, dental, and vision coverage. There are no conditions barring temporary personnel from taking advantage of these benefits afterthe first payroll period. These include a 401(k) plan, comprehensive medical benefits, bonus and incentive programs, and continuing education opportunities. In addition, AppleOne will work with the City to customize a benefits and incentive program according to the City's requirements. Following are some of the components of the benefits and incentives that are offered to AppleOne temporary personnel. Details of actual benefits and incentives utilized are determined during the contract/implementation phase. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 123 251-60 City of Santa Ana Apple®ne RFP 18-009 Temporary Staffing Services Hiring Made Human' Medical Benefits. All temporary associates and contractors are automatically eligible to enroll in our minimum essential coverage preventative plan on the first of the month following sixty (60) days from their assignment start date. Temporary associates are eligible for major medical group plans offered by Anthem Blue Cross for any assignment that is expected to last thirteen (13) weeks or longer. Dental and Life options are also available. This plan is payroll deducted and is designed to provide affordable coverage for associates, at no cost to our clients. B`MONTHLYCOSTi Elements Choice { - HM01500 Employee Cost •elements` Choice '. PP_0.6350 E ployee Costti- •Temporary associates will never pay more than 9.5% of their W2 wage for the lowest priced employee only MVP pion premium. Dental Benefits - AppleOne offers dental options to our employees. Temporary employees may choose between Aetna Dental Complete or Dental Net HMO plans. Afithern:DentaDental NOHMQ Employee Only $39.88 $14.96 Eln loyee + l $80.03 $29.92 Employee+2(ormore) $128.04 $48.61 Vision Benefits - In addition to the included vision coverage provided in the benefits packages listed above, employees also have the option to purchase coverage through Blue Anthem Vision. Life Benefits-AppleOne offers Group Term Life Insurance through Anthem Blue Cross - $10,000 Basic Life/AD&D which automatically comes with medical coverage. The rate varies for supplemental life and is offered by Anthem Blue Cross. First time enrollees get $200,000 guarantee issue if elected. Long -Term Disability- AppleOne offers long-term disability coverage through MetLife, which automatically is offered if an employee elects group medical coverage. Retirement Plan-AppleOne offers its temporary personnel a 401(k) retirement Savings plan. This plan provides employees the opportunity to save money, pay less in taxes and earn money for their future. AppleOne's personnel are eligible for the plan after completing three (3) months of service. Personnel may elect to contribute (defer) from 1%to 50% of their compensation on a pre-tax limit, up to an annual limit set by the IRS. Continuing Education Opportunities - In addition to standard benefits, AppleOne can offer numerous educational opportunities including: Discounted tuition to CNU (California National University), an accredited, online distance learning university ✓ Access to AppleOne's online educational programs, including call center protocols, customer service, self-assurance, computer programs, managerial skills ✓ Access to Proveltl, a customizable, web -based training system containing over 250 applications and evaluations Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 124 251-61 City of Santa Ana �/ 1'1A1°91e5®ne RFP 18-009 1�� iI'"'�� Temporary Staffing Services Hiring Made Human` Direct Deposit-AppleOne offers its temporary personnel and contractors the ability to have their paychecks directly deposited in their bank accounts (EFT/ACH). If the employee or contractor chooses this option, a paycheck stub is either mailed to them or available for pick up at the AppleOne branch office, depending on the preference of that temporary employee or contractor. Domestic Partners Benefits-AppleOne recognizes Domestic Partnerships where legally applicable. To register a domestic partner, an employee simply needs to complete a declaration for domestic partners form, similar to what is required for a marriage declaration. Unemployment Insurance: Our employees are covered by standard unemployment insurance at varying levels depending on the state in which they reside and work. AppleOne is a registered company in nearly all 50 states and have active unemployment insurance accounts in nearly all of those states. Worker's Compensation Insurance: All of our employees are covered by minimum levels of worker's compensation insurance depending on the state in which they reside and work. AppleOne provides a thorough orientation on Safety At Work policies during our orientation program. Each employee is required to read, review and acknowledge receipt of the Safety Policy Program before beginning work. Our worker's compensation filing process is fast and efficient to make sure all needs of the worker are met when attending to critical injuries. 5. Please provide your process for temporary staff calling out sick, no shows, not working out (either on temporary workerside or City side) and returning City property. Temporary employees who are ill, require time off, or will be arriving outside the normal schedule, are required to notify the AppleOne Project Manager. The PM will call the specific City department immediately, advise them of the change or absence, and coordinate providing a replacement employee, if needed. When AppleOne is contacted by the City regarding a service issue, the first step will be to immediately document the situation and obtain whatever information is needed to provide quick resolution to the issue. Once the problem is clearly understood, the Project Manager will provide immediate follow-up and a specific time frame in which the City can expect action, as well as provide periodic status reports while working on the issue. If a correction requires immediate replacement of a temporary employee, or if the temporary employee's performance is still considered unsatisfactory even after additional instruction and coaching, the Account Manager will take the needed action to discreetly end the assignment after working hours that same day. A qualified replacement, if needed, will be sent as soon as that individual has cleared any City mandated background screenings. During this period, the Project Manager will maintain communication with the appropriate City personnel to ensure seamless transitioning. Also, if needed, the Account Manager will escalate the issue to the Regional Vice President, who will serve as Executive Manager. Once the situation is resolved, AppleOne will schedule a follow-up where we can review, confirm satisfaction and discover ways in which the process might be improved for the future. AppleOne will also add the information to its records in order to monitor complaint escalation and resolution and satisfaction trending over time. Additionally, the Project Manager will conduct on -site premise visits and meetings with AppleOne temporary employees as well as the City personnel to address any issues, questions, or otherwise ensure that our quality standards are maintained. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e 125 251-62 City of Santa Ana Appieone RFP 18-009 Temporary Staffing Services HiringitiadeHuntan' 6. Indicate below the name of the person who will be responsible for administering the contract, if awarded. Also include the person's title, telephone number, address and email address AppleOne's Government Implementation Team is responsible for contractual processing and documentation. Tamarha Gorman, Sr. Government Implementation Administrator, can be reached by phone at (866) 493-8343 or via email at teorman@ainl.com. Her address is 16371 Beach Boulevard, Suite 240, Huntington Beach, CA 92647. She will coordinate with our Chief Financial Officer, Michael A. Hoyal, who will execute the contract, if awarded, on behalf of our agency. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP p18-009 P a g e 126 251-63 City of Santa Ana RFP 18-009 Services This section shall define the detailed pricing for the services. The City is forth: 1. As a mark-up percentage above the hourly pay rate for a particular position. 0 Apple®ne HiriagMadeHuman- in a pricing structure as set PRICING Job Title Hourly Pay Min. Bill Max. Bill Overtime Bill Overtime Rate Rate Rate Mark -Up % Rate Mark -Up % Administrative $17.87 - $23.95 $25.91 $34.72 45 $38.86 - $52.08 45 Assistant Senior Administrative $20.20 - $27.08 $29.29 39.26 45 $43.93 - $58.89 45 Assistant Office Specialist $15.83 - $21.21 $22.95 $30.75 45 $34.42 - $46.12 45 Accounting Assistant $22.48 - $30.15 $33.72 $45.22 50 $50.58 - $67.83 50 Accountant (I & 11) $28.86 - $44.56 $43.29 $66.84 50 $64.93 - $100.26 50 Accounting Specialist $30.86 - $54.56 $46.29 $81.89 50 $69.49 - $122.89 50 Lega/Secretary $23.00 - $29.39 $33.35 $42.61 50 $50.02 - $63.91 45 2. Describe in detail the direct hire fee structure for your employees that may be later hired by the City, including the minimum number of hours that must be worked to waive any fees. For the first 90 days, AppleOne proposes a 20% direct hire fee. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 28 February 2018 AppleOne Response to RFP #18-009 P a g e I V 251-64 Appendix ATTACHMENT 3: COST PROPOSAL FORM COST PROPOSAL FORM THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S WORK SCHEDULE AND DETAILED CRITERIA AS LISTED IN THE SCOPE OF SERVICES SECTION OF THIS REQUEST FOR PROPOSALS. ALL FEES AND EXPENSES MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, ETC. CITY OF SANTA PRICING ANA Hourly Pay Min Bill, Rate Max Bill Rate Mark-up Overtime Bill Overtime CLASSIFICATION Rate Rate Mack -up Administrative $ 17.87- 38.86- Assistant $ $ $ 34,72 45 % $ 45 Senior Administrative $ 20.20- 43.93- Assistant $ 27.08 $ 29.29 $ 39.26 45 % $ 58.89 45 Office Specialist $ 15.83- $ 34.42- $ 21.21 $ 22.95 $ 30.75 45 % $ 46.12 45% Accounting Assistant $ 22.48- $ 50.58- $ 30.15 $ 33.72 $ 45.22 50% $ 67.83 50% Accountant $ 28.86- $ 64.93- $44.56 $ 43.29 $ 66.84 50% $ 100.26 50% Accounting Specialist $ 30.86- 69.49- $54.56 $ 46.29 $ 81.89 50% $122.89 50% Legal Secretary 23.00- 50.02- $ 29.39 $ 33.35 $ 4261 50% $ 63.91 45 Provide markup percentage rate agency will utilize to negotiate prices for positions not listed above. 47% DIRECT HIRE PLACEMENT PRICING *Direct Hire Fee (Please Explain Below 20% *Please explain briefly in detail your policy and pricing on the hiring of your temporary workers. For the first 90 days, AppleOne proposes a 20% direct hire fee. As well as a 90 day free replacement guarantee. City of Santa Ana RFP 18-009 2 -65 PRICING LIVE 'SCAN /BACKGROUND CHECK $ 0-00 PRICING Additional fee for BILLINGUAL? $ 0.50 ADDIeOne Ernnlovment Services (Name of fferor) (Signdtu-re of 0 feror's Representative) Title: Director of Government Services Date: Febniary 26. 2018 City of Santa Ana UP 18-009 2M-66 Exhibit 4. HB Staffing Proposal in Response to REP Public Ag en c, PROPOSAL FOR TEMPORARY STAFFING SERVICES Staffing Solutions RFP NUMBER:18-009 (PASS) CITY OF SANTA ANA CONTRACTOR BUSINESS INFORMATION: CathyJon Enterprises- Inc., dba. HB Staffing Corporation in the State of California MAIN OFFICE: 2120 Main Street, Suite 250, Huntington Beach, CA 92648 (714)960-2800 PH ""(714)960-6S63 FX' SAN DIEGO BRANCH OFFICE; 9655 Granite Ridge br, Suite 200, San Diego, CA 92123 Primary Point of Contact: Cathy Volpe (714) 960-2800 2120 Main Street Ste 250 Huntington Beach, CA 9264E (714) 960-2800 cyeeCEL11-113staffing,com Services, pricing and warranties indicated within this proposal are valid for a period of 120 days after submission of this proposal. Prepared For: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Prepared By: CathyJon Enterprises; dba HB Staffing 2120 Main Street, Suite 250 Huntington Beach, CA 92648 .. CiryaJSanmAna RfP No 18009 r„uc x.,. ,-. ColhyJon Enterprises, Inc., don. HO Sniffing 1 it ' Icnut 251-67 Cover Letter: Thank you for the opportunity to service the temporary staffing needs of the City of Santa Ana. We enthusiastically look forward to providing outstanding temporary placement services to the City should we be selected to provide for your temporary staffing needs. We are confident that our extensive staffing experience within the specific classifications requested by the City, as well as our proven quality performance — since 2000 — in the Orange County, California will be substantive reasons to consider our application. CONTACT INFORMATION: • CathyJon Enterprises, Inc. dba HS Staffing 2120 Main Street, Suite250 Huntington Beach, CA 92648 • cyeeCa]hbstalfine..corn • Fax 714-960-6563 • Ph 714-960-2800 • Federal ID# 33-0907010 We are in.receipt of all RFP Addenda: _` fir •l�j Points of Contact: A. Primary Point of Contact: Cathy Volpe, President B. Daily Point of Contact for Job Requisitions, Placements and Related Customer Service: Elaine Blum, Staffing Manager C. Operations Point of Contact for Billing and Related —Andrew Stone, Operations Specialist SIGNATURE of Person Authorized to Bind CathyJon Enterprises, dba HB Staffing Signature Date On? efS•nr• A•a RFP NO 18009 ♦�, Catb&n Enterprises, Inc., dba."Hasta ing 2 - --- 251-68-- Table of Contents ProposalCover Page.........................................................................................................................................................1 1. Cover Letter .............................................. _.................................................................................................................. 2 2. Table of Contents ....................... :...... :.............. :........................................................................................................... 3 3. Exceptions to RFP Terms and Conditions.................................................................................................................4 4. Qualifications/Experience...........................................................................................................................................5 Capacity & Financial Resources .... . ............................................ :...... :..... :..................... i...... :.,:................ 6 Project. Approach & Methodology ......... :......... .................................... :................................................ :.... 8 ResponseTime ................ ............................................................... ::............................... ............................. 9 TimesheetApproval....................................................................................................................................9 QualityControl ............. :....:............. :........ :...:........................... ................................................................... 10 Preventing Service Disruption ......................... ................................................ ................... :........................ 12 Acknowledgement of Scope of Work: Overview, Specifications, Specifications/Scope of Services, andService Categories...................................................................................................:..:........................13 S. Key Staff ................... :............................................................................ Internal HB Staffing Resumes ..................................................... :......... 6. References.................................................................................... 7. Certifications ............... NON -COLLUSION AFFIDAVITE NON -LOBBYING CERTIFICATION NON-DISCRIMINATION CERTIFICATION S. Required Questionnaire ..... :.............................. '9. Price Proposal ..................... 10. Letter -of Credit .........................14 15 .............................. ...19 ...............21 .................25 ...29 11. Capability Statement........................................................... :.................................... ............ .................................. 32 G!yojSanta Ann RFP NO ]8009 �r}.,; .,. Cathyfon Enterprises, Inc., dba. HB Staffing 3 251-69 Exceptions to RFP Terms and Conditions: No Exceptions INTENTIONALLY LEFT BLANK City oj5anta Ana RFP No IBOD7 i'�"'>A-vt r+..,,. a.:•., coth&nEnterprises, Inc., dha. HSStaffing 4 251-70 Qualifications / Experience: Why choose Cathylon Enterprises, Inc., dba HB Staffing to provide Temporary Staffing Services for the City of Santa Ana? 1) HB Staffing is a full Service Staffing Organization_ Founded in 2000; primary service area, Orange County, California. We are a 100% Woman -owned Small Business. The founder and president of our company, Cathy Volpe, Is local, active, CA and MWD CERTIFIED involved and ... therefore accountable. • SBA CERTIFIED. WBENC—Woman-Owned Cert. 2) We have filled over 10,0001obs since 2000, the large majority of • WOSS/EDWOSB which are in Orange County, California. We know the market, utilize the customary social media and web - based job search portals (ZipRecruiter, Linkedln, Indeed, etc) — and utilize deep recruiting connections with the local colleges and universities, as .well as adult schools and job developers, resulting in recruiting and placing the best local candidates quickly. We currently supply general administrative, executive/senior administrative, accounting, financial administrative and legal secretary support to the COUNTY OF ORANGE, CITY OF ANAHEIM, CITY OF HUNTINGTON BEACH, CITY OF SANTA ANA, SAN DIEGO COUNTY, CITY OF MURRIETA, and many Orange. County commercial businesses- As well, we provide staff to the US government under GSA Schedule 736 1 Temporary & Administrative Professional Staffing (TAPS) in various states. This past performance provides HB Staffing with the professional -level know-how needed to faithfully assist the CITY OF SANTA ANA with its temporary administrative staffing requirements. We believe that we understand 'public organizational requirements' including invoicing, contract management and reporting protocols, candidate quality, skill levels needed, timeline requirements, and cultural fit requirements. 3) Proven exceptional Customer Satisfaction based on Dun & Bradstreet Past Performance Evaluations - 9S% and 96% - Dun & Bradstreet (D&B), conducts an independent audit, of customer references and calculates a rating based upon a statistical analysis of various performance data and survey responses. Our most recent internally sponsored customer satisfaction (2016) survey showed that our customers regard our services "Ver Good to Excellent".. Open Ratings We feature an exceptional Workers Compensation record (two slight injuries since 2000), and A 'best practices' staffing culture born of the president's staffing Industry management, recruiting; and customer service training/consulting leadership, (since 1996). 4) Our Public Agency Staffing Services (PASS) division specializes in supporting government agencies .to achieve their public -based mission through delivering the required capable and quality staff; leveraging clear communications; by understanding and serving the goals of each agency, department, and section; and matching the skills, time lines and cultural needs of each agency. HB Staffing has demonstrated exceptional performance in the placement of the best qualified and available people in the mission -critical positions we are privileged to fill. Ciry of Santa And RFP NO 18009 n.-:;.., CothyJon Enterprises, Inc., dba. Hasm%finq $ Cd m. l-0c:wn 251-71 An additional confirmation of our capabilities as a staffing supplier to governmental and quasi -governmental agencies: HB Staffing was selected as the preferred staffing supplier to San Diego County ($5M award March 2017). Regarding the County of Orange, our 2011 temporary services contract that originated in 2011 was extended in 2014 to 2016; we were re -awarded 2016 to 2021. In 2017 we were awarded contracts for temporary staffing with 1) San Diego County, 2) The City of Newport Beach (re -award), 3) the 'San Diego Port District, and, 4) the San Diego County Water Authority. In 2018 we have been awarded Temporary Supplier to the City of Irvine. To meet the demands of "public agencies, we provide outstanding, qualified and matching personnel, week -in and week -out, as well as manage the complicated requirements of each master agreement and/or subcontract/delivery order, including pricing requirements, start & end times, contract reporting,. budget_ and invoicing requirements. 5) Temporary Employee Retention Program: Included within the pricing to the CITY OF SANTA ANA, our comprehensive benefits package underscores and supports employee commitment to our clients: Employee Manual, Family Medical Leave Eligibility, complimentary Kenexa Proveltl Software Training, Resume Assistance, • Health Insurance (HMO and PPO), Referral Bonuses, Employee Portal, Direct Deposit, Paycards, Holiday Pay, End of Year Bonus Eligibility, and Sick Pay, We also provide employee coaching, complimentary computer training, and assignment reviews. Capacityand Financial Resources HB Staffing currently provides full -service temporary staffing services to Federal, Regional and Municipal governmental bodies, Public, For/Non-Profit organizations. Line of Credit: $250,000.• See attached Letter of Credit Our President, Cathy "Vee' Volpe, possesses over 40 years of staffing experience; Jonathan Paul possesses over 18 years of staffing and 34 years In human resources positions; Staffing Manager Elaine Blum possesses 17 years of staffing experience with HB Staffing. This level of experience has seen all manner of issues and challenges servicing client and candidates need — and is committed to preventing problems. Our success here is testified to by our Excellent (95%195%) Dun & Bradstreet Open Ratings Customer Satisfaction Survey. Our parallel training and consulting experience (through 2014) in the Staffing Industry provides a foundation of industry best practices both taught and learned `from staffing enterprises ranging from international staffing, companies, through specialty/niche companies and start up organizations. We fill in excess of 96:5% of job orders placed with us. The president and day-to-day leader of the company, Cathy "Vee" Volpe, has been a premier training and consulting leader in the staffing industry. (She is the former owner of International Staffing University, an American Staffing Association -certified training organization responsible for creating OVDs, CDs, and Manuals City oj5anto Ann RFP NO]s009 I (1`ESii . .•, ,.Ca[hYlan EnterPns^s Inc.. d6a. N85[a n 9 6 b 251-72 for staffing firms throughout the -world). She has trained thousands of staffing professionals in staffing 'best practices' over the previous 24 years and consulted with over 700 staffing firms. We are members of American Staffing Association, California Staffing Association, and the National Independent Staffing Association. In addition to the qualifications listed above, we are a federal contractor, awarded the GSA 736 TAPS Schedule contract (GS-02F-302BA), authorized to provide temporary personnel to all federal agencies located throughout the United States. Again we area WornamOwned, Small Business, certified by Women's Business Enterprise National Council (WBENC), the SBA, State of California, San Diego County Water Authority (Network Bid System), and the Metropolitan Water District of Southern California. We appreciate the opportunity to serve you and stand ready to answer your questions and accommodate your requirements. INTENTIONALLY LEFT BLANK CityvJSonto Ana UP N018009 ry ,,,.i. ,,-.., Cathylon Enterprises, Inc., dba. HB Staffing 7 251-73 Proiect Approach / Methodology 1. Job Requisition, Recruitment, Skill Assessment, and Selection Process The client service process begins with the Client Job Requisition = Acknowledged by our PoiWof'Contact > Details are entered into. our -staffing software system enabling availability to branch staff 5'POC clarifies as. needed with, client 'Must Have & Nice to Have candidate competencies, experience; important,job or work environment details; start and finish timeline > POC reviews requisition and placement progress with recruiting staff at the time of order and in morning service meetings > Relevant available and qualified candidates are short-listed and submitted to the client for selection/interview. Candidate Application and Selection Process: Passive and Active;'Recruiting > Pre -Screen Applicants > Complete Online Application > We Assess Applicant's Resume > :Conduct a Behavioral 'interview > '1-9 Check/Verification> Candidate completes Skills Assessment (Kenexa Proveitl Software testing relevant to the',potentia[ job duties) > When a finding of Essential Hiring •Criteria Met > Background Investigation (reference checks and online www.backgroundchecks.ore > Customer Job -Centric Screening Criteria >.. Orientation > Start> Quality Control Client and 'Candidate follow-up. Recruiting best practices today requires anticipating client needs. Our highly experienced/trained -recruiting team executes -a recruitment strategycrafted to identify and "onboard "highly qualified" candidates relevant to customer requirements: To this end, on a weekly basis, we identify the categories, qualities and skill levels of candidates we need to recruit in order to supply our clients the candidates they need to -achieve their goals on a timely basis. in addition to our own robust pool of pre -qualified ,candidates, we utilize a wide variety of -recruiting venues including. Social networking sites, Job fairs, newspapers; customer and employee referrals, colleges and .universities, employment ,offices & job developers, community merriberships/events, technical/trade schools, local papers, church advertising, college career placement recruiting venues and events and other local educational Institutions. An average, 25%' of our new recruits come from referrals from other successful candidates and from our clients and community sources: Our new candidate Weekly intake is approximately 75,ore-qualified candidates that fit our client and joh family specialties. We initially telephone prescreen every applicant, The successful applicant then•completes our web - based application that automatically transrnits applicant data to our staffing software, coatssgi. Selection of the finest available candidates happens through a figorous vetting process designed to assess candidate experience, skills, work, history, performance on the job (reference checking), and language capability. We utilize IBM Kenexa Provelt! testing software to assess inaintenance.technlc!an knowledge and skill areas. A. Reliabllity, punctuality and attendance of temporary staff — These are basic but Important work characteristics that we question, obtain reference feed -back, and stress to .our candidates I ernployees, froth prescreening to placement and post -placement, To measure.these key factors we make 'quality' calls to clients on a weekly and bi-weekly basis (as the client allows,'): Where we find a customer concern we counsel the employee immediately, log this. into their records, and provide ongoing support and follow-up to our customer to ensure the problem is resolved quickly. In certain, work situations we have found it useful to predicate pay decreases based upon attendance, punctuality, and reliability. B. 8as!c workplace skills of temporary staff, i.e. cooperation, communication skills, customer service :and time management — Our proactive approach to ensure the that these skills are at appropriate ,+�.. Citya/Sbntnggn RFP N0780P9 r,e,neaoa CpthyJan Enterprises, Inr.; dba. Us staffing INL') levels, is to 1) specifically name these skills in our advertising; 2) initially screen for these skills (using behavioral interview techniques where we listen for, as well as query for examples of these skills in use in current or previous positions);.3) reference check for these skills from former -employers, and 4) where suitable, request candidates to complete Provelt ,Kenexa assessments that measure skills required in the job. C. Testing of job skills — Virtually all candidates test for the skills and competencies regUfred in their temp position, again using the most robust testing software available, Kenexa Proveltl. 2. Response Time & Placemen4 Timeline A. Average initial response time for our account manager,to reply to our clients—15-30,minutes. All of our staff members'are responsible for supporting our clients. In the rare occasion that Cathy or Elaine;. your•primaryPOC's, happen 16•be unavailable oe assisting another client, at least°four others on -our account managementteam can take phone or email job.requisitions, provide accurate information or tfoubleshoot THE CITY OF SANTA ANA questions. Emails are likewise read by -Cathy_ and Elaine_ regularly both on and offsite. B. Timeline to fill a position: ordinary, nonspecialized positions -may be, filled within 2, hours to two days depending on the need of the client and whether he/she wishes to review resumes and set-up an interview schedule. C. For more specialized or remote positions the timeline to placem.e t is generally within two,tq,seven days. We utilize local job developers, California One=Stop, church advertising, local papers, and rely on nearby educational institutions -- in addition to our customary advertising with Ziprecruiter, Indeed, Unkedln and Craigslist. We do not rely on attracting candidates, we search, resumes and contact relevant candidates for hire and references, D. As a general statement, vetted, available and appropriate temporary employees of Various proficiencies and experience levels are available immediately (same day to one/two days after the request). Uniquely qualified, specialized or scarce candidates may require additional recruiting steps. Because we recruit during business hours, as well as evening's and weekends, we have been highly' successful in finding appropriate candidates quickly for commercial and government clients. Our clients completed the Dun & Bradstreet Open Ratings Survey in M09 and 2013 and reported 960%/95% customer satisfaction, based In part, on our ability to quickly locate and place hard -to -find candidates. Reviewing the THE cry OF SANTA ANA'S requirements, compared to our current and past experience in finding and vetting these types of candidates„we see no issues around submitting_ candidates within the timeline indicated in the RFP,. 3. Timesheet Approval Process We provide an online tirriesheet approval process using PeopleNetym, Set-up N easy:, simple Instructions and video are provided to the authorizing supervisor to educate them. in.the convenient process. The actual approval process can happen wherever the supervisor is able to, receive company email.,'Likewise, candidates find it simple to enter their hours online, The only requirements: ability to receive email and'inteiface with the timecard solution through a corn puter or smart phone: 4.' Monthly Reporting,Capabilities Reporting capabilities = as,needed bythe client. pry ofSonra Ana RFP NO J8004 I h. c,u,•:,,.,.., Cothylon Enterprises, Int., d66. HBSin ng g - 1M1:6J. HB Staffing Quality Control Overview: Cathyfon Enterprises Inc., dba HB Staffing :demonstrates the capabilities and experienceae successfully perform this contract' for the'CIT_Y OF SANTA ANA..— and we are enthusiastic to undertake.this opportunity sttould it be presented to, us: 'Corporate sup port pport consists of: project Support, Employee Customer Service,. and Quality Control -The Project Manager (Cathy Volpe) acts as the unting,pemri in this structure and provides over administration and coordination, while maintaining lines rof communications between,HB Staffing, the City of Irvine, and.project personnel. We will discuss the roles and responsibilities of the'Point of Contact and the Project Support Group'(PSG),1he' Customer Service Representatives (CSR), and Quality, Control (QC),. 1. Day -to -Day Point of Contact— Elaine Blum Our Point of Contact will be responsible for daily coordination of the work activities on this contract. 2: Project Support Group (PSG) The PSG is in place to provide resources and solutions •for the success of.the project.-Priimary.functions, of the. PSG include human resource and contracts administration. Human Resources; Our'internaf •HR department is available to, provide the,'project manager consultation and ancillary support in' recruitment and staff retention Issues.. The HR Manager is ,responsible .for.' maintaining a corporate resume database. During an interview process, our team 'will: likely identify 3-1 plausible candidates for one position. While only one will be hired, the resumes and contact information of the remaining prospects are added' to the database as immediate consideration for future vacancies; Should the client be faced with anotherwacancy, in the same location, a potential back -fill becomes. immediately available. Contracts Administration: our contract.administratoe/contract manager provides support In reviewing contract documents, managing modifications; and prepares THE CITY OF SANTA ANA staffing reports should any be required, The contract manager •' coordinates contractual'changes, such as performance requirements' modifications and increased funding, with THE CITY OF SANTA ANA contracting office., Accounting and Invoicing: Our opera tions/accuuriting specialist and contract administration personnel work together to review and prepare invoice's, ensuring that all Invoices are 100%accurate before they are 'sent to the customer. We recognize that invoice errors not only delay payment, they also add• unnecessary burden on the customer to review them for discrepancies.. All payroll, invoicing and expense data are collected and maintained by the operations specialist through the COATSSQL Staffing and Back Office Accounting System, a robust and customizable system, compliant with the Federal Acquisitions Regulation (FAR), The system satisfies DCAA audit requirements and is fully, capable of integrating the latest in data security, including cloud storage. Ouraccounting specialist is fully. trained In use of COATSSQL features. They provide ledgers and,other reports to the project manager team to track expenditures, receivables aging and other important Financial data. Our accounting specialist Issues reimbursements for contract employeLis'Lit'' Wng personal funds for.project expenses, in addition, they work closely with the project manager to'monitor operation budget in order to preventcost overruns. ntyafSnntu Aria RFP NO 15009 ,.:r.�.., Cor6yfon Enterprise;Ina dbn. Ha 3tn rn I t�i"•u.•,.••• J fri 9 10 t911111:1'10% C' c 3. Employee Customer'Service Employee Customer Service functions toad ' dress payroll and.benefits'issues, monitor employee well-being, and answeremployee questions regarding healinsurance and other benefits/incentives. They'al'so resolve payroll issues and work to remedy missing or erroneous pays.. 4', Quality control Quality Control's (QC) prime objective is to ensure that THE CITY OF SANTA ANA receives the highest quality of service throughout the life of the contract. We understand that effective quality control fosters better quality of service. Mr. Jonathan Paul,,Vice President and General Manager, .will serve as Quality Control,,Consuitant on this contract. Mr, Paul has been involved in cradle -to -grave contracti6g for`all of our Federal,.CityI'County, Regional,' Utility and Public Agency projects. Ms Cathy Volpe, Company President— willalso serve as a:QC Consultant°on this contract. Ms. Volp&has over 30 years'oPcontracting expen'ence. Quality Control focuses, efforts on three subareas within quality control,'These are' Project Resources: We recognize that productivity depends on providing adequate and efficient resources accessible to- our project team. Tools primary assessed are those aiding, In, Improving project manager communications with the project3taff'and with the customer. Procedure & Protocol: We work with the Point of Contact to set internal' goals that meet project standards, such as staff recruitment time frame and retention strategies. We also assess management strategies and suggest Ideas that can potentially improve project outcome. Personnel: Central to our management approach is quality staffing, recruiting,and retaining qualified, experienced and suitable staff for the City OF SANTA ANA in a timely and efficient manner: Quality Control frequently discusses with the Point of Contact about instituting new recruiting practicesto bring in quality personnel, andadopting creative benefits/incentives programs to maximize staff retention. 'City afSonto And UP No 18008 INTENTIONALLY LEFT BLANK' ntk m.+a 251-77 CaftJon Enterprises, Inc., dba_ )JBStok#ng 11 Preventing Service Disruption Minimizing Behavioral/Performance Problems CathyJan Enterprises, Inc.i dba. H13 Staffing strives to minimize behavioral/performance problems.before they escalate because we recogniie that unresolved 'issues cause disruption and disharmony in, the workplace. reducing.production and inere'as ngstress. The process starts by communicating to the contract employee exactlywhat'Is.expected of them relating to. their project duties, time lines, attitudes & engagement, and dependability. Corrective Actions ForPerformance Issues. When workplace disruptions of any type occur (supervisor makes us aware through a "quality assurance call" that we'initiate•or we receive notification •from the supervisor), We. III inform our employee of the infraction; that they are being logged,.:and make sure the employee understands that the behaviors are,unacceptable:. After the third subsequent infraction„the contract. employee will be terminated and a replacement will, take over. CathyJon Enterprises, Inc., dba. HB Staffing 'begins to identify a potential replacement when there is a disruption that continues to escalate. The goal of Ha Staffing is to maintain a pact of applicable candidates.thatcan step in at a'moments notice if and when the need arises. There will be a ramp up period to train,"succeeding employees; but we wiil'.ensure that they will be as closely aligned in skilis and .background to the government environritent as possible to ensure a smooth transition and shorter time line for acclimation. Contract Management We manage public agency/County master and subordinate contracts daily and have a flawless record In administering and abiding by the conditions set forth. Affirmative Action It is the polity of CathyJon Enterprises, Inc.; dba HS Staffing to provide equal employment opportunity /affirmative action to all employees and applicants for employment in accordance. With all applicable federal, state, or local, executive orders, regulations and laws. 4Vewill notengage• in anyforrii of prohibited employment discrimination.. Lawsuits/Litigation CathyJon Enterprises;.lnc., dba. HB Staffing has no'lawsuits or litigationaftive or pending nor haveme.had any since our company's founding in 2000.: Debarment:andiSuspensfon CathyJan Enterprises„ Inca dba HB Staffing certifies that neither it nor its principals or subcontracts is presently debarred; suspended, proposed for debarment, declared. nelfgible; or voluntarily excluded from participating in this transaction by any federal department or agency 'as required.by Executive -Order 12549; F.urther'we.affirm that we have no record of unsatisfactory performance. with the CITY OFSANTA ANAa cs OfyriJBanroAno RFP No 1909 .r, �,.�tn,�,., Catliylon Eererprises,Gc„d6a.HB3ro/fing 12 �NI!ra Lw„rcu, i.ros7 � - - 251-Z8 Acknowledgement: We understand and acknowledge Attachment I Scope of Work: A Overview B Specifications C Specifications/Scope of Services D Service Categories INTENTIONALLY LEFT BLANK City oJSanta Ana RFP,V0180a9 ,1 . tthylonenierprise;lnr.,dba.HBStoffing LI 251-79 13 Key Staff Summary of key personnel.resoonsible for servicing THE CITY OF SANTA ANA• • Cathy Volpe its the company'president and oversees c(ientsatisfaction with public agency, city, .county and federal.agencies: .6 714-960-2800 r, 803 o cvee@libstaffinp,.com Jonathan Paul is.the vice president and oversees contract rhanagement and monthly invoicing_, AR, AP, -insurance and HR. o 714-960=2800 x 804 o 1paul0hb5taff6g.corn Elaine Blum is the day to day point of,contact responsible for assisting clients on a daily'basis:. SFie receives job requisitions and handles the details, involved in understanding each requisition. She distributes requisitions and oversees the recruiting and placerheht activities. a 714-960 2800 x 805 o ioauMbstaffina.cah Andrew Stone is the operations specialist responsible for supervising and. eicecuting; payroll. Weekly invoicing, and accounts receivable.duties. o 714-960-2800 x 801 astone@hbstaffing.com See their respective resumes below. Uty ofSnntaAna REP NO 19009 INTENTIONALLY LEFT BLANK' M1IO:Y �ry-�+y WAII ---'-Lair-'v 0- cathWop Fntem ses.lnd. dba.'H9 Oaffing 14 Internal HB Staffing Resumes Professional Shills and Experience: Education Employment Histon: and Certifications: CATIMO\ E\?ERPRISES, LAC, dba HB ST MNG, Huntington Beach, Ck ✓ ES 2000 — Present, Fresidzrn \1;rketina. • Founder (3-* staffing company) Swe . Hands' On Company Leadership UUiveriity New York • Visionary • Guiding \ ision - Key Themes -'Do 'No Hann" "R•luterer it Takes!,"Key "ii�ceptierul CwttvnerSer•ice' Achieyetnents • HB Staf ine assists hundreds of commercial non-profit and government clients in primarily administrative, professional and light industrial specialties. ✓ Founded three suress:tr] SEMINARS Bl-THE SEA / ENtER—NATIO\AL STAFFr�G u.Nn-ERSITT, snf,= Huraington Beach, CA. 199_'—_000, Sm rr,; Irrdu.::rt•Trainar.Conzultanr argani atioas • Founded trau' im' e and consulting company servicing staffing industry clients. ✓ Founded • Assisted over 700 staffing organi=ations success:i ] consultine Trained ]000s of staffing industry professional; in sales, service, marugzm�t and start•u>p and traxiine comp vy • Wrote staffmtu gnunuals andfearedurtrairvngDVI)s sen•icine sting SPHERIO\, Sylmar, CA— 1990— 199=, Mar2;r,ar cemparies ompa-ide ` Company puriiasedmy company, Olive Tree StaffnigSer•ice world OLIVE TREE STAFFING SERVICE, Sylmar, CA and CaTHY CONTEMPORARIES, Woodland Hills, CA — 197 - 1990, Founder, President of two staffing companies providing primarily administrative, professional and ligln industrial staffing ser ices. . _ City oJsanra Ana RfP Not60w ^' , CuthyJon Enterprises, Inc., dba. HB Stoffing 15 •°L4 I�'a.51�• 251-81 Education and Certifications: ✓ NIS, Coun-elins_ Norihridec State University. CA, —1.0 GPA ✓ BA Histon•. San Dieeo State University ✓ California l-rfehme Tenhing Craiential Kev Achievements: ✓ Founded thr- emuloymen t rIi ' ore.mi 3Sious ✓ Key nlaver inth-2 del-lopment of international Sta5w University tlainina nmerams ✓ 1l'rcr_ cumin¢ GSA Aw=d for Cathy.ton Enterprises, in:.. dha HB Shims City of Santa Ana RFP NO ISOM Professional Skills and Experiepce: Employment History: CA.THYJON ENTERPRISES, INC. dba HB STAFFING_ Huntington Beach, CA, 2000—Present, t ice?resideng Glf • Co -Founder • Manage daily operations, client relations, sales, s-rvice; rec-miting, accounting and back office a Write and Manage Government contracts HB Staffing assists hundreds of commercial: non-profit .and government clients in primarih• administrative, professional and light industrial specialties. SE\ILC ARS BY THE SEA / D\TERXATIONAL STAFFL;G LNIVERSITY, Huntington Beach: CA, 199S — 2000, srgffl? ,f Industrt Tratner,Consuhan, • Manager operations of training construing organization. • Consulted and trained staffing industn• clients and professionals. • Sales, customer relations, and management expert • Wrote staffing manuals and featured in training D\ Ds CAREER PARTNERS, Thousand Oaks: CA 1987 — 2000. Founder Manager Founded outplacement enterprise serving primarily executive's seeking new employment. CatiiyJon Enterprises, Inc, dtw. HBStalfing 16 oA551g>w.o,... Professional Skillszrid Experience: Education and Employment History: Certifications:, CATHYJON ENTERPRISES;. INC. dba HB 'STAFFING, ✓ BA, English Huntington Beach, CA, 2061 — Present, Staffing Manager Literature, Primary supervisor of daily client deve_ lopment, service, University of sales, and recruiting operations Minnesota Oversees daily recruiting activities of three recruiting staff Key Achievements: Primary contact for hundreds of commercial and government decision -makers ✓ Key player in HUNTINGTON HARBOUR TRAVEL, Huntington Beach, CA, developing a 1995 — 2001, Sales Representative multimillion staffing business • Contacted and serviced corporate and consumer clients. 'Managed staffing operation that achieved 96% CLASSIC PIZZA RESTAURANT, Huntington Beach, CA and 95% 1995 —1999, Co -Owner / Manager Customer • Founded restaurant. Satisfaction Index . Hired staff, created menus, oversaw front and back of as measured by the business operations. .Dun &'Bradstreet, Open Ratings, 2009 and 2013. BLUM'S TRAVEL, Huntington Beach, CA, 1984 — 19951 Co -Owner/ Manager • Handled inside and outside corporate and consumer sales ,ate OW ofSanfb Ana RFP NO 18009 a,e�, .v,..,� Ofpykn Enterprises, Inc.; dba. HB Staffing 17 251-83 PROFESSIONAL SKILLS & EXPERIENCE: Education' Cypress Community EMPLOYMENT HISTORY: College 2011 — 2012 CathyJon Enterprises, HB STAFFING, Huntington Beach, CA s Business November 2012 — Present Management, 4.0 Operations Specialist GPA • Responsiole for payroll S invoicing for 175-225 Commercial, County, Federal and Averds& Public Agency employees. Accomplishments: 0 Oversee collections for County of Orange and x%eekly credit card transactions. • Project manager for two major contracts, City of Ile%xporl and LA Air Force, r_tssv. r.cr a Lead implementer ofPeo leltel %online em loy ee hours S aulhorzaVon ortal', and P P G i P .=r CCyFe_•.r?% Coastal Payrollpayrolliing S onboarding system, • Perform clerical support functions including filing, general vord processing. maintaining logs and other. Vk !c _ • Assist vilh %wekly payrol duties such as cooecling. sorting. hatching, and input of tr'' -s•t•.:axr employee hours; printing required reports and checks. entering credit card transactions, bank deposits, entering accounts receivable and m as outs of checks ` and invoices iAccuracy is paramount in these activities.; • �^coy�:f t•.e 1�c-r-,, •u e 1r^'�_r.e KNOTT'S BERRY FARM Buena Park. CA November 2006 - 2013 ,:1 Human Resources :_^•i:et•7 zx_ DISNEYLAND, Anaheim, CA %larch 2003— Odober 2006 Warehouse Inventory Controller City of Santo Ana RFP NO 18009 , � CathyJon Enterprises, Inc., dba. HS Staffing 18 son sc.: References Contractors Experience List a minimum of three (3) references for similar work. Six (6) references fisted below. CathyJon Enterprises Inc., dba. HB Staffing has performed with superior results on .projects of, similar size and complexity. Client - Contact Information Project Description Dates Contract Value City of Santa Ane Margaret Mercer Manager - Admin Services Receptionist- Handle,large volume of visitors/phone calls, take messages, (714)647.5050 answer routine questions, assist in preparation of routine reports, aSsomble mmercernsanta- mailings, keep records, log and distribute mail. ana,or Michael Lizarraga Administrator 2 years of experience involving public contact, handle fast pace environment, (714)647.5671 provide professional, helpful service to customers. Knowledge of business . mlizarrtaa aosanta• English and arithmetic, good communication skills. ana.or 211212616to Present San Diego County Water Authority This agency provides a safe and reliable -supply oif Water to its member agencies serving the San Diego region. Jackie Carmbr�a Supervising Two contracts for primarily administrative services: July 1, 2015 to June 30, Management Analyst 2011 and (currenUnew) July 1, 2017 to June 30, 2019 (858)522.6651 Sr Office Assistant - Office Assistant 1,11- Administrative Assistant lcarmooaCn�sda:a.ora Answer phones, copying, scheduling meetings, meeting set-ups, routine 712015 to Preseni correspondence, proofing, etc. Value: S200,000 Cemtek Environmental Inc. is.a leading supplier of Continuous Cemtek Emissions Monitoring Systems (CEMS), CEMS Service,' CEMS Environmental, Inc. Upgrades, CEMS Instruments and Process dnstrumentaiion and ' Ingrid Schutz Analyzers. . 4)437.710o lnnritl(,cemteks.com Cemtek- Environmental Inc. (CEI) has a highly skilled engineering and field• service department, and related support/administrative services.. 2011 to Present . Staffing Required/Placed: Accounting Staff, Administration, Field Service, Value: $534,011.0.0 Technicians, Assemblers, CAD Drafters, Shipping and Receiving ._: GtyoJSanto Ana RFF M1'078009 Cgthidm Enterprises, inc.. dba, HB Staffing' 19 251-85 County of Orange County Executive Offices / IT 19 Subordinate Temporary Staffing Agreements: Lisa Do Positions: Secretary 1.11, Office Specialist, Staff Analyst performing (714)834-685i accountant functions: LIsa.Da(aceoit.ocoav Offce'support (typing, filing, phones, correspondence, etc.) and :accounting .cam functions. 1 Ofid to Present Value; $212,715.00 JC Squires: Financial Manager County of Orange - 3 Subordinate contracts: Treasurerrrax Collector Staffing required: Accountant 1 — reconciling•accounbng'records, compiling data, (714)83d5so' preparing monthly reports, data Verification. research, posting,. exposure to cash Jc.sau'iresrattc.ocao flow work. V,com 2116 to Present Investment Manager to oversee investment functions for the Department. '•Value; $43.428:00 Patti Owens - Supervisor 10 Subordinate contracts: County of Orange County Counsel Secretary 1 and ill, Office Specialist,'Office Assistant, Duties in the Counsel offic e: reception, data entry, answering phones, light (714)934-03 clerical supporUfront desk Palli.oWen7sr _coco.o8 Specialist and Secretary duties: Prepare legal documentation, prepare forms, tooV.cam 11114 to Present phone work, work with sensitive material (termination of parental rights -etc), Value: 559,883,00 Basic computer skills, upbeat personality, professional — dt r [iryoJSonta Ana RTP.NO 18009 , � i i t:athyJon Enterprises, Ina, dbo. HB Staffing 20 251-86 Appendix ATTACRMENI'5: CERTIFICATIONS Irerunve this hole n•hert asseniblingAgr•eenteutf NQN-00Ij,jrSI0N AFFI6AVIT (Title 23'United States Code Section 1 12and Public'Conlract Code Section 71.06) 'In conformance with Title 23 United Slates Code Section 112 and Public Contract Code_ 7106 the BIDDER declares that the bid is not made in the ihtercM, of or on behalf of. any undisclosed person, partnership, company, association, organization, or corporation: that the bid ig.genuinc 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, communication, 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 liid 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 Slate of California County of foeL�� Subscribed and'swo n to,(or affinmcd) before me on this �� day of Ft+ +7H! 20f9 by satisfactory evidence to be the person(s) who appeared before me rotary Public Signature proved to me on the basis of Qu;�ro" JENNIFER J. KIM COnN.A 2194541). 'n N4eOnus mL 2qm G:ur, E>P. Acn, p9, mn i r5 City of Santa Ana RFP 15-009 251--t7 NON-LORRYING CERTIFICATION 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 finds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any 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 ntnking 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) Ifany funds other than Federal appropriated funds have been paid or Will be paid to any person for influencing or attempting to influence an officer or employee of any 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 conformance 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 3 L U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than S100.000 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. S100,000 and that all such subrecipients shall certify and disclose accordingly: Signed: - r Title; S - art%{ 1 " Firm: I/,,f. ,.�.. L •. �'. !off _' t` , /fl_ J bate: City of Santa Ana RFP 18-009 Paii ___ 261-88 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: L The Consultant shall not discriminate against any employee or applicant for einploynicnt because of race, color, reli_ion. sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees arc treated during employment without, regard to their race, color, religion. sex, or national origin. Such action shall include, but nor 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 Consultant agrees to post in conspicuous places, available to employees and applicants for employment. notices to be provided setting forth the provisions of this oondiscritmination clriuse. 2 The Consultant shall, in all solicitations or advertisements for employees placed by or on Behalf of the Consultant. state that all qualified applicants will receive consideration for employment withoia regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which hetshc has a collective bargaining agrcenunt or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11240 of September 24. 1965. and of the rules, regulations, and relevant orders of the Secretary of Labor_ 5. The Consultant shall famish 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,pursuanl 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 urders, 6. in the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant 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 invoked as provided in Executive Order 11246 or September 24, 1965, or by rule. regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana RFP 17-094 2'51Z$9 7. The Consultant shall include the portion of the sentenceimmediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will he 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 cvcnt tho Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United Stales enter into such litigation to protect the interests of the United States. R. 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 works because of race, religious creed, color, national origin, ancestry. physical handicaps, mental condition. marital status, or sex of such persons, exeepi.as provided in Section'1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Title: •' S • . �r :f /f Finis: (l '+���-; r :,'7� / �_•,•"1-1' _ F'S. AC Dale: City of Santa Ana, RFP 1 R-009 Pat,c 28 251-90 Appendix .ATTACIiMENT 2: REQUIRED QUESTIONNAIRE 1. Please provide a brief description of your agency's recruitment process'for staffing. R6cruirino best practices today requires anticipating client needs. Our, highly experienced/trained recruiting 'team executes a recruitment strategy crafted to identify and onboard ''highly .qualified" candidates relevant to customer requirements. (Note: We service the County of Orange as well as nearby City of Anaheim for exactly the same types of classifications so we are air adv heavily recruiting in the Santa Ana City region.), On a weekly.basis, we identify the categories, •qualities and.sk!II levels -of candidates we need to recruit in order to,supp!y our clients the candidates they need to achieve their goals on timely basis. In addition to,our own robust.pool of'.pre-qualified candidates, we utilize a wide variety,of recruiting.venues including: Social networking sites (Facebook, Twitter, etc), job fairs, newspapers, customer and employee referrals, colleges and universities; employment offices & job developers, .community•memberships/events, technical%trade schools, local papers, church advertising, college career placement recruiting venues and events and other local educational institutions. An average, ZS% of our new recruits coma from referrals from other successful candidates .and from our clients and corimiunity sources. Our new candidate weekly intake !s approximaiely75 pre:qualified candidates that fit our client and job family specialties. Selection of the finest available candidates happens through a rigorous vetting process designed to assess, applicant/candidate experience, skills, work history, performance on the job (reference checking), and language capability. We utilize IBM Kenexa Proveltl testing software to assess applicant and candidate knowledge and skill areas.. Recruiting, Amlication and Selection Process: a) We conduct passive and Active Recruiting by: a. Searchine our internal database of candidates and employees, as well as eMernal venues (Indeed, Unkedln, Cra!gslist, college databases, etc:'tor'candidees. b. We advertise for candidates that we hire & and place daily —as well as for candidates that have fit specialized client job requisition tr!teria c. We network through various job fairs, local charity events (Women Helping Women, Assistance League, etc.) and community events (Rotary, Chamber oIF commerce) d- We utilize local Job Developers to assist in recruiting applicable candidates e: We connect with Adult Schools, Universities and colleges'to recruit candidates 6) 'Whe.nWe find suitable applicants we prescreen them by questlonnalre and phone c) We assess applicant's qualifications and resume, -reviewing location, stability; experience, capabilities, skills, education, special skills and'wow"factors d) Applicants who pass our Pre=Screening complete ourOnlir}e Application e) Applicants are invited in to our offices where. we conduct a ;behavioral Interviews and review their personal presentation f) Applicant then completes Skills Assessment (Kenexa Provgit! Soi2vrare testing .relevant to tfie)r.' potential fob duties) City of Santa Ana RFP NO 000E ,,a...r,. rnthylon Enterprises, tnc., dba.HB•Stafjmg 2$, - ;.I?irn{yl 251-91 g) We conduct 3-5 reference checks to verify applicant disclosures .h) When all 'Hire Criteria' have been met they become a 'candidate, in our system and available for placement 1) When the candidate is selected for a position, we'onboard' them: obtaining/verifying•their 1-9 and. direct ceposit-deta!(s; provide access to their online time management and payroll system (including their employee ha7ndbook that encompasses all information pertaining to our procedures, Family Leave, Safety, Confidentiality, Sexual Harassment information,•etc.) j} When we receive a client job requisition we survey our database and/or recruit as described above using customer job -centric screening criteria k)We comply with 2018 State of Callforriia,laws•regarding background checking which we conduct after the candidate is selected fora job 1) Candidate starts'their new job and we check with their supervisor at or about the start.time to ensure 'the candidateis punctual and appropriately undertaking their new duties m) We conduct Quality tontrol Follow-up calls to ensure that the zniploye_ is:a good fit for the position. 2. A brief description of the agency's initial testing procedures of assessment for temporary staff including testing required by law (i:e.• job specific, background cheeks, DMV,checks, etc;) Applicant job skill and software abilltiesare tested using Kenexa Provelt!, the most robust software and job skills testing system available. Office -related candidates are generally tested on Excel. Ward; and data entryaccuracy and speeds. Depending on the need of the client, applicants may be administered typing speed tests, as well as tests.that evaluate applicantjob specific knowledge areas in accounting, customer "service, and legal areas. Higher level skills required by a client are accommodated by Kenexa ProvelTI, as the software -provides beginning, mid and power level skills' testing in the Microsoft Office packages. As described in.g1 above; we comply with 2018 State of California law — ("Starting Jon. 1,2018 employers in the state will be hnnned from asking job applicants about theircriminal history before making a conditional offer'of employment or from inquiring, about applicants' salary history-'),— unless public agency; county, c!tyor federal regulations overrule the California law. DMV checks are conducted per client requests. 3. Explain your agency's verification of typing speed,, testing for bilingual and MS Office abilities — how are these verified and.tested by the agency? Kenexa Proveltl Provides typing speed testing and testing for all.'of the Microsoft Office suites from the year 2000 to present. In addition having bilingual staff who are capable.of verifying the bilingual. abilities of -our applicants, and candidates,. Kenexa Proveltl also provides 'foe call center Spanish -English Bilingual (audio),.SpanNh Analytical Skills; Spanish Arithmetic,' Spanish Basic Ply bjSantaAho RFP V018009 Cothylaa EnterfiiaF , hic, dbn. HB StaffIng . 26 tunn.. •:.....,. I A.". � .... I—; WAI _ .2.51-92 4. Description of the benefits paid to temporary staff employees; list out by line if agency pays for this benefit or temp staff pays for the benefit including timeline of employment to receive benefit. Temporary Staff Employee benefits include: free resume assistance, software skills tutoring available through Kenexa Proveld, a personal online portal to make changes in their personal information including taxes, phone, address, etc. In addition we notify our staff of opportunities and changes using texting add email. We provide check, direct deposit, and paycard; weekly compensation. • Employees "receive paid holidays after 1000 hrs of work Employees receive end of yearbonus's ($10D-$250) -1960 hrs threshold • United Health Care Gold Package medical coverage is offered to eligible employees based on 390 hrs of work accumulated over three months + .Employees receive up to 24 hours of paid sick leave per year 5. Please provide your process for temporary staff calling out sick, no shows, hot Working out (either on temporary worker side or City side) and returning City property. Prevention: a) Reliability, punctuality and attendance of temporary staff — These are basic but important work characteristics that we quest'on, obtain reference feed -back, and stress to our candidates / employees — throughout the prescreening, placement and post -placement stages. To measure these key factors we make 'quality' calls to clients on a weekly and bi-weekly'basis (as the client allows). Where we find a customer concern, we counsel the employee immediately, log this into their records, and provide ongoing support and follow-up to our customer to ensure the problem is resolved quickly. In certain work situations we have found it useful to predicate pay increases based upon attendance, punctuality and reliability. b) Bas-c workplace 'soft' skills i.e. cooperation, communication skills, customer serv;ce and time management — Our proactive approach to ensure that these skills are at appropriate levels, is to 1) specifically name these skills in our advertising; 2) initially screen for these skills (using behavioral interview techniques where we listen for, as well as query for examples of these skills in use in current or previous positions); 3) reference check for these skills from former employers, and 4) Where suitable, request candidates to complete Kenexa Provelt! assessments that measure skills required in the job. Reaction to Temporary Staffing Calling Out Sick: We open our offices at 7:00am to field any call outs for our field staff. When we receive a call out we email and call the client to inform them of the shortfall. At the same time we offer to substitute a new temporary person. Then we contact the employee to determine the seriousness of their reason for absence and their timeline plan to return to work. If the employee is able to return to work we contact the client to let them know when the employee will return. If the timellne Works for the client we confirm to the employee the expectation of the client and confirm same to the client. No Shows are rare but they do happen. When a temporary staff falls to call or.show up to work the client calls to inform us. We immediately offer a replacement. Following the client call we contact the candidate to check on their situation. Because we do value each vetted candidate very highly we work to understand their no show situation. Where the circumstances they describe are corroborated and/or reasonably plausible we counsel them and maintain their place in our pool of available candidates. Where the City ofSanm Arta RAP NO J8009 v _ r,,,,, .v,:,- Cotbylon Enterprises, Inc., dbo. H65toffing 27 251-93 candidate exhibits no remorse or fails to offer a reasonable excuse they are entered in our system as 'do not use'. 6. Indicate below the name of the person who will be responsible for administering the contract, if awarded, Also include the person's title, telephone number, address and email address a Cathy Volpe is the company President and oversees client satisfaction with public agency, city, county and federal agencies. Cathy is the primary contract administrator. o 714-960-2800 x 803 0 2120 Main Street Ste 250, Huntington Beach; CA 92648 o cvee6@hbstaffine.com INTENTIONALLY LEFT BLANK City a/Santa Ana RFP No'Z8009 CbfhyJon Enterprises, Inc., dbn. H65toffing 't'At)t 251-94 Appendix ATTACHMENT 3: COST PROPOSAL FORM THE FOLLOWING PROPOSAL PRICING 140ST BE BASED ON THE CITY'S WORD SCHEDULE AND DETAILED CRITERIA AS LISTED IN THE SCOPE OF SERVICES SECTION OF THIS REQUEST FOR PROPOSALS. ALL FEES AND EXPENSES MUST EW INCLUSIVE OF ALL APPLICABLE TAXES, LABOR ETC - `PRICING CITY OF'SANTA Overtime Mark= ANA Hourly Pay Rate Min Bill Max Bill Mark-up- OverlitneBlllRIle u_p=46%a.ofOT CLASSIFICATION _ Min to Max Rate Rate - Min to Max pay rate Adniiuistrative 16.50 l3.50 24.09 I 2iAl 4G/o 36.14• 40:52 46% Assistant Serfor Administrative 19.00 22.00 27.74 32.12 46°io 41.61 46:18 46°la Assistant ,I Office Specialist 14.00 16.00 20.44 23.36 I 46% 30.66 35.04 i 46% Accounting Assistant 17,00 19.00 24.52 27.74 46'4u. 37.23 41.61 466A Accountant 26.00' 30.00 37.96 43.50 460A 56.94, 65.76 460/6 Accounting Specialist 20.00 24:00 29.20 3 qi4 46%n. 43,80 .52.56 46% Legal Secretary 23.00 26.00 33.55 37.96 46% 50.37 56:94 46% Provide markup percentage rate agency will utilize to negotiate 46%prices for positions not listed above *Please explain briefly in detail your policy and pricing on the hiring or your temporary wodceis. Minimum Number of Hours to be worked by HB Staffing Employee to Waive Fees: Our temporary employees may be placed on the City's payroll without a fee after completing 520 working, hours with the City. DIRECT HIRE PLACEMENT Direct Hire Services: Should the City wish to hire a candidate referred by H6 Staffing immediately/directly to their payroll, the fee is 15% of the candidates annual gross earnings. This includes.candidates who have been referred for any position within one (1)year cf our most recent communication to the City relevant to such candidate. Example of Fees: $40,000 salary ii 15%= $6,000,fee to HB Staffing $50,000 salaryx 15%=$7,500 fee to HB Staffing Pricing shall remain firm for the entire first term of the Agreement. We understand that if government -mandated costs or expenses are enacted during the contract term, respondents will be allowed to request rate increases to cover these higher rates, upon review and approval from the City. (Per the City's response to Question 19 in Addendum #2. -Page 16 251-95 LIVE SCAN/BACKGROUND CHECK $ No Fee PRICING Additional fee for BILLINGUAL? No Fee t (N a of t Offeror) By: (Signature of offerorr's Representative) Title: (/ /'to -5 Date: -, — , — �0 Ciiy ufSanla Ana RFP I8-009 Page 17 Bankof fterica - January 23, 20.16. Cathyjon Enterprises, Inc. 2120 Main St Ste 250 Huntington Beach, CA 92648 RE: Renewalof$250,000.00RevolvingLine ofCredit .Loan Number: 16-0001695545 Dear Catherine g. Volpe: We are pleased to inform you that Bank of America is granting your loan request. Enclosed are the documents necessary to finalize this loan. You can view your eligible !lank of America line of credit information free ;of charge through our online channel, Business Loans Manager. If you.area Small Business Online Banking user and automatically quarify, simply click on the Business loans link from your Accounts Overview page. The documents are time sensitive and therefore require your immediate attention. Please review the documents oarefully.'lf you have questions about the terms of your request or other banking needs, please call me at 888-6525000, Ext. 8761 to discuss. Your package Includes tba following document*.-, 1. Disbursement and Fee Statement (1) 2. Amendment to Loan Agreement (1) 3. Security Agreement (1) Immediately after execution of all documentation, please return the signed and dated documents in the prepaid United Parcel Service envelope provided for your convenience. If you would like to schedule a UPS pickup, you may call 1-800-PICK-UPS (1.800-742-5877). Please ensure the original loan document(s) are returned and any copies made are kept for your records. The executed documents should be received by the Bank within 10 business days from the date of this letter. If the executed documents are not returned by this date, the terms and conaittons of this loan request are subject to change. Important Information • To access funds, call 1-B88-852-5000 to speak with a service representative. An automated service Is also available. Please ask the service representative to set you up with a User ID and PIN. Thank you for allowing Bank of America the opportunity, to serve your financing needs. We look forward to providing all of your banking needs in the future. Sincerely, Yen Grrag^er VP; Small Business Client Manager TwBarCodeClosing Instructions 251-97 Cath_yJon Enterprises,. Inc. DBA: HB Staffing Public Agency Staffing Solutions (PASS) DIFFERENTIATORS Founded 2000, Cathylon Enterprises, Inc., dba HB Staffing, is a Woman - Owned, Small Business Enterprise (SBE); headquarters Huntington Beach, CA. We are a full service staffing and solutions provider to commercial, non-profit, public agency and federal government agencies throughout the U.S. We are SBA Certified WOSB/EDWOSB and WBENC (Women's Business Enterprise National Counsel) Certified. Our PASS (Public Agency Staffing Solutions) Division focuses -on recruitment and placing administrative, professional/management and trades/labor personnel with cities; municipalities, utilities, ports, counties and other public entities. Dun & Bradstreet Open Ratings. scored our Customer Satisfaction Performance Ratings: 96%/95%, placing us in the top 4-5% of staffing services. Who We Serve: ,Services We Offer: • City Governments Temporary Staff • .County Governments • Contract Staff • Special Districts • Temp -To -Hire • Colleges & Universities • Direct Hire • Other Public/Government Agencies • Executive Search • Corporations/Business Enterprises • Payroll Services CURRENT & PAST PERFORMANCE Since 2000, we have placed thousands of temporary/direct hire personnel with over 500 commercial companies /public and government agencies, including: • County of San. Diego —30 Departments/Sections • Cities of Huntington Beach, Anaheim, Murrieta, Newport Beach, Irvine • Southern California Association of Governments (SLAG) o County of Orange, CA-35 agencies/departments • San Diego County Water Authority • San Diego County Port District • Department of Agriculture —Yakima, WA and Salinas, CA ■ Department of Homeland Security - Dallas,TX • Department of Interior— Washington, DC and MT • Department of Justice — Seattle, WA • Department of Labor —Seattle, WA • Department of the Navy, Monterey, CA • U.S. Air Force — Los Angeles, CA Contact Cathy Veo— cvee(ahbstaffine.cam orlon Paul—ivaul@hbstatfine.com 714-960-2800- 2120 Main Street, Ste ZSO, Huntington Beach, CA 9Z648 251-98 �1 CATHENT-01 .4Cof2v' CERTIFICATE OF LIABILITY INSURANCE PPISANO DATE (MMIDD YYYY) 04/24/2018 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 policy(ies) must have ADDITIONAL INSURED provisions or 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 endorsements . PRODUCER CTK North American Insurance Services, LLC I INSURICA 1240 North Lakeview Avenue, #240 Anaheim, CA 92807 CONTACT (PAHOIN o, E,n : (714) 779-2000 ui. No :(714) 779-4129 E-MAI INSURER 5 AFFORDING COVERAGE NAIL p INSURER A: Zurich American Insurance Company 16535 INSURED CathyJon Enterprises, Inc. 2120 Main Street, Ste 250 Huntington Beach, CA 92648 INSURER B: American Guarantee and Liability Ins. Co. 26247 INSURER C: INSURER D: INSURER E INSURER F : COVERAGES CFRTIEICATF NI IMRFR- REVISION NUMBER - 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 REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO 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 11R.A TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY UP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 11000,000 CLAIMS -MADE �X OCCUR X PRA590649205 0510112018 05/0112019 DAMAGE TO RENTED PREMISES (5, occurrence) 100,000 MED UP (Any oneperson) 10,000 PERSONAL B ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICYjECT LOC GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 ABUSIVE ACTS 1,000,000 OTHER- A LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Per erson $ ANY AUTO PRA590849205 05/0112018 0510112019 BODILY INJURY Peraccident $ POMOBILE OWNED SCHEDULED AUTOS ONLY AUTOSWNE PeOaoc tlent AMAGE $ AUTOS ONLY X 00 ONLY B X UMBRELLALIAB OCCUR EACH OCCURRENCE 11000,000 EXCESS LIAB CLAIMS -MADE UMB649949905 05101/2018 0510112019 X AGGREGATE 11000,000 DED X I RETENTION$ 0 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN AAWPROPRIET RJPREARTNER ECUTIVE ❑ (Mantlstory In NH) NIA PERISTATU OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE E.L. DISEASE -POLICY LIMIT byes. descnbe under DESCRIPTION OF OPERATIONS below A Crime PPA590849205 05101/2018 05/0112019 $2,500 ded 50,000 A Professional Liab. PRA590849205 05/0112018 05101/2019 $1 MI$2M DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101. Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana, Its officers, employees, agents, and representatives are named as additional Insured as respects to general liabilty. The City of Santa Ana shall be goven 30 days written notice of cancellation. Insurance afforded is primary and non-contributory. Separation of Insured endorsement. City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A U THOR IZED REPRESENTATIVE 1 ACORD 25 (2016103) ©1988-2015 ACORD CORPORA I IUN. All ngnts reserveD. The ACORD name and Ic psi rerVilyed marks of ACORD Other Insurance Amendment - Primary And Non -Contributory ZURICH" Policy No. I Err. Dale of Pot. Exp. Date of Poi. E0. Date of End. Producer No. Addl. Poem Retum Prem. PRA590849205 5/1/18 5/1/19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Cathylon Enterprises, Inc, Address (Including ZIP Codep 2120 Main Street Suite 250 Huntington Beach, CA 92648 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV • Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other Insurance available to an additional insured under this policy provided that a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any any other insuranceavailable to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV • Commercial General Liability Conditions: This insurance Is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, In which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional Insured is a Named Insured an such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1327-B CW (0413) Includes copyrighted tnaredal of Insurance Services Office, Imo. with its Pamision. Page 1 of 1 251-100 Endorsement N Cancellation By Us Potiey No. E(LDaaorPol I Exp.DateorPot. I ER.DatcofEnd. PmducwNo. Add[Nem, R.W.Pam. PRA590849205 5/1 16 1 5/1/19 Named Insured and Mailing Address: Cathylon Enterprises, Inc. dba HB Staffing 2120 Main Street Suite 250 Huntington Beach, CA 92648 Producer: World Wide New York Insurance Services, Inc. 68 South Service Road Suite 235 Melville, NY 11747 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided by the following: Boller and Machinery Coverage Form Business Auto Coverage Form Commercial Crime Coverage Form Commercial General Liability Coverage Form Commercial Inland Marine Coverage Form Commercial Property Coverage Form Farm Coverage Form Garage Coverage Form Liquor Liability Coverage Form Motor Carrier Coverage Form Pollution Liability Coverage Form Products/Completed Operations Liability Coverage Form Truckers Coverage Form SCHEDULE Number of Days' Notice: 30 Any person or organization with whom you have agreed to provide 30 days prior written notice of cancellation, as Identified on the list of such persons or organizations that is currently on file with the company (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2, of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shrew in the Schedule above. Signed by: Authorized Representative Date 251-101 U411-298 a CW (04.94) Page 1 of 1 POLICYNUMBER: ' PRA590849205 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person or organization who you are required to add as an additional insured on this policy under a contract or agreement shall be an Insured, but only with respect to that person's or organization's liability arising out of your operations as a "Staffing Service" or premises owned by or rented to you. Informal on required to complete this Schedule, if not shown above, will be shown in the Declaretions. Section 11 . Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", 'property damage° or "personal and advertising Injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of f 251-102 (3) When this insurance is excess over other c. We have issued this policy in reliance upon insurance, we will pay only our share of the your representations. amount of the loss, if any, that exceeds the 7 Separation Of Insureds I j sum of P Except with respect to the Limits of Insurance, and (a) The total amount that all such other any rights or duties specifically assigned in this insurance would pay for the loss in the Coverage Part to the first Named Insured, this in - absence of this insurance; and surance applies: (b) The total of all deductible and self- a. As if each Named Insured were the only insured amounts under all that other in- Named Insured; and surance. b. Separately each insured against whom claim (4) We will share the remaining loss, if any, s is made or suit" is brought. " with any other insurance that is not de- scribed in this Excess Insurance provision 8. Transfer Of Rights Of Recovery Against Others and was not bought specifically to apply in To Us excess of the Limits of Insurance shown in if the insured has rights to recover all or part of the Declarations of this Coverage Part. any payment we have made under this Coverage c. Method Of Sharing Part, those rights are transferred to us. The in- sured sured must do nothing after loss to impair them. At f all of the other insurance permits contribution our request, the insured will bring "suit" or transfer by equal shares, we will follow this method al- those rights to us and help us enforce them. so. Under this approach each insurer contrib- utes equal amounts until it has paid its applica- 9. When We Do Not Renew ble limit of insurance or none of the loss If we decide not to renew this Coverage Part, we remains, whichever comes first. will mail or deliver to the first Named Insured If any of the other insurance does not permit shown in the Declarations written notice of the contribution by equal shares, we will contribute nonrenewal not less than 30 days before the expi- by limits. Under this method, each insurer's ration date. share is based on the ratio of its applicable lim- If notice is mailed, proof of mailing will be sufficient it of insurance to the total applicable limits of proof of notice. insurance of all insurers. SECTION V — DEFINITIONS 5. Premium Audit 1. "Advertisement" means a notice that is broadcast a. We will compute all premiums for this Cover- or published to the general public or specific mar - age Part in accordance with our rules and ket segments about your goods, products or ser- rates. vices for the purpose of attracting customers or b. Premium shown in this Coverage Part as ad- supporters. For the purposes of this definition: vance premium is a deposit premium only. At a. Notices that are published include material the close of each audit period we will compute placed on the Internet or on similar electronic the earned premium for that period and send means of communication; and notice to the first Named Insured. The due date b. Regarding web -sites, only that part of a web - for audit and retrospective premiums is the site that is about your goods, products or ser- date shown as the due date on the bill. If the vices for the purposes of attracting customers sum of the advance and audit premiums paid or supporters is considered an advertisement. for the policy period is greater than the earned premium, we will return the excess to the first 2. "Auto" means: Named Insured. a. A land motor vehicle, trailer or semitrailer de- c. The first Named Insured must keep records of signed for travel on public roads, including any the information we need for premium computa- attached machinery or equipment; or tion, and send us copies at such times as we b. Any other land vehicle that is subject to a cwm- may request. pulsory or financial responsibility law or other 6. Representations motor vehicle insurance law in the state where By accepting this policy, you agree: it is licensed or principally garaged. a. The statements in the Declarations are accu- However, "auto" does not include "mobile equip - ment". rate and complete; b. Those statements are based upon representa- tions you made to us; and Page 12 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 ❑ 251-103 251-104 Exhibit 5. Helpmates Proposal in Response to RFP PROPOSAL Specifically prepared for: City of Santa Ana e alt�es:p.�,m - Staffing Services REQUEST FOR PROPOSALS RFP NO.: 18-009 FOR: TEMPORARY STAFFING SERVICES February 26, 2018 ORIGINAL 251-105 1. COVER LETTER February 26, 2018 City of Santa Ana Attn: Eva Goods, Buyer Purchasing Division 20 Civic Center Plaza, Room 429 Santa Ana, CA 92701 Dear Eva Thank you for this opportunity to provide The City of Santa Ana (City) with a proposal that outlines our detailed service capabilities. This customized proposal is our response to the City's RFP NO.: 18-009 for Temporary Staffing Services, demonstrating Helpmates intent to perform the services and qualifications for selection for the City. Helpmates understands the purpose of this Request for Proposal is to identify qualified Contractor(s) to provide professional temporary staffing services for the City of Santa Ana's employment needs. Temps will work under the City's 9/80 work schedule (Monday to Thursday 9 hour workdays, Friday 8 hour workday and closed every other Friday), although the requirements will fluctuate during the agreement period. We look forward to discussing with you in more detail how a partnership with Helpmates will give you the optimum in valued -added customer service, and the highest return on your staffing investment. We acknowledge receipt of all RFP Addenda. The contact person during the proposal evaluation, and who will have the authorization to bind the firm to the terms of the proposal with the City is Kevin Willard; his contact information follows his signature below. This letter also serves as our signed statement attesting that all information submitted with the proposal is true and correct. Sincerely, Kevin Willard Regional Director, Orange County Trust Temporary Services, Inc. (DBA Helpmates Staffing Services) Fed ID:95-3537532 1200 Main Street, Suite B Irvine, California 92614 949-225-5025 direct phone 949-752-6888 phone 949-752-4900fax Email: kwillard ),helumates.com This proposal shall remain valid for a period of not less than 120 days from the date of submittal. Helpmates Staffing Services 2 RFP 18-009 Response 251-106 2. TABLE OF CONTENTS 3. Exceptions to RFP Terms and Conditions............................................................4 4. Qualifications/Experience .......................................................................................5 General Overview of Helpmates History/Helpmates Profile..................................5 Description of Helpmates Financial Condition....................................................... 6 Helpmates Experience Related to the City.............................................................. 7 WorkPlan ................................................................................................................ 8 SpecialistRecruiting................................................................................................8 Candidate Selection Process..................................................................................11 Skills Assessment and Testing..........................................................................13 Communication Plan — Temporary Employee Ordering Process .........................13 The Lifetime Customer (TLC) Process.................................................................15 Method to Approach Quality, Budget, & Schedule Control.................................16 5. Key Staff.................................................................................................................20 6. References..............................................................................................................22 7. Certifications..........................................................................................................24 • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification 8. Questionnaire.........................................................................................................25 9. Pricing Proposal 30 HelpmatesSamples.....................................................................................................32 Helpmates Specialist Employee Handbook Example of Orientation Brochure, which will be customized for the City Example of Helpmates Specialist Employment Audit Form Example of Assignment Acceptance Start Sheet, Entailed to Specialist Example of Webtime Technology Electronic Timecard Timecard Awaiting Approval Pending Timecard Non Submitted Timecards and Pending Timecards Approve or Reject Timecard Timecard Approved Email Confirmation Example of Paper Timecard Example of Billing Invoice Example of Monthly Report Example of Seminar Flyer Helpmates Staffing Services 3 RFP 18-009 Response 251-107 3. EXCEPTIONS TO RFP TERMS AND CONDITIONS Helpmates has no exceptions to this RFP's Terms and Conditions. Helpmates Staffing Services 4 RFP 18-009 Response 251-108 4. QUALIFICATIONS/EXPERIENCE General Overview of Helpmates History Helpmates Profile Founded in Orange County, California in 1972, Helpmates of California was reformed in 1980 as Trust Temporary Services, Inc. a California Corporation, dba Helpmates Staffing Services (Helpmates). Over the past 45 years Helpmates has grown into one of the largest and most well respected regional staffing services in Southern California, staffing over 250,000 positions in a vast category of industries and governmental organizations. With our many years of progressive success, Helpmates is extremely confident in our ability to support the mission of the City in providing all of its facilities and departments with cost efficient, value driven and outstanding quality temporary and contract staff. Helpmates Company Information Type of Company: Corporation Full -Time Service Offices: Irvine 1200 Main Street, Suite B Irvine, CA 92614 Supporting Branch locations: Cerritos 13221 South Street Cerritos, CA 90703 Cypress 6101 Ball Road, Suite 101 Cypress, CA 90630 Buena Park 5600 Beach Blvd. Buena Park, CA 90621 Corporate Offices 1200 Main Street, Suite A Irvine, CA 92614 For over forty-five (45) years, Helpmates continues to deliver staffing solutions to a variety of businesses and government locations throughout Southern California. Our extensive Southern California customer base includes government entities, educational institutions, non-profit organizations, banking, finance/accounting and other service related industries. The majority of our staffing service clients utilize temporary staff in very similar positions and skill classifications, and require similar workforce management support as outlined in this RFP. Helpmates Staffing Services 5 RFP 18-009 Response 251-109 Our staffing service capabilities include: • Traditional intermittent temporary staffing • Special project staffing • Short notice, quick response emergency situation staffing • Temp -to -hire • Direct hire • Recruitment Process Outsourcing (RPO) • Worksite safety and risk management services, including consulting services • Staffing workforce management, performance matrix and executive consulting • Employment and career counseling related consulting services We are focused on consistently delivering the right staffing solutions. One measurement of our success in doing so is our national recognition by the independent professional survey firm, Inavero Institute (www.inavero.com). Over the last ten (10) years, based on very specific independent survey feedback, Helpmates has been recognized nationally in the top 2% of all staffing firms by our clients and temporary Specialists via the Inavero Institute and its national annual staffing customer and employee surveys. We consistently deliver what we promise, year after year, and our Inavero results confirm that we do deliver! Description of Helpmates Financial Condition Helpmates Staffing Services is a financially stable and consistently profitable organization. There are no outstanding conditions or known impeding issues that would impede Helpmates' ability to complete the contract. Helpmates most current Confidential Audited Financials are included on the following pages. Helpmates Staffing Services 6 RFP 18-009 Response 251-110 Helpmates Experience Related to the City Since 1972, Helpmates has been providing temporary, full-time and other innovative staffing concepts to a wide variety of private and public clients throughout Orange County and Southern California. As the needs of our clients and employees have developed and changed, sometimes with very little advance notice, Helpmates has proactively embraced a Continuous Improvement philosophy. This philosophy has allowed us to create and implement innovative solutions to staffing challenges, which directly benefits our clients and employees/Specialists. A few examples include: • Designing a staffing model that reduced overtime, increased productivity and saved our client over $2 Million annually in direct labor costs led by: o Mario Soto o Rosalie Villa • Identified and re -engineered a manufacturing process which reduced workers' comp frequency by 80%, increased employee satisfaction and reduced turnover by 50%, potentially saving millions of $$ in workers' comp costs, workplace related lawsuits and employee downtime. o Mario Soto o Helpmates Risk Manager • Identified and upgraded a recruiting and hiring process for a large project of clerical workers, which increased productivity by 35%, while reducing FTE headcount and employee turnover ... out of 26 staffing services used nationally, we were ranked number one! This effort was led by: o Mario Soto o Rosalie Villa • Embraced Federal Law and technological change and were one of the first staffing services in Southern California to combine E-Verify and Social Security matches to adhere to the Federal employment law, with no exceptions ... a commitment to practicing our Helpmates Value of Honesty and Integrity • Embraced technological change and invested early in the ability for candidates to utilize online tools to apply, take assessments and use all of the skill improvement training modules, at no cost to the candidate or Specialist • The first staffing service in Southern California to mandate gaps of employment verification as part of the hiring criteria to minimize the impact of predator candidates with Helpmates and our client worksites • The first staffing service in Southern California to implement candidate integrity testing, in addition to the myriad of other candidate checks, as outlined on pages 11-12. The first staffing service in Southern California to require all full time Helpmates staff to become Certified Staffing Professionals through the American Staffing Association and to maintain this credentialing as a condition of employment. Only 4% of the staffing companies in the industry actively promote this professional certification and employee development opportunity • One of only a few staffing services nationally (<100), and even fewer locally (<3) that are ASA Workers' Comp Certified for best practices and annually pass a rigorous worksite audit, out of 17,000 staffing services nationally • Helpmates is the first to earn Safety Standard of Excellence Mark From American Staffing Association and National Safety Council. The program was designed by Helpmates Staffing Services 7 RFP 18-009 Response 251-111 the American Staffing Association and the National Safety Council, and promotes Industry -wide Safety Best Practices. Our service model is ideally suited to those clients who have varied needs, in multiple locations, and require and value an extensive and consistent staffing process and program provided by their staffing partner, Helpmates WORK PLAN Helpmates Understanding of City Scope of Work Approach to Completing Work Specified in the Scope of Work First and foremost, as an EEO employer, we seek candidates from numerous civic, educational and professional sources. Helpmates does not discriminate in any form of recruiting or job order taking, and actively promotes and practices compliance with all Federal and State employment laws as it pertains to recruiting, assessing and selecting the best qualified candidates, without regard to sex, race, ethnicity, national origin, veteran status, disability, age, religion, or any other legally protected status. Our methods have one Mission: To maximize the City's performance by consistently sourcing and delivering the right talent and services in the most cost efficient and expedient manner. In order to achieve our mission as stated above, and to achieve the world -class results we have accomplished, our methodology is a multi -step approach which includes the following components: Helpmates Activities Undertaken in Completing the Work The Helpmates City Team Our success starts with our experienced Helpmates City Team, which is professionally trained and ASA CSP certified. A brief summary of their collective experience includes: • A Helpmates City Team with over one -hundred and thirty (130) years of combined staffing experience! • A Helpmates City Team of ASA Certified Staffing Professionals (CSP) • CSP designated Helpmates Senior Management Team actively involved in managing and supporting the Helpmates City Team Specialist Recruiting Second, the Helpmates recruiting process has a simple mission: Retain our current highly qualified Specialists, and attract the best possible flow of qualified candidates in the most efficient and expedient manner possible. As a means of distinguishing Helpmates from similar employers, we employ the following strategies to retain our outstanding Specialists, and to maintain a constant flow of qualified candidates: We offer unique employee benefits, including: ➢ Up to two (2) weeks/year Special Incentive pay for long-term employees ➢ Up to three (3) days or 24 hours of accrued CA Paid Sick Leave per year ➢ Holiday Pay Helpmates Staffing Services 8 RFP 18-009 Response 251-112 ➢ Affordable Care Act (ACA) compliant Healthcare ➢ Dental, Vision and Term Life Benefits ➢ 401Kplan ➢ Credit Union Membership ➢ Employee portal for ease of self -managing confidential employee data ➢ Long-term assignments ➢ Online Skills enhancement and training ➢ Customized employee orientations for varying work environments ➢ Workplace Safe Practices incentives ➢ Unlimited referral bonus program ➢ Employee of the Month recognition ➢ ASA National Employee of the Year recognition Helpmates Staffing Services 251 -113 9 UP 18-009 Response The recruiting chart below highlights the most important resources of our recruiting and candidate flow strategy: Specialized Recruiting Sources; Trade/Vocation/Business Schools, Industry and Professional Associations # 1 Source is Employee Personal Referrals Employees like to work with other qualified employees and Helpmates! Community Involvement; Established Relationships with Trade and Technical Schools; Colleges and Universities, Promoting Career Days and Presenting Employment Seminars Specialized Recruiting Sources; Trade/VocationBusiness Schools, Industry and Professional Associations Community Events; Various. Job Fairs and Charity Events Held Throughout Orange County Job Postings on Internet Websites,;Job Boards, Trade Publications and' Newspapers Outplacement; Provide On -site Recruiting and Job Transition Training in the Event of Reductions in Staff Staffing Services 10 RFP 18-009 Response 251-114 Candidate Selection Process The third piece of our process to deliver outstanding results and achieve our stated City Mission is in assessing, selecting, employing and delivering the right talent. Our methods for doing so are outlined below: Initial P,ltonePre-Screen t F a a a Hiring Criteria Not Met Hiring Criteria Met The Helpmates candidate selection process is both scientifically and experiential based. As the flow chart outlines, each candidate is thoroughly assessed, in -person interviewed, referenced checked and background checked for the skills and experience as indicated on their application and resume. Helpmates Staffing Services 11 RFP 18-009 Response 251-115 In addition, during the approximately two hours they are in our office, the candidates are continually monitored for their appearance (with the City dress code in mind), behavior and ability to follow directions. As the candidates are "auditioning for work," our belief is that their workplace behavior is as good as it will be, thus, what we experience is what you, the client, will experience. All of our candidates/Specialists must successfully pass both parts of our assessments: scientific as well as in -office experiential assessments administered and evaluated only by our highly -skilled CSP certified Helpmates City Team. Helpmates will provide a comprehensive catalog of clerical, office, accounting and other related administrative support service options to the City. Helpmates further agrees to; • Compare job requirements with worker qualifications and will email resume and test results of temps as requested. • Provide appropriate method to match the City's needs within the specified time frames. • Coordinate all schedule work dates with City at least one business day before the start of assignment. • Provide a detailed proposal and invoice, according to the specifications prescribed by the City department, which will include the City Agreement Number. As additional clarity, the following outlines our extensive pre -employment background check process and ensure the following prior to recommending any Temp for placement to the City: • Ensure that work authorization has been obtained and is current for individuals referred to the City for assignment via I-9 (employment eligibility verification) • Ensure that Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) • Ensure that temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services • Ensure that typing speed is at least 30 wpm and Microsoft Office abilities have been tested and are met with positive results as required • Ensure that temporary worker is bilingual when this is requirement for assignment • Integrity Testing — online at Helpmates offices • Reference Checks — personally conducted by Helpmates Team • Employment gap checks — personally confirmed by Helpmates Team • Personal Interviews — personally conducted by Helpmates Team • E-Verify — online conducted by Helpmates Team before starting any assignment • Social Security Checks — completed by Helpmates Team at time of first payroll All of the screening checks are conducted on every potential Helpmates Specialist that will work for Helpmates at the City. We believe this is an important cornerstone of our assessment and hiring process, as well as the industry leading quality results we deliver. In 2017, the Helpmates Strategic Recruiting and Selection process generated over 15,000 Southern California candidate contacts, 10,000 candidate interfaces and interviews, with only 3,300 new employees hired for assignments. We are proud of our Specialists and the select few that we have chosen to employ. And, we know, through the annual Inavero Helpmates Staffing Services 12 RFP 18-009 Response 251-116 Employee Survey and the ASA turnover statistics, that our process and programs are highly valued by our Specialists. Skills Assessment and Testing Every Helpmates Specialist is professionally screened and evaluated to ensure quality, production of work and work behavior by the following methods: Detailed Employee Applications • Work experience • Educational background Basic Clerical Testing • Three (3) most recent jobs • Ability to follow directions • Ability to categorize items alphabetically • Basic math • Handwriting • Spelling • Typing Speed & Accuracy Helpmates Prove It! Our offices are equipped with the Helpmates Prove It Evaluation and Training System*. The Helpmates Prove It system thoroughly assesses the skills of all clerical/administrative personnel, with hands-on, practical tests and program simulations. This system allows us to customize evaluations to match specific client requirements. Secretarial/Clerical • Drafting of General Correspondence • Typing Speed and Accuracy • Statistical Typing • Transcription Data Entry • Alpha • Numeric • Ten Key/Reverse Ten Key Software • Microsoft Word • PowerPoint • WordPerfect • Windows • Excel • MAC • Lotus 1-2-3 • Access Skills Enhancement • Typing • Word processing/Windows • Ten Key/Reverse Ten Key *This assessment and skills enhancement technology is available for client utilization when evaluating your own full-time applicants. Helpmates Prove It! has the capability to assess in excess of one thousand different skill sets. All testing, assessments and skills enhancement on the Helpmates Prove It! system will be done at no charge to the City or to any Helpmates Specialists. Communication Plan — Temporary Employee/Specialist Ordering Process The fourth piece of our process is to maximize the effectiveness of communication between the City and Helpmates. As part of our unique service offerings to the City, and as a means to make working with us as simple and efficient as possible, we will customize whatever ordering and communication process is most preferred by the City. The process for ordering a Specialist generally includes the following: • City representative deciding how many and which job classifications • Add/delete any specific skills/experience required • Determine length of assignment, start date, and reporting details • Determine location, hours required and other location specific details Helpmates Staffing Services 13 RFP 18-009 Response 251-117 Determine best method and timing for Helpmates to follow up with assigned Specialist Communication Options • Telephone — both office and personal cell, if appropriate • Email • Text to smart phones/tablets • Fax • Skype, Face Time or other similar conferencing tools Response Plan • Within 30 minutes of receipt, all orders will be acknowledged and a progress update provided • We will follow up with the City within two (2) hours to report status of providing name(s) of temporary workers who have the skills required for the assignment. for City approval and based on the above, generally can confirm a qualified employee within two hours. • Once a candidate is selected, and the hourly pay rate has been agreed upon, Helpmates shall provide City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the markup rate. The City will then sign the proposal in approval. All invoices must include the agreement number. We have the capability and flexibility to accommodate what is easiest for the City, both now and as circumstances and procedures change. In addition Helpmates understands and agrees; • The City reserves the right to end a Temp's assignment if work performed is substandard, attendance is poor, or for other business related reasons. We shall remove any temporary worker from assignment at City's request, and at the time requested by City and provide replacement temporary worker if required by City. • We shall be responsible for all decisions concerning matters of hiring, firing, discipline, payroll practices, employee benefits such as vacation, sick and other leave benefits. Temporary workers provided by Helpmates shall be considered employees of the Helpmates and shall in no sense be considered employees of agents of the City. • We shall be responsible for communication with temporary workers with respect to their duties as employees of Helpmates. • We will provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Proposal Pricing Sheet. • Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 - June 30). Helpmates Staffing Services 14 RFP 18-009 Response 251-118 Extended Hours: One of our most successful value-added services is our extended hours' program. Each workday, Helpmates offices are staffed from 7:30 a.m. to 5:30 p.m. and our staff is available to fill orders with prompt, productive Specialists who are ready to start working when your business day begins. Additionally, in last minute or emergency situations, appropriate City representatives will have the business cell numbers and email addresses for the Helpmates Project team. In the off chance this is needed, the Helpmates staff can be available via email, text or phone. 24-Hour On -Call Service: Gena Monroy will be assigned to your account. Our answering service allows the City to be connected immediately to Gena or to an alternate contact when needed. The Lifetime Customer (TLC) Process The goal of "The Lifetime Customer" (TLC) process is to support the City with qualified staffing Specialists and to consistently meet or exceed expectations and requirements. Our "TLC" review allows us to evaluate and improve our performance by measuring that performance against the City's stated criteria. The Lifetime Customer process includes three major areas: ♦ Establishing mutual goals and timelines with the City ♦ Measuring the quality of all Specialists, order fill response time and overall service performance ♦ TLC Service Reviews (quarterly or as agreed upon with the City) to focus on improving process, methods and programs and establish action plans and agreed upon goals At every level of our organization, Helpmates fosters a thorough understanding of customers' needs along with an awareness that quality is a constant process of improvement. The Lifetime Customer Review process is a practical, yet powerful approach that best exemplifies our commitment to continuous improvement and long-term partnerships with our clients. As part of The Lifetime Customer process, the following services will be agreed upon and provided: ♦ First and Second Day Quality Checks The first day quality check is made approximately 15 minutes after the assignment starts to confirm that the Helpmates Specialist has arrived safely. The second day quality check is also completed within 15 minutes of the start time and focuses on the Specialist's work performance and productivity from the previous day. ♦ Weekly Updates Helpmates' Weekly Updates have multiple purposes: To guarantee the performance of the Helpmates Specialist in terms of productivity, quality, punctuality, attendance, and behavior, as well as to determine if the Specialist is required the following week. ♦ Final Performance Evaluations A final evaluation is documented on each Specialist who has completed an assignment at our client site. This evaluation rating is maintained in the Specialist's and the City's data file for discussion at the TLC reviews and for future reference. Helpmates Staffing Services 15 RFP 18-009 Response 251-119 As an additional step in our quality control process, our Specialists will receive the following customized City orientation prior to starting a City assignment: • General orientation and Helpmates Specialist handbook review • Specific orientation and Specialist review of the Helpmates customized City employee orientation brochure, including dress code requirements • Prior to starting a City assignment, there is an email confirmation with the assignment details (Assignment Acceptance Start Sheet), sent to the assigned Helpmates Specialists • Disbursement of employee ID badge, parking pass, etc., if appropriate We have included samples of the following in the Helpmates Sample Section of this proposal, which are used during the orientation: • Helpmates Specialist employee handbook • A sample of a customized orientation brochure, which will be customized specific to the City work place(s), rules and regulations • An example of an Assignment Acceptance Start Sheet which is emailed upon acceptance of an assignment with our assigned Specialists Methods of Approach to Quality, Budget, & Schedule Control Helpmates Quality Control Plan A very important part of Helpmates performance, and ultimately what sets all services apart, is the quality component of our service offering. The Helpmates Quality Control Plan has four (4) vital components, which are outlined and explained as follows (please note that the frequency of meetings mentioned is recommended, but ultimately the frequency will be determined by the City): 1. City Quality Control Plan Overview • The RFP, Contract and all pertinent data is retained either on the Helpmates TalentLink System, in confidential files, or both and is readily available • Weekly reports emailed to designated City personnel for quality review, financial data, department usage etc., or as required by the designated City personnel • Monthly/quarterly meetings, as agreed to by the City will include: i. Overall contract compliance review ii. Specific data metrics such as fill rates/refills, etc. iii. Specific goals/objectives for the next month established iv. Establish future meeting date/agendas 2. Helpmates Irvine Office Quality Review • Daily Helpmates City team office huddles are held for updates and progress reports on pending or open orders • Communication with City staff daily or as frequently as needed for quality updates and performance feedback • Weekly Key City internal metrics review • Monthly City performance review internally prepared and discussed • Strict adherence to the comprehensive Helpmates employee selection process which is included on page 11 Helpmates Staffing Services 16 RFP 18-009 Response 251-120 Monthly random hiring audits performed by Max Torres, Helpmates Manager of Risk Management Helpmates TalentLink is the primary tool used for managing all City data and metrics, along with the Helpmates Specialist Employment Audit checklist (a copy of our Employee Audit Form is included with Helpmates Samples) 3. Helpmates Temporary Employee/Specialist Review • On new City assignments, each Helpmates employee is called on the first and second of their assignment to determine the employees comfort level and job satisfaction • During the course of all assignments, each Helpmates employee is frequently communicated with to continue the job satisfaction quality review process and enhance employee retention • Weekly, or as often as the City allows, specific performance feedback is requested and documented in the employee file and the City file on Helpmates TalentLink • Upon receiving specific employee feedback, the Helpmates City Team shares this performance feedback as appropriate • Annually, the City is asked to participate in the Inavero Institute Client Survey, which is referenced throughout, and the results are shared with the City and our internal staff • Based upon the multiple levels of feedback, the Helpmates City staff develop specific action plans to improve upon our performance, thus embodying the Helpmates culture of Continuous Improvement and Exceed Expectations 4. Helpmates Full -Time Employee Quality Plan The foundation of our Helpmates' comprehensive Quality Plan are our internal employees, which includes the Helpmates City Team. The primary tools involved in this plan include: • A comprehensive hiring process • Mandatory successful completion and bi-annual recertification of the Certified Staffing Professional (CSP) certification via the American Staffing Association • Ongoing professional development and skills enhancement training • Periodic employee performance reviews • Suggested annual employee professional resume updates to illustrate the many ways our employees have grown and developed • Annual employee surveys geared towards specific and candid feedback re: Helpmates, the workplace, benefits and overall employee satisfaction • Helpmates employment anniversary recognitions; flowers sent during the employees anniversary week and public acknowledgment at our quarterly meetings In conclusion, the four (4) corners of our quality control plan embrace all aspects of our people business. We believe that our comprehensive quality approach is the catalyst for the superior results we are achieving with our clients, employees and Specialists. Helpmates Staffing Services 17 UP 18-009 Response 251-121 Budget and schedule control The City will be provided a secure portal that will allow for reviewing all financial data and temporary scheduling data applicable to services provided by Helpmates. The appropriate authorized City personnel will have the ability to review/print customized reports on demand as frequently as needed. As an alternative, Helpmates can provide this same data on the frequency required by the City and the various utilizing departments. How Helpmates Proposes to Address Special Issues or Problems Action Plan for Handling Issues or Problems Associated With Temporary Staffing: As a provider of services to organizations that deal in potentially urgent or emergency matters, Helpmates has in place the following urgent/emergency action plan: • The appropriate City representative will have the personal cell number of an Helpmates City Team member, as appropriate • The Helpmates Irvine office has an after-hours live answering service, who also have the personal cell numbers of the office staff for urgent/emergency contact • All Helpmates City team members have off -site Helpmates TalentLink mobile access to all City and Specialist data for emergency needs or after hours contact • Helpmates also has an emergency preparedness plan in case of area/regional issues that require a triage approach for handling urgent/emergency matters • In the case of employee workplace issues, each Helpmates staff is a Certified Staffing Professional, and is trained to professionally mitigate and minimize any workplace drama and workplace liability • With the Helpmates extensive quality review process, including specific proactive performance management, issues will be quickly and professionally resolved and go -forward improvement processes activated and measured Customized Reporting/Technology Access In supporting the City, Helpmates' technology systems will accommodate a client and/or candidate access to real-time data. Other data options can be customized as needed by the City. ➢ Client Portal • Reports for all employees on assignment • Management and supervisor access to order status • Invoice and accounting access • Reporting on headcount, financial spend, and invoice aging • Timekeeping approval ➢ Candidate/Employee Portal • Timecard entry • Assignment history • Benefit data • payment history and wage statements ➢ Helpmates • Order distribution • Online time entry and approval • Consolidated billing Helpmates Staffing Services 18 RFP 18-009 Response 251-122 • Spend and Usage key data • Key performance data Budget/Cost Savings ➢ The Helpmates professional Risk Manager, Max Torres, is included in our pricing, and available for consultation in the areas of risk management, safety, safety programs, safety committees and worksite safety training ➢ Hosted quarterly legal and employment law seminars for training of department heads, supervisors and leads... an educated management team will save you money with reduced workplace liability issues (a copy of our March seminar is included in the Helpmates Samples section) ➢ Industry leading NPS results from both clients and employees/Specialists indicating the high quality of Helpmates services, which reduces turnover, reduces problem employees and the drama associated with these issues, which saves you training time, increases productivity and saves you money ➢ The Helpmates Guarantee which states: By participating in our quality control process, we 100% guarantee the performance of our employees. You will only pay for what you are satisfied with, and no more, regardless of the length of assignment... no time limit! Helpmates Staffing Services 19 RFP 18-009 Response 251-123 5. KEY STAFF Key Helpmates Employees Servicing the City: Gena Monroe. CSP — Talent Relationship Supervisor (and City Project Manager) gmonroyCd,helpmates.com; 949-752-6006 Gena joined Helpmates in 2008 and has over 15 years of staffing industry experience. Her responsibilities include recruiting, screening, assessing and hiring specialized employees, customer service, internal employee development and training. Gena manages some of our largest client relationships as the key contact, conducting Specialist supervisory duties, streamlining effective reporting metrics and coordinating temporary and direct hire placements. Her experience and consultative approach makes her uniquely qualified to effectively drive positive results and maintain lasting relationships. Jonathan Lopes, CSP — Talent Relationship Manager dopes n helpmates.com; 949-752-6006 Jon joined Helpmates in 2015 and has over 18 years of staffing industry experience. His responsibilities include management over the recruiting and operations of the branch along with screening, assessing and hiring specialized employees, customer service and key account service. Jon will ensure timely delivery of reporting and meeting goals established by Helpmates and the City of Santa Ana. Victor Chinchilla, CSP — Talent Relationship Supervisor vchinchilla(d,)helpmates.com; 949-752-6006 Victor joined Helpmates in 2015 and has over 5 years of staffing industry experience. His responsibilities include recruiting, screening, assessing and hiring specialized employees, customer service and key account service over all segments. Diane Monaco, CSP — Talent Relationship Supervisor dmonaco d,helpmates.com; 949-752-6006 Diane joined Helpmates in 2015 and has over 13 years of staffing industry experience. Her responsibilities include recruiting, screening, assessing and hiring specialized employees, customer service and key account service over all segments. Fanny Tovar. CSP — On -Premise Manager ftovar(r-,helpmates.com; 949-752-6006 Fanny joined Helpmates in 2015 and has over 3 years of staffing industry experience. Her responsibilities include recruiting, screening, assessing and hiring specialized employees, customer service and key account service at our major on premise programs. Nancy Martinez — Staffing Coordinator nmartinez(ii)helpmates.com; 949-752-6006 Nancy joined Helpmates in 2017 and is responsible for scheduling, coordinating, testing and payroll support for our Specialists. She is a key part of the Helpmates team that is responsible for ensuring that we only provide the best, most qualified talent in the market today. Helpmates Stang Services 20 RFP 18-009 Response 251-124 Kevin Willard — Regional Director, Orange County kwillardCa.helumates.com; 949-752-6006 Kevin has over 28 years of staffing industry experience, encompassing large account implementation, training, and order process/fulfillment. Kevin works in conjunction with our clients to establish appropriate reporting and invoicing requirements as needed for each location. He remains involved to be sure that Helpmates exceeds our client's expectations as it relates to our deliverables. He also leads the Talent Relationship Team to ensure that Helpmates provides the quality Specialists and services needed to for our clients to successfully achieve their objectives. Mario Soto, CSP — Director of Operations msoto(&)helpmates.com; 657-238-0900 Mario joined Helpmates in 1999 and his responsibility has grown to his current role as Director of Operations. He is responsible for overseeing the screening, service delivery and operations for the entire company. Mario works closely with all branches and on - premise programs to ensure that the company's Hiring Criteria, Customer Service Best Practices and Operational guidelines are being executed. Max Torres, Manager of Risk Management mtorresCri)helpmates.com; 562-385-0529 Max joined Helpmates Staffing Services in 2015 and oversees all aspects of regulatory compliance, workers' compensation programs, and employee safety. Max joined Helpmates Staffing Services after 5 years as an Environmental Health and Safety Manager for an American clothing manufacturer, distributor, marketer and retailer. Max created and managed the EHS & Safety programs for 6,000 manufacturing employees in six plants, as well as 2,500 retail employees in the company retail stores. With his broad manufacturing experience, Max is uniquely qualified with outstanding success in workplace safety and risk management. Rosalie Villa, CSP — Chief Revenue Officer rvillaGdhelpmates.com; 949-752-6006 Rosalie has 26 years of tenure at Helpmates. Her role consists of overall accountability of the partnership between City of Santa Ana and Helpmates. Rosalie's involvement with Kevin and the team supporting the CITY OF SANTA ANA account is reviewing order activity, time to fill, quality of fill and auditing the service being provided. Rosalie will remain involved with Human Resources and Management through our "TLC Process" ensuring Helpmates is meeting the established goals. Key Staff Involvement Key Helpmates staff involved on the City account will be available to the extent proposed for the duration of the project. Helpmates Staffing Services 21 RFP 18-009 Response 251-125 6. REFERENCES With over 45 years of progressive success in the staffing industry, supporting a variety of industries in Southern California, Helpmates has a wealth of knowledge and experience in successfully managing the fluctuating needs of our public and private sector clients. The continued satisfaction of our clients is of great importance to us and as a result of our passion for continuous improvement, Helpmates has been recognized for nine (9) consecutive years with the "Best of Staffing" award by Inavero, Inc. We are proud to share our results with the City, as the Inavero survey revealed that our clients are three times as willing to recommend our services to colleagues as compared to the national average for staffing services. Below are references of just a few of our successful staffing partnerships that Helpmates has with requirements similar to those of the City. We welcome you to contact these clients for references: Client Organization hvine Ranch Water District Contact's Name Marta Ramos Contact's Title Senior Human Resources Analyst Address 15600 Sand Canyon Ave, Irvine, CA 92618 Phone Number (949) 453-5433 Email ramos@irwd.com Client Organization OCTA Contact's Name Jessica Lara Client's Title Human Resources - Employment Team Address P.O. BOX 14184, Orange CA 92613-1584 Phone Number (714) 560-5804 Email jlara@octa.net Helpmates Staffing Services 22 RFP 18-009 Response 251-126 Client Organization Amway Contact's Name Brad Thomas Client's Title Manager Human Capital Planning Consulting - Manufacturing Address 5600 Beach Blvd., Buena Park, CA Phone Number (714) 652-6206 Email Bradleyr tomas@amway.com Client Organization Mazda USA Contact's Name Theresa Lemus Client's Title Manager, HR Business Partner Address 7755 Irvine Center Drive, Irvine, CA 92623 Phone Number (949) 727-6312 Email tlemus@mazda.usa.com Client Organization LA County Board of Supervisors Contact's Name Trish Duong Client's Title HR Representative Address 500 W Temple St, Los Angeles, CA Phone Number (213) 893-0942 Email tduong@boslacounty.gov Helpmates Staffing Services 23 RFP 18-009 Response 251-127 7. CERTIFICATIONS The following forms, included in ATTACHMENT 5: CERTIFICATIONS in the Appendix of this RFP, shall be signed and included as part of the proposal submittal package: • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification Helpmates Staffing Services 24 RFP 18-009 Response 251-128 8. QUESTIONNAIRE Provide responses to questions asked on ATTACHMENT 2: REQUIRED QUESTIONNAIRE PLEASE SEE FOLLOWING PAGES Helpmates Staffing Services 25 RFP 18-009 Response 251-129 The following items must be completed and are required with your submittal: 1. Please provide a brief description of your agency's recruitment process for staffing Helpmates recruiters actively participate in ongoing training for sourcing, using social media, job boards, networking, and LinkedIn recruiting strategies. Our number one source is our Employee Personal Referrals - employees like to work with other qualified employees and Helpmates! Our recruiters are constantly networking with active and passive candidates using a variety of recruiting methods — leveraging job postings, conducting job fairs, and using "call em all" technology (additionally, see our recruiting chart on page 10) — all methods to attract skilled talent for positions at the City. Helpmates has a proactive recruiting strategy to successfully handle the recruitment of the City's staffing needs. Helpmates City team has combined total of more than 130 years of staffing industry experience. They receive extensive training on skill sets for our clients' skill base and prepare recruiting plans around identifying candidates with the right skill sets. On an ongoing basis, our professional recruiters consistently maintain a highly -skilled temporary workforce. They have been thoroughly trained in our recruiting strategies and have established long-standing relationships with our recruiting sources. 2. A brief description of the agency's initial testing procedures or assessment for temporary staff including testing required bylaw (i.e. job specific, background checks, DA,V checks etc.) As detailed on pages 11-13, our process to deliver outstanding results and achieve our stated City Mission is in assessing, selecting, employing and delivering the right talent. The following outlines our extensive pre -employment background check process: • Ensure that work authorization has been obtained and is current for individuals referred to the City for assignment via I-9 (employment eligibility verification) • Ensure that Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) • Ensure that temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services • Ensure that typing speed is at least 30 wpm and Microsoft Office abilities have been tested and are met with positive results as required • Ensure that temporary worker is bilingual when required for assignment • DMV check as required by the City • Integrity Testing — online at Helpmates offices • Reference Checks — personally conducted by Helpmates Team • Employment gap checks — personally confirmed by Helpmates Team • Personal Interviews — personally conducted by Helpmates Team • E-Verify— online conducted by Helpmates Team before starting any assignment • Social Security Checks — completed by Helpmates Team at time of first payroll In addition, during the approximately two hours they are in our office, the candidates are continually monitored for their appearance (with the City dress code in mind), behavior and ability to follow directions. As the candidates are "auditioning for work," our belief is Helpmates Staffing Services 26 RFP 18-009 Response 251-130 that their workplace behavior is as good as it will be, thus, what we experience is what you, the client, will experience. All of our candidates/Specialists must successfully pass both parts of our assessments: scientific as well as in -office experiential assessments administered and evaluated only by our highly -skilled CSP certified Helpmates City Team. All of the screening checks are conducted on every potential Helpmates Specialist that will work for Helpmates at the City. We believe this is an important cornerstone of our assessment and hiring process, as well as the industry leading quality results we deliver. 3. Explain your agency's verification of typing speed, testingfor bilingual and MS Office abilities — how are these verified and tested by the agency? Skills Assessment and Testing Every Helpmates Specialist is professionally screened and evaluated to ensure quality, production of work and work behavior by the following methods: Detailed Employee Applications • Work experience • Educational background Basic Clerical Testing • Ability to categorize items alphabetically • Handwriting • Typing Speed & Accuracy • Three(3) most recent jobs • Ability to follow directions • Basic math • Spelling Helpmates ProveIt! Our offices are equipped with the Helpmates ProveIt Evaluation and Training System*. The Helpmates Prove It system thoroughly assesses the skills of all clerical/administrative personnel, with hands-on, practical tests and program simulations. ProveIt! tests, including Microsoft Office, are available in a myriad of languages. This system allows us to customize evaluations to match specific client requirements. Secretarial/Clerical • Drafting of General Correspondence • Typing Speed and Accuracy • Statistical Typing • Transcription Data Entry • Alpha • Numeric • Ten Key/Reverse Ten Key Software • Microsoft Word • PowerPoint • WordPerfect • Windows • Excel • MAC • Lotus 1-2-3 • Access Skills Enhancement • Typing • Word processing/Windows • Ten Key/Reverse Ten Key *This assessment and skills enhancement technology is available for client utilization when evaluating your own full-time applicants. Helpmates ProveIt! has the capability to assess in excess of one thousand different skill sets. All testing, assessments and skills enhancement on the Helpmates Prove It! system will be done at no charge to the City or to any Helpmates Specialists. Helpmates Staffing Services 27 RFP 18-009 Response 251-131 4. Description of the benefits paid to temporary staff employees; list out by line if agency pays for this benefit or temp staff pays for the benefit including timeline of employment to receive benefit. Benefit Agency or Timeline to Receive TernStaff Up to one (1) week/year Special Eligible after 1500 straight time Incentive pay for long-term employees Agency hours worked each calendar year CA Paid Sick Leave up to 3 days or 24 Agency Accrual begins on first day worked; hours per year CA compliant accrual and usage Holiday Pay Agency Eligible after 1500 straight time hours worked each calendar year Affordable Care Act (ACA) compliant Temp Staff Full-time (30+ hours per week) Healthcare eligible. 90-day waiting period Dental, Vision and Term Life Benefits Temp Staff Full-time (30+ hours per week) eligible. 90-day waiting period 401K plan Temp Staff If 2 1 + years in age, Temp is eligible after 1 year of employment and 1000 hours worked (enrollment open 1/1 and 7/1) Credit Union Membership N/A Date of hire Employee portal for ease of self- Agency Date of hire managing confidential employee data Online Skills enhancement and training Agency Date of hire Workplace Safe Practices incentives Agency Date of hire Unlimited referral bonus program Agency Date of hire Employee of the Month recognition Agency Date of hire ASA National Employee of the Year Agency Date of hire recognition Long-term assignments N/A Date of hire Customized employee orientations for N/A Date of hire t varying work environments I 5. Please provide your process for temporary staff calling out sick, no shows, not working out (either on temporary worker side or City side) and returning City property. ♦ SureStart Every Helpmates employee is called at home one hour before their start time. The call is placed on the first and second day of each assignment. Our confirmation service helps ensure promptness, attendance and employee satisfaction during the most critical times of a new assignment, the first and second day. ♦ First and Second Day Quality Checks The first day quality check is made approximately 15 minutes after the assignment starts to confirm that the Helpmates Specialist has arrived safely. The second day quality check is also completed within 15 minutes of the start time and focuses on the Specialist's work performance and productivity from the previous day. Helpmates Staffing Services 28 RFP 18-009 Response 251-132 ♦ Weekly Updates Helpmates' Weekly Updates have multiple purposes: To guarantee the performance of the Helpmates Specialist in terms of productivity, quality, punctuality, attendance, and behavior, as well as to determine if the Specialist is required the following week. ♦ Final Performance Evaluations A final evaluation is documented on each Specialist who has completed an assignment at our client site. This evaluation rating is maintained in the Specialist's and the City's data file for discussion at the TLC reviews and for future reference. As an additional step in our quality control process, our Specialists will receive the following customized City orientation prior to starting a City assignment: • General orientation and Helpmates Specialist handbook review • Specific orientation and Specialist review of the Helpmates customized City employee orientation brochure, including dress code requirements • Prior to starting a City assignment, there is an email confirmation with the assignment details (Assignment Acceptance Start Sheet), sent to the assigned Helpmates Specialists • Disbursement of employee ID badge, parking pass, etc., if appropriate Each employee assigned will be given customized information specific to the City; work location, work unit information and performance expectations. Helpmates will clearly define our monitory process with the employee and advise them of the consequences of not meeting performance and attendance expectations. Helpmates will be able to respond to any performance issues as discovered through our quality control process. If any employee needs to be replaced, a replacement will be made within 24 hours. Returning City Equipment or Materials Included in the customized City Orientation Brochure is an Acknowledgement, that the temporary employee signs, which states "upon end of my assignment or at the request of the City and/or Helpmates, I will immediately return any company and/or City equipment, materials or confidential information in my possession." Helpmates will facilitate with the temporary employee, the return of any issued equipment or materials to the City. 6. Indicate below the name of the person who will be responsiblefor administering the contract, if awarded. Also include the person's title, telephone number, address and email address Kevin Willard Regional Director, Orange County Trust Temporary Services, Inc. (DBA Helpmates Staffing Services) 1200 Main Street, Suite B Irvine, California 92614 949-225-5025 direct phone 949-752-6888 phone Email: kwillard(a)helnmates.com Helpmates Staffing Services 29 RFP 18-009 Response 251-133 9. PRICING PROPOSAL This section shall define the detailed pricing for the services. The City is interested in a pricing structure as set forth: 1. As a mark-up percentage above the hourly pay rate for a particular position. 2. Describe in detail the direct hire fee structure for your employees that may be later hired by the City, including the minimum number of hours that must be worked to waive any fees. Pricing shall remain firm for the entire first term of the Agreement. Thereafter, any proposed pricing adjustment for the follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90 days prior to the new Agreement term. City reserves the right to negotiate any pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles - Riverside -Orange County, CA; All Items; Not Seasonally Adjusted; annualized change comparing the most recent month's reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor's website at www.bls.gov.) Please see the following pages; ATTACHMENT 3: COST PROPOSAL FORM Helpmates Staffing Services 30 RFP 18-009 Response 251-134 *Direct Hire and Temporary -to -Hire Conversion Helpmates provides our temporary workers to the City for direct hire and temporary -to - hire conversion on the following fee schedule: Hours Worked % of Annual Salary 0-140 hours 18% 141-320 hours 15% 321-520 hours 12% 521-960 hours 10% 960+ hours No Fee Helpmates Staffing Services 31 RFP 18-009 Response 251-135 HELPMATES SAMPLES Helpmates Samples are included on the following pages: Helpmates Specialist Employee Handbook Example of Orientation Brochure, which will be customized for the City Example of Helpmates Specialist Employment Audit Form Example of Assignment Acceptance Start Sheet, Emailed to Specialist Example of Webtime Technology Electronic Timecard Timecard Awaiting Approval Pending Timecard Non Submitted Timecards and Pending Timecards Approve or Reject Timecard Timecard Approved Email Confirmation Example of Paper Timecard Example of Billing Invoice Example of Monthly Report Example of Seminar Flyer Helpmates Staffing Services 32 UP 18-009 Response 251-136 Appendix ATTACHMENT 3: COST PROPOSAL FORM COST PROPOSAL FORM THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S WORK SCHEDULE AND DETAILED CRITERIA AS LISTED IN THE SCOPE OF SERVICES SECTION OF THIS REQUEST FOR PROPOSALS. ALL FEES AND EXPENSES MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, ETC. CITY ORSANTA PRICING ANA Hourly Pay Min Bill Rate Max Bill Rate Mark-up Overtime Bill Overtime CLASSIFICATION Rate Rate Mark-up Administrative Assistant $16-18 $ 22.24 $ 25.02 39 % $ 24-27 150 % Senior Administrative Assistant $ 24-28 $ 33.36 $ 38.92 39 % $ 36-42 150 % Office Specialist $ 14-16 $ 19.46 $ 22.24 39 % $ 21-24 150 % Accounting Assistant $ 18-22 $ 25.02 $ 30.58 39 % $ 27-33 150 Accountant $ 35-40 $ 48.65 $ 55.60 39 % $ 52.50-60 150 Accounting Specialist $ 20-24 $ 27.80 $ 33.36 39 % $ 30-36 150 % Legal Secretary $ 28-32 $ 38.92 $ 44.48 34 % $ 42-48 150 % Provide markup percentage rate agency will utilize to negotiate prices for positions not listed above. 39 % DIRECT HIRE PLACEMENT PRICING *Direct Hire Fee (Please Explain Below 18% of Annual Salary* *Please explain briefly in detail your policy and pricing on the hiring of your temporary workers. * Please see our discounted Direct Hire Placement pricing Fee Schedule developed specifically for the City of Santa Ana, on Page 31, following this ATTACHMENT 3: COST PROPOSAL FORM City of Santa Ana RFP 18-009 2051-1�37 LIVE SCAN / BACKGROUND CHECK Additional fee for BILLINGUAL? $ 35.00 $ 0 (no additional fee) Helpmates Staffing Services (Name of � Off or B (Signature of Offerors Representative) Title: Regional Director, Orange County Date: 2/26/18 City of Santa Ana RFP 18-009 251='138 A O® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODIYYYY)5/16/2016 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 policy(ies) must have ADDITIONAL INSURED provisions or 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 Assurance Agency, Ltd. One Century Centre 1750 E. Golf Road NAMEACT Terrance Threatt PHONE 312 625-5569 IAc No: 847 440-9126 EMAIL ADDREss: tthreattaassuranceagency.com INSURERS AFFORDING COVERAGE NAICN Schaumburg IL60173 INSURER A: Zurich American Insurance Co 16535 INSURED INSURER B: American Guarantee & Liab 26247 Trust Temporary Services, Inc. dba Helpmates Staffing Services 1200 Main Street, Suite A INSURER c: American Zurich Insurance Co 40142 INSURER D: Continental Casualty Co 20443 INSURER E : Irvine CA 92614 INSURER F Cr1VFRAr P-q CFRTIFICATF NIIMRF_R-739n91ARR REVISION NUMBER: 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. ILTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDDIYYYYI POLICY EXP MMIDOIVYYY LIMITS A X COMMERCIAL GENERAL LIABILITY PRA969865506 4/12018 4112O19 EACH OCCURRENCE S1,000,000 CLAIMS -MADE F x1OCCUR DAMAGE TO RENTEU PREMISES Ea acounence $100.000 MEO EXP (Any oneperson) $10,000 PERSONAL S AOV INJURY $1,000,MD GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $3.000,000 PRODUCTS - COMP/OP AGG 32.000,000 X POLICY PELT LOC 1 $ OTHER: A AUTOMOBILELIABILITY PRA969865506 4/1/2018 4/1201g COMBINED SINGLE LIMIT Ea accident) $1.000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY(Peraccident) $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ X HIRED X NON-0WNED AUTOS ONLY AUTOS ONLY B X UMBRELLALIAB X OCCUR UMB946720206 1112018 4/1/2019 EACH OCCURRENCE $5.000,00D AGGREGATE $5.000.000 EXCESS UAB CLAIMS -MADE DIED I X I RETENTIONS $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNERIEXECLn1VE YIN OFFICEMMEMBI EXCLUDEDI NIA WC55713D705 8192017 8/912018 X STATUTE ERI PER H E.L. EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYE $1,00,000 E.L. DISEASE -POLICY LIMIT $1,000.000 If yes, describe under DESCRIPTION OF OPERATIONS below A A Crime-3rd patty Professional Liability PRA%9865505 PRAM9865506 411=18 4/1/2018 4112019 4/12019 3,000,000 Limit $2MM occ.I $4MM agg. 5.000 Ded. 25,000 Ded. D Cyber Liability 596881085 4/12018 4/112019 ASS:$1.000.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be aftached if more space Is required) Proof of Insurance It is agreed that the following are added as Additional Insured, when required by written contract, on the General Liability with respect to operations performed by the Named Insured in connection with this project: THE CITY OF SANTA ANA, ITS OFFICERS , EMPLOYEES, AGENTS, AND REPRESENTATIVE City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 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 CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 251-139 POLICYNUMBER: PRA9698655-06 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - scheduled person or organization This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s); Location(s) Of Covered Operations Any person or organization who you are required to add as an additional insured on this policy under a contract or agreement shall be an insured, but only with respect to that person's or organization's liability arising out of your operations as a "Staffing Service" or premises owned by or rented to you. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or ..property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2012 Page 1 of 2 Wolters Kluwer Financial Services I Uniform FormsTM 251-140 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or CG 20 10 0413 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 2 of 2 Wolters lamer Financial services I Uniform FormsTM 251-141 251-142 Exhibit 6. Agreement between the City and Apple One Employment Services AGREEMENT TO PROVIDE TEMPORARY STAFFING SERVICES THIS AGREEMENT is made and entered into this 5th day of June, 2018 by and between Apple One Employment Services, An ActOne Group Company, ("Contractors"), 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. On February 6, 2018, the City issued a Request for Proposal ("RFP") No. 18-009, by which it sought qualified contractors to provide temporary staffing services for the City's employment needs. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that Contractor is able and willing to provide the services described in the scope of work that was included in RFP No. 18-009 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor 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 Exhibit A. Contractor's proposal dated February 28, 2018, is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contract shall be paid only for services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three Contractors selected to provide temporary staffing services. The total compensation for Contractor, as one of the selected contractors, shall not exceed $400,000 per year, including any extension periods as detailed in Section 3. b. Payment by City shall be made within 45 (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. If there is any dispute regarding payment for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City, this can be determined mutually by the parties in a court of law. Page 1 of 8 251-143 3. TERM This Agreement shall commence on July 1, 2018, and continue for a three (3) year term with the option for the City to grant up to a two (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Page 2 of 8 251-144 i a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against '',claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification Page 3 of 8 251-145 of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent caused from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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 Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. Page 4 of 8 251-146 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be Page 5 of 8 251-147 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. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. If there is any dispute regarding payment made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, this can be determined mutually by the parties in a court of law. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. 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. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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 Page 6 of 8 251-148 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. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Steven Pham, Executive Director Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-6930 To Consultant: Apple One Employment Services An ActOne Group Company Government Solutions Divison Attn: Rick Hagman 16371 Beach Blvd., Ste. 240 Huntington Beach, CA 92647 Fax:714-596-7798 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 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. Page 7 of 8 251-149 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: L]�(�A.U(/L a A- 1��Vu'— Laura A. Rossini Senior Assistant City Attorney FOR APPROVAL: Stephen Pham Executive Director, Human Resources CITY OF SANTA ANA Raul Godinez II City Manager APPLE ONE: Michael Hoyal Chief Financial Officer Page 8 of 8 251-150 1WN61I1.11lI1 SCOPE OF SERVICES 251-151 Exhibit A Appendix ATTACHMENT 1: SCOPE OF WORK A. OVERVIEW The purpose of this Request for Proposals is to identify qualified Contractor(s) to provide professional temporary staffing services for the City of Santa Ana's employment needs. Temps will work under the City's 9/80 work schedule (Monday to Thursday 9 hour workdays, Friday 8 hour workday and closed every other Friday). The City expends approximately $300,000 annually for Temporary Staffing Services, although the requirements will fluctuate during the agreement period. Current Contracts/ Purchase Orders: In the event that one of the current firms is not selected during this RFP process, there would then be a phase -out period, allowing those existing employees to complete their assignment with the City through the existing contract or purchase order. B. SPECIFICATIONS Contractor shall provide a comprehensive catalog of clerical, office, accounting and other related administrative support service options to the City. The Contractor further agrees to; • Provide appropriate method to match the City's needs within the specified time frames. • Coordinate all schedule work dates with City at least one business day before the start of assignment. • Provide a detailed proposal and invoice, according to the specifications prescribed by the City department. The Contractor shall ensure the following prior to recommending any Temp for placement to the City: • Ensure that work authorization has been obtained and is current for individuals referred to the City for assignment via I-9 (employment eligibility verification) • Ensure that Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) • Ensure that temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services • Ensure that typing speed is at least 30 wpm and Microsoft Office abilities have been tested and are met with positive results as required • Ensure that temporary worker is bilingual when this is requirement for assignment C. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City department will call the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. City of Santa Ana UP 18-009 251"L 152 2. The Contractor will compare job requirements with worker qualifications and will email resume and test results of Temps as requested. 3. The Contractor will follow up with the City within two (2) hours to report status of provide name(s) for City approval. a. If Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City will then sign the proposal in approval. All invoices must include the agreement number. 5. Contractor shall provide temporary workers who have the skills required for the assignment. 6. City reserves the right to end a Temp's assignment if work performed is substandard, attendance is poor, or for other business related reasons. Contractor shall remove any temporary worker from assignment at City's request, and at the time requested by City and provide replacement temporary worker if required by City. 7. Contractor shall be responsible for all decisions concerning matters of hiring, firing, discipline, payroll practices, employee benefits such as vacation, sick and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees of agents of the City. 8. Contractor shall be responsible for communication with temporary workers with respect to their duties as employees of the Contractor. 9. Contractor will provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Proposal Pricing Sheet on Page 16. 10. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1— June 30). D. SERVICE CATEGORIES Please note the service categories listed in this document should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. General Administrative Office Support Temporary administrative support is responsible for but not limited to: opening and routing mail, answering phones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. Executive/ Senior Administrative Office Support In addition to the tasks required of General Administrative Office Support, temporary executive / senior administrative office support performs highly responsible secretarial and routine administrative duties in City of Santa Ana UP 18-009 26Fsc1353 the office of the City Manager, City Attorney or reports directly to an Executive team member with a higher level of professionalism and experience. Accounting and Financial Administrative Support Temporary accounting support is responsible for but not limited to reconciling accounting records, preparing accounting reports and budgets, reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness, producing reported work hours summary reports, posting accounting entries, summarizing accounting records, accepting and processing invoice payments. Legal Secretary Support Temporary legal secretary support performs a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures. Processes legal papers and documents in accordance with established procedures and formats. Performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. Other Classifications as determined City of Santa Ma RFP 18-009 251="154 COMPENSATION Fee Proposal including hourly rates if applicable 251-155 Exhibit B Appendix ATTACHMENT 3: COST PROPOSAL FORM COST PROPOSAL FORM THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S WORK SCHEDULE AND DETAILED CRITERIA AS LISTED IN THE SCOPE OF SERVICES SECTION OF THIS REQUEST FOR PROPOSALS. ALL FEES AND EXPENSES MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, ETC. CITY OF SANTA PRICING ANA CLASSIFICATION Hourly Pay Min Bill Rate Max Bill Rate Mark-up Overtime Bill Overtime Rate Rate Mark-up Administrative $ 17.87- $ 38.86- Assistant $ 23.95 $ $ 34.72 45 % $ 45 % Senior Administrative $ 20.20- 43.93- Assistant $ 27.08 $ 29.29 $ 39.26 45 % $ 58.89 45 Office Specialist $ 15.83- $ 34.42- $ 2_1 21 $ 22.95 $ 30.75 45 % $ 46.12 45% Accounting Assistant $ 22.48- $ 50.58- $ 30.15 $ 33.72 $45-22 50 % $ 67.83 50% Accountant $ 28.86- $ 64.93- $44.56 $ 43.29 $ 66.84 50% $ 100.26 50% Accounting Specialist $ 30.86- 69.49- $54.56 $ 46.29 $ 81.89 50% $122.89 50% Legal Secretary 23.00- 50.02- $ 29.39 $ 34.95 $ 4261 50% $ 63.91 45 % Provide markup percentage rate agency will utilize to negotiate prices for positions not listed above. 47% PRICING DIRECT HIRE PLACEMENT I *Direct Hire Fee 20% *Please explain briefly in detail your policy and pricing on the hiring of your temporary workers. For the first 90 days, AppleOne proposes a 20% direct hire fee. As well as a 90 day free replacement guarantee. City of Santa Ana RFP 18-009 2 t9 56 PRICING' LINE SCAN / BACKGROUND CHECK 0.00 PRICING Additional fee for BILLINGUAL? $ 0.50 ADDleOne Emolovment Services (Name of 4�1741 fffferor) BY:l�/Yrk"t (Sign4ture�eror's Representative) Title: Director of Government Services Date: February 26, 2018 City of Santa Ana RFP 18-009 2WT57 251-158 Exhibit 7. Agreement between the City and HB Staffing AGREEMENT TO PROVIDE TEMPORARY STAFFING SERVICES THIS AGREEMENT is made and entered into this 5th day of June, 2018 by and between CathyJon Enterprises dba HB Staffing, ("Contractors"), 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. On February 6, 2018, the City issued a Request for Proposal ("RFP") No. 18-009, by which it sought qualified contractors to provide temporary staffing services for the City's employment needs. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that Contractor is able and willing to provide the services described in the scope of work that was included in RFP No. 18-009 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor 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 Exhibit A. Contractor's proposal dated February 26, 2018, is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contract shall be paid only for services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three Contractors selected to provide temporary staffing services. The total compensation for Contractor, as one of the selected contractors, shall not exceed 5400,000 per year, including any extension periods as detailed in Section 3. b. Payment by City shall be made within 45 (forty-five) 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. Page 1 of 8 251-159 3. TERM This Agreement shall commence on July 1, 2018, and continue for a three (3) year term with the option for the City to grant up to a two (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 251-160 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. Page 3 of 8 251-161 V. Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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 Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements Page 4 of 8 251-162 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential , information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 Page 5 of S 251-163 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. 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. Page 6 of 8 251-164 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Steven Pham, Executive Director, Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-6930 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 Page 7 of 8 251-165 To Consultant: Cathy Volpe or Jonathan Paul 2120 Main Street, Ste. 250 Huntington Beach, CA 92648 Fax:714-960-6563 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Stephen Pham Executive Director, Human Resources CITY OF SANTA ANA Raul Godinez II City Manager HB STAFFING: Cathy Volpe President Page 8 of 8 251-166 EXHIBIT A SCOPE OF SERVICES 251-167 Exhibit A Appendix ATTACHMENT 1: SCOPE OF WORK A. OVERVIEW The purpose of this Request for Proposals is to identify qualified Contractor(s) to provide professional temporary staffing services for the City of Santa Ana's employment needs. Temps will work under the City's 9/80 work schedule (Monday to Thursday 9 hour workdays, Friday 8 hour workday and closed every other Friday). The City expends approximately $300,000 annually for Temporary Staffing Services, although the requirements will fluctuate during the agreement period. Current Contracts/ Purchase Orders: 1n the event that one of the current firms is not selected during this RFP process, there would then be a phase -out period, allowing those existing employees to complete their assignment with the City through the existing contract or purchase order. B. SPECIFICATIONS Contractor shall provide a comprehensive catalog of clerical, office, accounting and other related administrative support service options to the City. The Contractor further agrees to; Provide appropriate method to match the City's needs within the specified time frames. Coordinate all schedule work dates with City at least one business day before the start of assignment. Provide a detailed proposal and invoice, according to the specifications prescribed by the City department. The Contractor shall ensure the following prior to recommending any Temp for placement to the City: • Ensure that work authorization has been obtained and is current for individuals referred to the City for assignment via 1-9 (employment eligibility verification) • Ensure that Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) • Ensure that temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services • Ensure that typing speed is at least 30 wpm and Microsoft Office abilities have been tested and are met with positive results as required • Ensure that temporary worker is bilingual when this is requirement for assignment C. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City department will call the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. City of Santa Ana UP 18-009 251368 2. The Contractor will compare job requirements with worker qualifications and will email resume and test results of Temps as requested. 3. The Contractor will follow up with the City within two (2) hours to report status of provide name(s) for City approval. a. if Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City will then sign the proposal in approval. All invoices must include the agreement number. 5. Contractor shall provide temporary workers who have the skills required for the assignment. 6. City reserves the right to end a Temp's assignment if work performed is substandard, attendance is poor, or for other business related reasons. Contractor shall remove any temporary worker from assignment at City's request, and at the time requested by City and provide replacement temporary worker if required by City. 7. Contractor shall be responsible for all decisions concerning matters of hiring, firing, discipline, payroll practices, employee benefits such as vacation, sick and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees of agents of the City. 8. Contractor shall be responsible for communication with temporary workers with respect to their duties as employees of the Contractor. 9. Contractor will provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Proposal Pricing Sheet on Page 16. 10. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July I —June 30). D. SERVICE CATEGORIES Please note the service categories listed in this document should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. General Administrative Office Support Temporary administrative support is responsible for but not limited to: opening and routing mail, answering phones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. Executive/ Senior Administrative Office Support In addition to the tasks required of General Administrative Office Support, temporary executive / senior administrative office support performs highly responsible secretarial and routine administrative duties in City of Santa Ana F" 18-009 age 251-11bg the office of the City Manager, City Attorney or reports directly to an Executive team member with a higher level of professionalism and experience. Accounting and Financial Administrative Support Temporary accounting support is responsible for but not limited to reconciling accounting records, preparing accounting reports and budgets, reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness, producing reported work hours summary reports, posting accounting entries, summarizing accounting records, accepting and processing invoice payments. Legal Secretary Support Temporary legal secretary support performs a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures. Processes legal papers and documents in accordance with established procedures and formats. Performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. Other Classifications as determined City of Santa Ana RFP 18-009 Pa a 14 25- 170 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable 251-171 Exhibit B Appendix ATTACHMENT 3: COST PROPOSAL FORM THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S WORK SCHEDULE AND DETAILED CRITERIA AS LISTED IN THE SCOPE OF SERVICES SECTION OF THIS REQUEST FOR PROPOSALS. ALL FEES AND EXPENSES.MUST.EW INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, ETC. PRICING CITY OF SANTA Overtime Mark=' ARIA Hourly Pay Rate ..Min Bill Max Bill Mark-up OycriimcBillRate up-46%ofOT- CLASSIFICATION Rate Rate - pay rate Min to Max Min to Max Adniiuistrativc 16.50 I 1850 I 24.09 27.01 I 46% 36.14 I40.52 46% Assistant SdnAssiststant. niiiAddistrativc '19.00 I 22 .00 Z7.74 32.12 I 46% 41.61 148.18 I 46% Ass Office Specialist 14.00 ! 16.00 1! 2044, 23.36 I 46% .I 30.66 ! 35.04 I 46% Accounting Assistant 17.00 '19.00 24.82 27.74 46% 37.23 41.61 46% Accountant 26.00 30.00 37.96 43.80 46% 56.94 65.70 46% - Accounting Specialist .10.00 I 24c00 I 29:20 35:04 I 46% 43.80 152.56 I 46% Le_alSecretary 23.00 26.00 33.59 37.96 I 46% 50.37 I56.94 I 46% Provide markup percemage rate agency will utilize to negotiate prices for positions not listed abiwe g69'o 'Please explain'brictly in detail your policy and pricing on the hiring or your temporary workers. PRICING •Direct Itire Fee (Please Explain Below) Minimum Number of Hours to be worked by HB Staffing Employee to Waive Fees: Our temporary employees may be placed on the City's payroll without a fee after completing 520 working hours with the City._ DIRECT HIRE PLACENIENT Direct Hire Services: Should the City wish to hire a candidate referred by H8 Staffiing immediately/directly to their payroll, the fee is 15°A of the candidate's annual gross earnings. This includes candidates who have been referred for any position within one (1) year of our most recent communication to the City relevant to such candidate. Example of Fees: $40,000 salary x 150A = 56,000 fee to HE; Staffing 550,000 salary x 15°A = $7,500 fee to HB Staffing Pricing shall remain firm for the entire first term of the Agreement. We understand that if government -mandated costs or expenses are enacted during the contract term, respondents will be allowed to request rate increases to cover these higher rates, upon review and approval from the City. (Pei the City's response to Question 19 in Addendum 02, Page 16 251-172 PRICING LIVE SCAN IBACKGROUND CHECK S No Fee PRICING Additional fee for BILLINGUAL? 3 No Fee (Name of Offeror) By: ✓ `�_ (Signature of Offeroorr's Representative) Title: �� /'t� 5 . 6T C H� Date: IT Crcv of Santa Ana RFP 18.009 Page 17 251-173 251-174 Exhibit 8. Agreement between the City and Helpmates AGREEMENT TO PROVIDE TEMPORARY STAFFING SERVICES THIS AGREEMENT is made and entered into this 5th day of June, 2018 by and between Trust Temporary Services, Inc., a California Corporation, dba Helpmates Staffing Services, ("Contractors"), 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. On February 6, 2018, the City issued a Request for Proposal ("RFP") No. 18-009, by which it sought qualified contractors to provide temporary staffing services for the City's employment needs. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that Contractor is able and willing to provide the services described in the scope of work that was included in RFP No. 18-009 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor 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 Exhibit A. Contractor's proposal dated February 26, 2018, is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contract shall be paid only for services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three Contractors selected to provide temporary staffing services. The total compensation for Contractor, as one of the selected contractors, shall not exceed $400,000 per year, including any extension periods as detailed in Section 3. b. Payment by City shall be made within 45 (forty-five) 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. Page 1 of 8 251-175 3. TERM This Agreement shall commence on July 1, 2018, and continue for a three (3) year term with the option for the City to grant up to a two (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 251-176 INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from,bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. Page 3 of 8 251-177 V. Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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 Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special.counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements Page 4 of 8 251-178 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 Page 5 of 8 251-179 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. 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. Page 6 of 8 251-180 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Steven Pham, Executive Director, Sonia R. Carvalho Human Resources City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-24) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax:714-647-6930 Fax:714- 647-6515 Page 7 of 8 251-181 To Consultant: Helpmates Staffing Services Attn: Kevin Willard 1200 Main Street, Ste. B Irvine, CA 92614 Fax: 949-752-4900 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney - .&WND , k -VWAx � Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Stephen Pham Executive Director, Human Resources CITY OF SANTA ANA Raul Godinez II City Manager HELPMATES STAFFING SERVICES: Rosalie Villa VP/Chief Revenue Officer Page 8 of 8 251-182 EXHIBIT A SCOPE OF SERVICES 251-183 Exhibit A Appendix ATTACHMENT 1: SCOPE OF WORK A. OVERVIEW The purpose of this Request for Proposals is to identify qualified Contractor(s) to provide professional temporary staffing services for the City of Santa Ana's employment needs. Temps will work under the City's 9/80 work schedule (Monday to Thursday 9 hour workdays, Friday 8 hour workday and closed every other Friday). The City expends approximately $300,000 annually for Temporary Staffing Services, although the requirements will fluctuate during the agreement period. Current Contracts/ Purchase Orders: In the event that one of the current firms is not selected during this RFP process, there would then be a phase -out period, allowing those existing employees to complete their assignment with the City through the existing contract or purchase order. B. SPECIFICATIONS Contractor shall provide a comprehensive catalog of clerical, office, accounting and other related administrative support service options to the City. The Contractor further agrees to; • Provide appropriate method to match the City's needs within the specified time frames. • Coordinate all schedule work dates with City at least one business day before the start of assignment. • Provide a detailed proposal and invoice, according to the specifications prescribed by the City department. The Contractor shall ensure the following prior to recommending any Temp for placement to the City: • Ensure that work authorization has been obtained and is current for individuals referred to the City for assignment via I-9 (employment eligibility verification) • Ensure that Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) • Ensure that temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services • Ensure that typing speed is at least 30 wpm and Microsoft Office abilities have been tested and are met with positive results as required • Ensure that temporary worker is bilingual when this is requirement for assignment C. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City department will call the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. City of Santa Ana UP 18-009 Pa a 12 2-184 2. The Contractor will compare job requirements with worker qualifications and will email resume and test results of Temps as requested. 3. The Contractor will follow up with the City within two (2) hours to report status of provide name(s) for City approval. a. If Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City will then sign the proposal in approval. All invoices must include the agreement number. 5. Contractor shall provide temporary workers who have the skills required for the assignment. 6. City reserves the right to end a Temp's assignment if work performed is substandard, attendance is poor, or for other business related reasons. Contractor shall remove any temporary worker from assignment at City's request, and at the time requested by City and provide replacement temporary worker if required by City. 7. Contractor shall be responsible for all decisions concerning matters of hiring, firing, discipline, payroll practices, employee benefits such as vacation, sick and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees of agents of the City. 8. Contractor shall be responsible for communication with temporary workers with respect to their duties as employees of the Contractor. 9. Contractor will provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Proposal Pricing Sheet on Page 16. 10. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 — June 30). D. SERVICE CATEGORIES Please note the service categories listed in this document should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. General Administrative Office Support Temporary administrative support is responsible for but not limited to: opening and routing mail, answering phones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. Executive/ Senior Administrative Office Support In addition to the tasks required of General Administrative Office Support, temporary executive / senior administrative office support performs highly responsible secretarial and routine administrative duties in City of Santa Ana RFP 18-009 2' 485 the office of the City Manager, City Attorney or reports directly to an Executive team member with a higher level of professionalism and experience. Accounting and Financial Administrative Support Temporary accounting support is responsible for but not limited to reconciling accounting records, preparing accounting reports and budgets, reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness, producing reported work hours summary reports, posting accounting entries, summarizing accounting records, accepting and processing invoice payments. Legal Secretary Support Temporary legal secretary support performs a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures. Processes legal papers and documents in accordance with established procedures and formats. Performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. Other Classifications as determined City of Santa Ana UP 18-009 Page 14 251-186 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable 251-187 Exhibit B Appendix ATTACHMENT 3: COST PROPOSAL FORM COST PROPOSAL FORM THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S WORK SCHEDULE AND DETAILED CRITERIA AS LISTED IN THE SCOPE OF SERVICES SECTION OF THIS REQUEST FOR PROPOSALS. ALL FEES AND EXPENSES MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, ETC. CITY OF SANTA PRICING ANA Hourly Pay Min Bill Rate Max Bill Rate Mark-up Overtime Bill Overtime CLASSIFICATION Rate Rate Mark-up Administrative Assistant $16-18 $ 22.24 $ 25.02 39 % $ 24-27 150 % Senior Administrative Assistant $ 24-28 $ 33.36 $ 38.92 39 % $ 36-42 150 Office Specialist $ 14-16 $ 19.46 $ 22.24 39 % $ 21-24 150% Accounting Assistant $ 18-22 $ 25.02 $ 30.58 39 V. $ 27-33 150 Accountant $ 35-40 $ 48.65 $ 55.60 39 % $ 52.50-60 150 o Accounting Specialist $ 20-24 $ 27.80 $ 33.36 39 % $ 30-36 150 % Legal Secretary $ 28-32 $ 38.92 $ 44.48 39 % $ 42-48 150 % Provide markup percentage rate agency will utilize to negotiate prices for positions not listed above. 39 DIRECT HIRE PLACEMENT PRICING *Direct Hire Fee (Please Explain Below 18% of Annual Salary* *Please explain briefly in detail your policy and pricing on the hiring of your temporary workers. * Please see our discounted Direct Hire Placement pricing Fee Schedule developed specifically for the City of Santa Ana, on Page 31, following this ATTACHMENT 3: COST PROPOSAL FORM City of Santa Ana RFP 18-009 Pa a 16 25f-188 " PRICING ,,LIVE SCAN:/ BACKGROUND CHECK $35.00 PRICING ' Additional .fee for BILLINGUAL?l $ 0 (no additional fee) Helpmates Staffing Services (Name of Bffeyor (Signature of O�ff//e/eror's Representative) Title: Regional Director, Orange County 2/26/18 City of Santa Ana R" 18-009 2O'l189 251-190 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVE AGREEMENTS WITH AECOM AND MVR CONSULTING FOR ON -CALL SOFTWARE MAINTENANCE AND DEVELOPMENT SERVICES FOR VARIOUS PUBLIC WORKS APPLICATIONS (STRATEGIC PLAN NO. 6, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1n Reading ❑ Ordinance on 2n° 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 AECOM and with MVR Consulting to provide on -call software maintenance and development for the various Public Works Agency custom software applications, for a two-year term beginning June 5, 2018, and expiring June 4, 2020; with a provision for a one-year extension exercisable by the City Manager, in an aggregate amount not to exceed $50,000 annually; and a total aggregate agreement amount not to exceed $150,000 for the term of the agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Public Works Agency operates various recordkeeping software database applications for tracking a wide range of information. This data includes timesheet records, Capital Improvement Program data, Requests for Service, Department Traffic Orders, permit parking data, speed surveys, collision reports, and various other public works -related data. In additions, these database applications require routine maintenance, enhancements, and/or redesign to streamline functionality and improve user experience. On March 5, 2018, the Public Works Agency issued a Request for Proposals (RFP) for on -call software maintenance and development services on the City's website and notified qualified consulting firms. Three proposals were received and evaluated by a review panel comprised of Public Works Agency staff. The scores were based on firm experience, service record performing requested services, responsiveness to the RFP requirements, and completeness of the proposal. Following is the list of the firms and their respective scores: 25J-1 Agreement for On -Call Software Maintenance and Development Services June 5, 2018 Page 2 FIRM SCORE AECOM 89.8 MVR Consulting 86.2 Satwic 81.0 Based on the ratings, staff recommends that AECOM and MVR Consulting be retained to provide the necessary software maintenance and development services. The cost proposals from these firms were negotiated to ensure the City receives the highest quality and value. The actual costs with be based on the approved hourly rates and the time expended on a project. City staff will closely monitor the time and costs for each project. Approval of the recommended action will provide for the following: support in the correction of application errors, programming services to modify application functionality, improved documentation of existing applications, and design and development of new application modules. After awarding the agreements, the City will use a task -order system to ensure tasks are equitably allocated to each of the consultants. 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available for expenditure starting in Fiscal Year 2018-19, and will be budgeted in Fiscal Year 2019-20 and Fiscal Year 2020-21, as outlined in the table below. Any unspent, encumbered balance will be carried forward into subsequent fiscal years as needed to fulfill the agreement, and will be spent according to the estimated spending plan below: 25J-2 Agreement for On -Call Software Maintenance and Development Services June 5, 2018 Page 3 *If extension is required Etd�win "William" Galve , P.E. Acting Executive Director Public Works Agency EWG/CR Exhibits: 1. Agreement - AECOM 2. Agreement - MVR Consulting APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez �� k Executive Director Finance and Management Services Agency 25J-3 25J-4 Exhibit 1 AGREEMENT FOR SOFTWARE MAINTENANCE AND DEVELOPMENT SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this Sth day of June, 2018 by and between AECOM ("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. On March 5, 2018, the City issued Request for Proposal No. 18-002, by which it sought a consultant to provide software maintenance and development services on an on -call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-002 and addenda thereto. 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 contracting 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 On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 18-002 and attached as Exhibit A. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of two consultants selected to provide services on an as -needed basis under RFP No. 18-002. The total annual compensation for services provided by all consultants selected under RFP No. 18-002 shall not exceed $50,000 during the term of the Agreement; •including _any exterision.periods. 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 fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 8 25J-5 3. TERM This Agreement shall commence on the date first written above and terminate on June 4, 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 1-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRATOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 the 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. Page 2 of 8 25J-6 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, 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. 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. Such insurance shall (a) name the City, its officers, employees, agents, 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. 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 California 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 cancelled by Consultant without thirty (30) days prior written notice to the City, except for 10 days' notice for non-payment of premium. Page 3 of 8 25J-7 (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. 8. INDEMNIFICATION Consultant agrees to defend, 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 negligent operations of the Consultant or its subconsultants, 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 he 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. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed Page 4 of 8 25J-8 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. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Page 5 of 8 25J-9 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: AECOM 999 Town and Country Road Orange, CA 92868 Attn: Timothy L. Maurier, Sr. Vice President 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a 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 tenns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. 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. Page 6 of 8 25J-10 [111 iM"VAWI No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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, temunation or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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 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. 20. 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 Page 7 of 8 25J-11 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: rM. Funk ssistant City Attorney RECOMMENDED FOR APPROVAL Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT Name: Title: Page 8 of 8 25J-12 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SOFTWARE MAINTENANCE AND DEVELOPMENT ON -CALL SERVICES RFP NO.:18-002 Introduction and Background: The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 340,000 people. The City of Santa Ana Public Works Agency is seeking qualified consultants to perform software maintenance and development services on an on -call basis for the City's various custom database software applications. The City will select up to two firms to provide these services, The City of Santa Ana Public Works Agency operates various recordkeeping software database applications for tracking a wide range of information. The data is organized and analyzed using standard database applications such as Microsoft SQL, Access or Excel. The data includes timesheet records, Capital Improvement Program web based application, request for service, department traffic orders, permit parking, speed surveys, collision reports, and various other public works related data. These database applications require routine maintenance, enhancements, or redesign to streamline functionality and improve user experience. Description of Work: The consultant shall perform software programming services for the database applications in a Microsoft Windows OS environment. The selected consultant must have strong knowledge of Microsoft Database software (Access and SQL Server). The Consultant's services shall include, but not be limited to, the following: Routine Application Maintenance Support in the correction of application errors where such errors prevent the operation of the application or have a significant impact on the application's use as determined by the City. Provide routine application updates to support new operating systems and new versions of Microsoft Office and other related products. Consultant shall be available from 7:00 a.m. to 5:00 p.m., Monday through Friday and respond to City request within one business day. City of Santa Ana RFP 18-002 Page Al-1 25J-13 Application Support and Programming Services Provide programming services to modify application functionality and create new enhancements identified and requested by the City on as needed basis. Provide new application reports identified by City on as needed basis Data integration and migration for application enhancements including reformatting data to be compliant with new system. All source code provided by the developer should be fully documented with comments. Provide separate overview documents that identifies any changes incorporated in the application software. - Create or improve the documentation of existing user manuals of different software applications as needed. - Provide support to the City of Santa Ana Information Technology staff for resolution of issues related to upgrades of ancillary software systems such as SQL Server, Windows Server and browser compatibility (Chrome, IE, Firefox, etc.). Application Development and Implementation - Conduct workflow analysis including business processes, input data & report requirements, and review of existing system applications. - Design and development of application modules. Data migration and integration. - Testing of application performance, security, load and integration. - Deploy and configure the application on City network. - Maintain software application including bug fixes, updates, enhancements and version control. Support and Training Provide training to City staff on all aspects of the applications as directed by the City. Consultant shall be available from 7:00 a.m. to 5:00 p.m., Monday through Friday and respond to City request within one business day. City of Santa Ana RFP 18-002 Page Al-2 25J-14 Distribution of Work The Consultant(s) selected for this work shall provide written, "not to exceed" estimates as requested by the City for services. These estimates shall include: number of employees, job classifications, and number of hours required for the work. It shall be the Consultants responsibility to ensure they have all information deemed necessary to prepare accurate estimates. If multiple Consultants have been awarded a contract, the lowest responsive bid amongst the selected Consultants shall be awarded the corresponding job order. No work shall be allowed to proceed until authorized by the City. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. Fee Proposal: In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule. A list of all positions and hourly rates required to perform the services described. City of Santa Ana RFP 18-002 Page Al-3 25J-15 EXHIBIT B �_ � N N Ri N N N N Y N F+~" 1n W n ✓'�,�P §`ib i � Owco xJ b +srt vi if rw ,� rl rp;��.rPyyU a Nk }F^UPI 3 N if``t u�ry`9sf� K ti 4' 11 S�i��•ti�'9�t'i� bl � p G 5 p 0 In Q H G1 _o i, AA 0 y J o w x w �a � c N N .µ` n F. N O p C O tqqr �'. U JC N ��Uff C M� J ¢AFN GYfQ. 0 DOFS-� 7 tq'fY m O O 4 M m S U N p1 V tl' C m a 25J-16 Exhibit 2 AGREEMENT FOR SOFTWARE MAINTENANCE AND DEVELOPMENT SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 5th day of June, 2018 by and between MVR Consulting ("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. On March 5, 2018, the City issued Request for Proposal No. 18-002, by which it sought a consultant to provide software maintenance and development services on an on -call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-002 and addenda thereto. 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 contracting 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 On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RIP No. 18-002 and attached as Exhibit A. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of two consultants selected to provide services on an as -needed basis under RFP No. 18-002. The total annual compensation for services provided by all consultants selected under RFP No. 18-002 shall not exceed $50,000 during the term of the Agreement, including any extension periods. 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 fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page t of 8 25J-17 3. TERM This Agreement shall continence on the date first written above and terminate on June 4, 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 1-year period upon a writing executed by the City Manager and City Attorney, 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRATOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 subeonsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 the 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. Page 2 of 8 25J-18 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, 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. 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. 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 California 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. Page 3 of 8 25J-19 (iv) Consultant shall supply City with a fully executed additional insured endorsement. £ 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. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) forpersonal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property darnage, which may arise from the negligent operations of the Consultant or its subconsultants, 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, jest 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. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed Page 4 of 8 25J-20 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. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Page 5 of 8 25J-21 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: MVR Consulting P.O. Box 236 Calimesa, CA 92320 Attn: Martha van Rooij en, Owner 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a 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 agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. 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. Page 6 of 8 25J-22 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. 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 Page 7 of 8 25J-23 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney By: rgfm M. Funk Name: Assistant City Attorney Title: RECOMMENDED FOR APPROVAL Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency Page 8 of 8 25J-24 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SOFTWARE MAINTENANCE AND DEVELOPMENT ON -CALL SERVICES RFP NO.:18-002 Introduction and Background: The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 340,000 people. The City of Santa Ana Public Works Agency is seeking qualified consultants to perform software maintenance and development services on an on -call basis for the City's various custom database software applications. The City will select up to two firms to provide these services. The City of Santa Ana Public Works Agency operates various recordkeeping software database applications for tracking a wide range of information. The data is organized and analyzed using standard database applications such as Microsoft SQL, Access or Excel. The data includes timesheet records, Capital Improvement Program web based application, request for service, department traffic orders, permit parking, speed surveys, collision reports, and various other public works related data. These database applications require routine maintenance, enhancements, or redesign to streamline functionality and improve user experience. Description of Work: The consultant shall perform software programming services for the database applications in a Microsoft Windows OS environment. The selected consultant must have strong knowledge of Microsoft Database software (Access and SQL Server). The Consultant's services shall include, but not be limited to, the following: Routine Application Maintenance Support in the correction of application errors where such errors prevent the operation of the application or have a significant impact on the application's use as determined by the City. - Provide routine application updates to support new operating systems and new versions of Microsoft Office and other related products. - Consultant shall be available from 7:00 a.m. to 5:00 p.m., Monday through Friday and respond to City request within one business day. City of Santa Ana RFP 18-002 Page Al-1 25J-25 Application Support and Programming Services - Provide programming services to modify application functionality and create new enhancements identified and requested by the City on as needed basis. - Provide new application reports identified by City on as needed basis. - Data integration and migration for application enhancements including reformatting data to be compliant with new system, - All source code provided by the developer should be fully documented with comments. - Provide separate overview documents that identifies any changes incorporated in the application software. - Create or improve the documentation of existing user manuals of different software applications as needed. - Provide support to the City of Santa Ana Information Technology staff for resolution of issues related to upgrades of ancillary software systems such as SQL Server, Windows Server and browser compatibility (Chrome, IE, Firefox, etc.). Application Development and Implementation Conduct workflow analysis including business processes, input data & report requirements, and review of existing system applications. Design and development of application modules, Data migration and integration. Testing of application performance, security, load and integration. Deploy and configure the application on City network. Maintain software application including bug fixes, updates, enhancements and version control. Support and Training - Provide training to City staff on all aspects of the applications as directed by the City. Consultant shall be available from 7:00 a.m. to 5:00 p.m., Monday through Friday and respond to City request within one business day. City of Santa Ana RFP 18-002 Page Al-2 25J-26 Distribution of Work The Consultant(s) selected for this work shall provide written, "not to exceed" estimates as requested by the City for services. These estimates shall include: number of employees, job classifications, and number of hours required for the work. It shall be the Consultants responsibility to ensure they have all information deemed necessary to prepare accurate estimates. If multiple Consultants have been awarded a contract, the lowest responsive bid amongst the selected Consultants shall be awarded the corresponding job order. No work shall be allowed to proceed until authorized by the City. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. Fee Proposal: In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule. A list of all positions and hourly rates required to perform the services described. City of Santa Ana RFP 18-002 Page Al-3 25J-27 EXHIBIT B UVAMI N Consulting City of Santa Ana Attn: Cesar Rodriguez Santa Ana Public Works Agency Request for Proposal Software Maintenance and Development On -Call Services RFP No. 18-002 S. FEE PROPOSAL (Separate Sealed Envelope) See separate sealed envelope: "MVR Consulting City of Santa Ana RFP 18-002 Fee Proposal' MVR Consulting Fee Schedule Proposal Two -Year Contract Not -to -Exceed $50,000 (Estimated $25,000 per Year) City of Santa Ana RFP 18.002: Software Maintenance and Development On -Call Services April 9, 2018 Staff Category Hourly Rate Estimated Total otal ■ Principal Programmer/App Developer Vincent van Rooljen $135 314 $42,39D ■ Principal/Contract Support Martha van Rooljen $150 48 $7,200 Sub -total $49,480 ■ Reimbursables (mileage, copies etc.) At Cost (No Mark-up) $410 Total Not -to -Exceed Per Year: $60,000 • Scope of Services: • Routine Application Maintenance ■ Application Support and Programming Services ■ Application Development and Implementation • Support and Training Notes: • Per RFP 18-002, MVR Consulting will provide written "not to exceed" estimates at City request for services, which will include number of employees, job classifications, and number of hours required for the work. ■ Hourly Rates adjust annually January 1•' per federal CPI —not to exceed 5%. Page 11 25J-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVE DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS (STRATEGIC PLAN NO. 5,4) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 131 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 agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. Santa Ana FC Corp in support of on -going soccer activities for youth in Santa Ana, in a one time donation amount of $500 (Councilmember Sarmiento); b. Centro Cultural de Mexico En El Condado de Orange in support of El Dial del Nino event that occurred April 29, 2018, in a one-time donation amount of $500 (Councilmember Benavides). 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. This resolution and policy outlines 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. The donation agreements (Exhibits 1-2) listed above are in response to the Donation Requests submitted by various community organizations or neighborhood associations to the specific Councilmembers, seeking sponsorship for community events and/or programs. The 29A-1 Donation Agreements with Organizations to Support Community Events and Programs June 5, 2018 Page 2 Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements will be executed. 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 2017-18 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2017-18: Councilmember Sarmiento $ 500.00 Councilmember Benavides $ 500.00 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1-2. Donation Agreements 29A-2 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA FC CORP 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 5, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA FC CORP 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 TO ALLOCATE RESOURCES FOR THE RESERVATION OF FACILITIES, COACH TRAINING COST, AND PROGRAMMING FOR YOUTH SOCCER ACTIVITIES FOR THE SEASON BEGINNING MAY 18, 2018, WHICH BENEFITS SANTA ANA YOUTH ("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 SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it PROVIDES AN OPPORTUNITY FOR SANTA ANA YOUTH TO ENGAGE IN SPORTS ACTIVITIES THAT PROMOTE FITNESS AND POSITIVE ACTIVITIES. 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. TERIMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500), 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 terns of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds 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. EXHIBIT 1 29A-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 it 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, 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 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 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 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 1 29A-4 CITY OF SANTA ANA By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney �fim M. Funk Assistant City Attorney SANTA ANA FC CORP, a 501(c)(3) NON- PROFIT ORGANIZATION By: Signature Name: Title: EXHIBIT 1 29A-5 City Managers Office — M-31 City of Santa Ana 20 Civic CenferPlaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 amo: _j:_11A V F itlel. 1�ciclfess: Icffy,state, _i17P_- Phone: I -7 -Z ri nVcl Q Email: 1­ 1, S P. n C k R Name: &)Au 0 not •FC CORP Tax -Exempt Status: Is your organization a non-profit or public tax-exempt crganiz�Iionas defined under Section 501(c)(3) of the Internal Revenue Code? Yes No If Me, you will only qualify fora credit for Clly-related costs for yourrequest iie. permit fees, staff time, rental rates for facilities orequipment, for City if 5f Yes, e1c.).Costs services vary and approved, credit mayormaynol coverfullcost of requested Ciryservices. I Irox to 9. o i - oq 2 6,z 15 'Cffy Services Cmd ! Onto Needed-. FM.yodITmajeto A mount Requested: ) rn Cou11IIm.b,, IrectPaY Payment Amount Re F�s 0 00 00. OC) F, -It onto. Fl� Time: 0 L) P rr nested: lEvent 0-C111i pap -lc Event Location: Address, City, State, Zip *111COOLi Sir. 51irri-A (fi 97-70-7 Santa Ana FC Corp will allocate resources from this sponsorship towards on -going Description of youth soccer activities for Santa Ana Youth throughout the season beginning May 18, FFIelsIctilp, I vent I Purpose: � .2018. The sponsorship will be allocated to facility rentals, coaches, and programming. L I Community Benefit: ch-,�Afeh S e1c)p &jk6fell G&I Ct iSOUA 1<jtlS VAi'iV- pla YA tyn htiv�%)W PAS; woaK �yj uActelishIPS6 5 FpIl.ant Signature: Lin: Mail: City Manager's Office — M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request At: i DR - Council Meeting Date: JUNE5,2018 Eligibility Met: YES I NO YES I Approved Amount: $500 City Manager Sigiinture: Date: Revised 0 1105/2017 EXFffA-6 CITY OF SANTA ANA DONATION AGREEMENT WITH CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 5, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE 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 for A DIA DEL NINO EVENT THAT OCCURRED APRIL 29, 2018 THAT HONORS AND CELEBRATES CHILDREN WHILE INCORPORATING ARTS AND CULTURE WORKSHOPS ("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 BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it PROVIDED AN EVENT FOR THE COMMUNITY TO CELEBRATE CULTURE, ART, AND TRADITION THROUGH ARTS WORKSHOPS. 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), 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 funds 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. Exhibit 2 29A-7 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 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, 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 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 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 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 2 29A-8 CITY OF SANTA ANA By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By OL 7VLLA4A M. Funk Assistant City Attorney CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE, a 501(c)(3) NON- PROFIT ORGANIZATION By: Signature Name: EXHIBIT 2 29A-9 ..'� City Manager's Office - M-31 �..1 City of Santa Ana 20 Civic Center Plaza % =. rid Donation Request P.O. Box 1988 4L�-.- Santa Ana, CA 92702 - (714) 647-5200 Contact Information ,Name: Karen Sarabia fide: ,Executive Director 837 N Ross St. �f+ddress: ' ,'city, state, zip: Santa Ana, Ca. 92701 (Phone: (949) 205-3954 fEmail: karen@elcentroculturaldemexico.org Fax, . •,r •t t . u- •r Name: [El Centro Cultural de Mexico del Condado de Orange Tax -Exempt Status: Is your organization a non-pmfil or public lax -exempt organization as I etecg Q efined under Section 501(c)(3) of the Internal Revenue Code? :I Ves ❑ No If No, you will only qualify fora credit for City-relafed costs for your request (i.e. permit fees, I If Yai— s Fstafftime, rental rates for facilities or equipment,etc.). Costs for City services vary and if ;I 33-0614169 approved, credit may or may not cover full cost of requested City services. (Tax ID #: .Cit (y server es tree dit - Amount Requested: ate Needed: 04/29/2018 MayorlCouncilmember: Benavides r Direct Payment Amount ,Requested: 500— S Event Date: l_ I04/29018 1 00 am - 3:00 m I Event Time: : p Birch Park — d00 V�i 3rd St, Santa Ana, CA 92701 Event Location: Address, City, State, Zip EFDia del Nino is a is famiiyfioliday celebrates in N x co that honors Description of children, celebrates their importance in society and promotes their well-being. Event I Purpose: EFDia deTNifio 1t s a free community event that promotes arts and culture. Community Benefit: Hosting art workshops and performances by community artists, local arts organizations, schools and community groups. Funds will be directed towards Applicant Signature: / (Date: 05I07/2018 r • . . nrn via., Mail: City Manager's Office -M•31 Email: donationmquest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request #: DR I Council Meeting Date: 1 June 5. 2078 P,ehrence k pn all nrialad OPV=-__ __ Eligibility Met: YES/ NO YES Approved Amount 5500 i City Man,ger Signature: Date: Revised 0110512017 0 aY_ 1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVE SANTIAGO CREEK BOUNDARY LOT LINE ADJUSTMENT (2467 NORTH RIVERSIDE DRIVE) (STRATEGIC PLAN NO. 6, 1) CIAMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve Lot Line Adjustment No. 2017-02 to allow a property line boundary adjustment between the City's Santiago Creek property and an adjacent private parcel at 2467 North Riverside Drive, and authorize the City Manager to execute a grant deed to account for the portion of City property that will become part of the private parcel. In 2013, as part of an effort to understand the City's property limits near Santiago Creek, staff commissioned a topography survey of the section between Flower Street and the I-5 Freeway. The survey depicted small portions of private property improvements encroaching into the City's creek right-of-way. Improvements encroaching into City property from the single-family residential property owned by Ann and Eugene Andres at 2467 North Riverside Drive (Exhibit 1) include a tennis court, pool, and garage. A review of City records indicated that City permits were issued for these improvements over thirty years ago. In November 2016 and July 2017, Public Works Agency staff met with the property owners of 2467 North Riverside Drive to discuss resolution of the encroachment. The possibility of adjusting the property boundary was discussed, resulting in the entirety of private improvements to be wholly contained within the adjusted parcel, including the tennis court, pool, garage, and landscape area. The stated improvements have been continuously maintained by Mr. and Mrs. Andres (Exhibits 1 and 2). The proposed resolution was discussed with the City Attorney's Office and former City Manager Cavazos, and it was supported because it reduces or eliminates the City's liability and maintenance responsibility associated with the private improvements. This option also alleviates any potential issues related to the encroachment, particularly because the improvements were performed under City permits. Staff therefore recommends a lot line adjustment to effectively transfer a 4,283 square foot portion of City property to Mr. and Mrs. Andres for a payment of $1.00. Mr. and Mrs. Andres were responsible for the costs associated with hiring a private land surveyor for the preparation of 30A-1 Santiago Creek Boundary Lot Line Adjustment 2467 North Riverside Drive June 5, 2018 Page 2 the mapping documents for this Lot Line Adjustment (Exhibit 3). Following recordation of the Lot Line Adjustment, a grant deed (Exhibit 4) must be recorded to complete the process as required by state statute (Subdivision Map Act). The staff -recommended resolution has precedence by the City on similar matters. At the Closed Session portion of the City Council meeting of September 20, 2016, staff received direction to convey a portion of First Street which had been encroached upon by the building at 302 East First Street for decades. 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The $1.00 land sale proceeds will be received into the General Fund Miscellaneous Revenue account (No. 01102002-57071). Edwin "William" Galvez, . . Acting Executive Director Public Works Agency EWG/TH Exhibits: 1. Aerial Map 2. Field Pictures 3. Lot Line Adjustment Exhibits 4. Grant Deed APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez -J-( `9)0 & Executive Director Finance and Management Services Agency 30A-2 (VICINITY MAP) PARK LANE W Q' � SpNt\AGO CREEK 0 J 4 R`vERS�CE I EXIST ING) (AFTER BOUNDARY AUJUSTIENTI CREEK WALL CREEK MALL _ — — — ANDRES' PROPERTY LIMITS — — — — ANDRES' PROPERTY LIMITS EXHIBIT 1 SANTA ANA Title: f� City Cw h SANTIAGO CREEK BOUNDARY P■ W A ■ ADJUSTMENT - 2467 NORTH \,,.�,��y I RIVERSIDE DRIVE 30A-4 kf COMR WALL A'lisi �'w S CREEK ULL4 L w _Y, WALI It d tIw h TENNIS COURT 1 WALL r� 30A-6 EXHIBIT 3 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5W4 vmv.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (LEGAL DESCRIPTION) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION LOTS 6, 7 AND 8 OF TRACT NO. 754, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 22, PAGE 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER NTH: THAT PORTION OF GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 64'32'02" EAST 1.29 FEET ALONG THE NORTHERLY LINE OF LOT 9 OF SAID TRACT NO. 754• THENCE NORTH 9'76'50" WEST 10.43 FEET; THENCE SOUTH 76'15'50" WEST 27.78 FEET, THENCE SOUTH 77'52'34" WEST 20.54 FEET; THENCE SOUTH 75'56'05" WEST 25.15 FEET, THENCE SOUTH 73'34'48" WEST 23.47 FEET; THENCE SOUTH 69'44'44" WEST 24.27 FEET; THENCE SOUTH 6752'46" WEST 22.89 FEET; THENCE SOUTH 66'39'32" WEST 22.75 FEET; THENCE SOUTH 65'37'56" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 26'35'33" EAST 33.56 FEET ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64'32'02" EAST 165.70 FEET ALONG THE NORTHERLY LINE OF SAID LOTS 6, 7, AND 8 TO THE POINT OF BEGINNING. CONTAINED WITHIN SAID PARCEL 1, 26,986 SQUARE FEET, 0.619 ACRES MORE OR LESS. THAT PORTION OF THE SANTIAGO CREEK CHANNEL E08 AS DESCRIBED BY GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191. EXCEPTING THEREFROM THAT PORTION OF SAID GRANT DEED, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 64'32'02" EAST 1.29 FEET ALONG THE NORTHERLY LINE OF LOT 9 OF SAID TRACT NO. 754; THENCE NORTH 9'16'50" WEST 10.43 FEET; THENCE SOUTH 76'15'50" WEST 27.78 FEET; THENCE SOUTH 77'52'34" WEST 20.54 FEET; THENCE SOUTH 7556'05" WEST 25.15 FEET; THENCE SOUTH 73'34'48" WEST 23.47 FEET, THENCE SOUTH 69'44'44" WEST 24.27 FEET; THENCE SOUTH 67'52'46" WEST 22.89 FEET; THENCE SOUTH 66'39'32" WEST 22.75 FEET; THENCE SOUTH 65'37'56" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 26'35'33" EAST 33.56 FEET ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64'32'02" EAST 165.70 FEET ALONG THE NORTHERLY LINE OF SAID LOTS 6, 7, AND 8 TO THE POINT OF BEGINNING. EXHIBIT "A" SHEET 1 OF 2 30A-7 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 w .santa-ana.org LOT LINE ADJUSTMENT _. AIXM1WF NE x�`rccry,xtn» Nm., .:_4' nry t�Xfi1Hm m!M1 S++: :£J Jr, P„„gfAC1U(4i3f�3. 'rl&!RRrt9£. n.U.amtNXTW sl LOT LINE ADJUSTMENT NO. 2017-02 (LEGAL DESCRIPTION) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION CONTAINED WITHIN SAID PARCEL 2 177,592 SQUARE FEET, 4.077 ACRES MORE OR LESS. SUBJECT TO ALL MATTERS OF RECORD, IF ANY. SUBJECT TO A RETAINING WALL EASEMENT TO BE RESERVED BY DEED FOLLOWING THE RECORDING OF THIS LOT LINE ADJUSTMENT. ATTACHED HERETO IS A PLAT LABELED EXHIBIT "B", AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. No. 8862 CAL EXHIBIT "An SHEET 2 OF 2 30A-8 Planning and Building Agency I Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 vmv.santa-ana.org LOT LINE ADJUSTMENT AA4t,,NA'1>1�6P*nRmRMNr/"uR',:5,'vl�M. T.mF^faY, dk:.2'Rn .fe+. x a. dfi:� ne - . tATmv.N't . tthrfifm,:R"-ot-K . �Nd ,:F .;>rll1a ESTR2'Rt8 r:�1fiYddF.AMd4'lu LOT LINE ADJUSTMENT NO. 2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND 002-050-05 AND t SUCCESSOR TRUSTEES THERETO PORTION OF 002-020-37 THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020-37 2 N ° vro a M w 40 H cr LLI 0 U- p N 0 z W In io I N O N O I�z N81'52'14-W 0 G�o 10 623.38, PARCEL 2 AREA = 177,592 SQUARE 4.077 ACRES PORTION OF LAND DESCRIBED IN DEED RECORDED IN BOOK 0° 460, PAGE 471, O.R. L8a 6k�2Q2 DCn` �O\.1 sl N 4ap RGESNEE q d q\ O° cell 1 Nti6 o SF- C-S FEET @%11 %% d 14 SCALE: 1 "=100' ' cV LLI LLI � 663.61' NO2'01'07"E I LJ NB3'26'55"E 57.51' J 264.64' _ a a a Q a O O O O O d d d d d _ '4 J� 40' d OP.\ I I BYMEOREXHIBIT PREPARED MY DIRECT SUPERVISION. II+1511-7 ;;0 ICE, P.L.S. 8862 EXHIBIT "B" SHEET 1 OF 4 30A-9 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) t ' I Santa Ana, CA 92702 (714) 647-5804 vmv.santa-ana.org LOT LINE ADJUSTMENT .tYMWM1'd�M'V gQ.M1Wi5N.7u. �.k":vt „.0 .,r Ae:.N tJ'dm'6nN16�f':fH.d�P?.i6".A-0'BJhJhti.iYR�'IPiTL'��M,f%4?.AWlPd�1Ak�P :.. LOT LINE ADJUSTMENT NO. 2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND 002-050-05 AND 1 SUCCESSOR TRUSTEES THERETO PORTION OF 002-020-37 THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020-37 2 H LJ LJ <n LLI W N w Z J 0 a '0010 o e� I r N88'00'38"E AA N88'59'56"E NO2'01'07"E 57.51' 663.64' NO2'02'08"E 72.60' RIVERSIDE DRIVE SCALE: 1 "=100' N34'19'17"E 64.65' 865.41' PARCEL 2 AREA = 177,592 SQUARE FEET 4.077 ACRES N85'21'23 L a a 4 'p d d d d EXHIBIT "B" A SHEET 2 OF 4 30A-10 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 w .santa-ana.org LOT LINE ADJUSTMENT SiBM.'t..+G.KLIWAYAMf�tyRMk�M'�0.$7Wi��'Stie'119�614RiYY4M ..k.._1:.:. .-„ n++l'Sn 1Mit8 uA4. ;G.°^..d�:'Jl d..x. _7 w. itilSi,'iB.A., 3b.. uAAiFiL'W�t7�ik�fd". LOT LINE ADJUSTMENT NO.2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-02D-37 2 A MUNICIPAL CORPORATION PARCEL 2 �QaUoaco MUM @HMIKIIAM 101RlM) N&DE M/M J 14 L13 L72 _ L" Leo DETAIL `.2 NORTH LINE OF PARCEL 1_ C 9 LB N64'32'02"E SEE SHEET 4 L3-165.70' OF EXHIBIT "B" �—�L4 L5— h L7 z i7 \` �7L6 v - POINT OF BEGINNING 4 e @V ill ° ° aoa I LINE DATA: L1 N63'21'28"E 49.98' PARCEL 1 L3 - N64'32'02"E 50.02' AREA = 26,986 SQUARE FEET L4 - N64'32'02"E 52.65' 0.619 ACRES og L5 - N64'32'02"E 63.03' 6� °° OQ L6 - N64'32'02"E 1.29' �.4 � L7 - N09'16'50"W 10.43' L8 - N76'15'50"E 27.78' 3 3 L9 - N77'52'34"E 20.54' n L10 - N75'56'05"E 25.15' Ln v L11 - N73'34'48"E 23.47' n I L12 - N69'44'44"E 24.27' Z° L13 - N67'52'46"E 22.89' C3 z L14 - N66'39'32"E 22.75' L15 - N65'37'56"E 5.79' L1 L2 �— C2 / L16 - N26'35'33"W 33.56' ,,—N63'21'28"E 89.52'C1 —� RIVERSIDE DRIVE SCALE: 1 "=40' EXHIBIT "B" SHEET 3 OF 4 30A-11 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 w .santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020 37 2 A MUNICIPAL CORPORATION NOTE: ATTACHED HERETO AND MADE A PART OF EXHIBIT •A• THE DATA SHOWN HEREON IS NOT THE RESULT OF A BOUNDARY SURVEY, BUT IS RECORD DATA PER RECORD OF SURVEY 89-1033, R.S.B. 125/16-22 LAND AREA: PARCEL 1: 26,986 SQUARE FEET 0.619 ACRES PARCEL 2: 177,592 SQUARE FEET 4.077 ACRES LEGEND: SCALE: 1 "=10' .---ft �La nM40LaC�0 C�6�CGn� C5'CIiG^1GvJG1C�L� �♦ D�C�D C30D OO C3 96J/9 J� / ♦ — N64'32'02'E 165.70' -- L5 L6 1 1 �¢ POINT OF 1 [LO4 8 BEGINNING pC�4 [1�Oo NCo d04 J j ♦ M.N. Z " � DETAIL PROPOSED PARCEL 1 EXISTING LOT LINE TO BE ADJUSTED SCALE: 1=10' ice, EXISTING LOT LINE EASEMENT LINE CENTERLINE AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 IN BOOK 655 PAGE 173, OF DEEDS. o- COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK 459, PAGE 491 OF OFFICIAL RECORDS. 10.00' EASEMENT FOR RETAINING WALL, ACCESS, MAINTENANCE AND IMPROVEMENT PURPOSES RESERVED TO THE CITY OF SANTA ANA EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES SHOWN ON EXHIBIT "C" OF THIS LOT LINE ADJUSTMENT. SAID EASEMENT WILL BE RECORDED BY SEPARATE DOCUMENT AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. *V4611i�■� � RADIAL DATA: RAD. 1: N26'38'25"W RAD. 2: N25'35'23"W RAD. 3: N20'33'47"W CURVE DATA: Cl: R=570.00' 6=6'04'38" L=60.46' C2: R=570.00' 0=-5'01'37" L=50.01' C3: R=570.00' A--1103'01" L=10.45' C4: R=17138.80' A=00'32'12" L=80.27' SHEET 4 OF 4 30A-12 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) i I I Santa Ana, CA 92702 (714)647-5804 w .santaana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (SITE PLAN) ATTACHED HERETO TO EXHIBIT "A" FOR REFERENCE ONLY OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION 5' N'LY OF P.L.) nwn nn�� (S'LY FACE 0.5' LY OF P.L.) CONCRETE -GUTTER C _ SLOPE r— GRAVEL= i•1 F SWIMMING OOL TENNIS r 1 COURT r-PLANTER � AREA J 3 Y O� Q o bO m OO�i mv CHAIN LINK FENCE NOTE: ATOP WALL SEE SHEET 2 OF PORTION OF APN EXHIBIT "C" FOR 002-020-37 EASEMENT NOTE AND ® LEGEND �IiLL �i/ s'7• HIGH STORY :. R BUILDING 2 STORIES BUILDING " 2,456 SQ. FT. (GROUND) �... fit'm@lfHIP. T (S'LY FACE 0.5' N'LY OF P.L.) 14,CLEAR OF 0.33'CLEAR OF %QQ `?J 12,25' SCALE: 1"=30' RIVERSIDE DRIVE EXHIBIT "C" SHEET 1 OF 2 30A-13 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 1714) 647-58N v✓ww.santa-ana.org LOT LINE ADJUSTMENT A1MMWnNY1wW.i�'AW.^F1�Aaaimratt49ravr�iTP6b'.S�'iP°dYA'."Mfi'AtAWIN•'A�PIWMkhYWURYY&11.4W4."RtR4n�Jrt'il'!f NHYrc f+NhP;:: t..WgaUSWr,:f.-wsd3mifR.'M➢'X?'NM.'AWMWINth.'kRi�i'IPRIIIM1�*�A"i4Clb't(Ih'�0.kU0`8dr'-. LOT LINE ADJUSTMENT NO. 2017-02 (SITE PLAN) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND AND 002-050-05 5 AND 1 SUCCESSOR TRUSTEES THERETO PORTION OF -37 THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020-37 2 LEGEND: PROPOSED PARCEL 1 EXISTING LOT LINE TO BE REMOVED EXISTING LOT LINE - - - - - - - - - EASEMENT LINE 'iVff,,ff, ,ff,/ IZI-/////////////////. BUILDING LINE X X CHAINLINK FENCE BLOCK WALL CONCRETE PAVEMENT OA - AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 IN BOOK 655 PAGE 173, OF DEEDS. Ba COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK 459, PAGE 491 OF OFFICIAL RECORDS. Co- 10.00' EASEMENT FOR RETAINING WALL, ACCESS, MAINTENANCE AND IMPROVEMENT PURPOSES RESERVED TO THE CITY OF SANTA ANA EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES SHOWN ON PAGE 1 OF THIS EXHIBIT "C". SAID EASEMENT WILL BE RECORDED BY SEPARATE DOCUMENT AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. EXHIBIT nCn SHEET 2 OF 2 30A-14 EXHIBIT 4 When recorded, please mail this Instrument to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by The City of Santa Ana per Government Code Section 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE Cancel Approved AS TO Approved By Desrsipsion Descripfim A.P. Number RAN Map Number Project Taxes Farm BY Aay, DlreCtor Wddn BY Checked-O Number T.D.R. A.C. 002-020-37 NW 57 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California Deed No. 8644 Does Hereby Grant to Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto, the real property in the City of Santa Ana, County of Orange, State of California, described as follows: That portion of Parcel 1 of Lot Line Adjustment No. 2017-02, recorded as Instrument No. in the Official Records of Orange County, said portion described in Exhibit "A" attached hereto and by this reference made a part hereof, reserving an easement over said portion to the CITY OF SANTA ANA for retaining wall and other purposes as described in said Exhibit "A". A notary public or other officer Completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Dated: STATE OF CALIFORNIA COUNTY OF On personalty appeared For. The CITY OF SANTA ANA } By: }SS. } before me, By: who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capadty(ies), and that by his/herttheir signature(s) on the instrument the person(s) or entity upon which the person(s) 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. Signature (This area ror offlasi w anal seal) 30A-15 EXHIBIT "A" LEGAL DESCRIPTION TO ACCOMPANY GRANT DEED FOR PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO.2017-02 FROM THE CITY OF SANTA ANA TO EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES THERETO IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 64°32'02" EAST 1.29 FEET ALONG THE NORTHERLY LINE OF LOT 9 OF SAID TRACT NO.754; THENCE NORTH 9016'50" WEST 10.43 FEET; THENCE SOUTH 76"15'50" WEST 27.78 FEET; THENCE SOUTH 77052'34" WEST 20.54 FEET; THENCE SOUTH 75056'05" WEST 25.15 FEET; THENCE SOUTH 73034'48" WEST 23.47 FEET; THENCE SOUTH 69"4444" WEST 24.27 FEET; THENCE SOUTH 6705246" WEST 22.89 FEET; THENCE SOUTH 66°39'32" WEST 22.75 FEET; THENCE SOUTH 6503756" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 26035'33" EAST 33.56 FEET ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64032'02" EAST 165.70 FEET ALONG THE NORTHERLY LINE OF SAID LOTS 6, 7, AND 8 TO THE POINT OF BEGINNING. CONTAINING 4,283 SQUARE FEET, MORE OR LESS. RESERVING A TEN (10.00) FOOT WIDE EASEMENT ALONG THE NORTHERLY LINE OF SAID LAND TO THE CITY OF SANTA ANA FOR RETAINING WALL, ACCESS, MAINTENANCE AND IMPROVEMENT PURPOSES, EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES AS SHOWN ON EXHIBIT "C" OF LOT LINE ADJUSTMENT NO. 2017-02. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF FOR THE LIMITS OF THE ABOVE DESCRIBED LAND AND EASEMENT RESERVATION. SEE EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF FOR SAID LOT LINE ADJUSTMENT NO.2017-02. THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. VOR D. RICE, PLS 8862 SIGNED: 11/15/17 D. Woolley & Associates, Inc., 2832 Walnut Avenue, Suite A, Tustin, California 92780 David E. Woolley, Professional Land Surveyor 7304 This document is marked preliminary unless signed. 30A-16 tl J 1 EXHIBIT "B" PLAT PARCEL 2 ��°aa4ocac�o MIMM (M&MIM PIMP 03000E qw/M L7 DETAIL SEE SHEET 2 OF EXHIBIT "B" 1 L6 - POINT OF BEGINNING PARCEL 1 AREA = 26,986 SQUARE FEET 0.619 ACRES o� C� I a o dO �OQ �OQ �OQ 3 ' M 3 M ill V M N IANoIh'lllo �� / NJ (1 p Z I z �i- Ll -. I , 1-2 T �N63'21'28"E 89.52' �\ RIVERSIDE DRIVE \9°. SCALE: 1 "=40' THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. I-7 VOR D. RICE, P.L.S. �8862 C2 \ mo \yo LINE DATA: L1 - N63'21'28"E 49.98' L2 - N63'21'28"E 39.54' L3 - N6432'02"E 50.02' L4 - N64'32'02"E 52.65' L5 - N64'32'02"E 63.03' L6 - N64'32'02"E 1.29' L7 - N09'16'50"W 10.43' L8 - N7615'50"E 27.78' L9 - N77'52'34"E 20.54' L10 - N75'56'05"E 25.15' L11 - N73'34'48"E 23.47' L12 - N69'44'44"E 24.27' L13 - N67'52'46"E 22.89' L14 - N66'39'32"E 22.75' L15 - N65'37'56"E 5.79' L16 - N26'35'33"W 33.56' - PORTION OF LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191 CONVEYED FROM THE CITY OF SANTA ANA TO EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES THERETO. SHEET 1 OF 2 30A-17 EXHIBIT "B" NOTE - ATTACHED HERETO AND MADE A PART OF EXHIBIT "A THE DATA SHOWN HEREON IS NOT THE RESULT OF A BOUNDARY SURVEY, BUT IS RECORD DATA PER RECORD OF SURVEY 89-1033, R.S.B. 125/16-22 LAND AREA: PARCEL 1: 26,986 SQUARE FEET 0.619 ACRES PARCEL 2: 177,592 SQUARE FEET 4.077 ACRES LEGEND: SCALE: 1 "=10 1 " � m M " �Ll(� uonh COO CcG�3C�CgG'.i` ��% 9HI ML ,♦ DEC D [3 OOOO 6g/� g� % -- N64'32'02"E 165.70" L5 L6 1 POINT OF �O4 BEGINNING �4G3GQC�/�4 [n]OO a ��4 N'o d04 g j ♦ RNo Vt o �1`5 / c ll 04 **,DETAIL SCALE: 1=10' so 00 PROPOSED PARCEL 1 EXISTING LOT LINE TO BE ADJUSTED EXISTING LOT LINE EASEMENT LINE CENTERLINE Ao- AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 IN BOOK 655 PAGE 173, OF DEEDS. Bo- COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK 459, PAGE 491 OF OFFICIAL RECORDS. Co- 10.00' EASEMENT FOR RETAINING WALL, ACCESS, MAINTENANCE AND IMPROVEMENT PURPOSES RESERVED TO THE CITY OF SANTA ANA EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES SHOWN ON EXHIBIT "C" OF THIS LOT LINE ADJUSTMENT. SAID EASEMENT WILL BE RECORDED BY SEPARATE DOCUMENT AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. RADIAL DATA: RAD. 1: N26'38'25"W RAD. 2: N25'35'23"W RAD. 3: N20'33'47"W CURVE DATA: Cl: R=570.00' A=6'04'38" L=60.46' C2: R=570.00' &=5'01'37" L=50.01' C3: R=570.00' A-1'03'01" L=10.45' C4: R=17138.80' 6=00'32'12" L=80.27' SHEET 2 OF 2 30A-18 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 vrvrv.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (SITE PLAN) ATTACHED HERETO TO EXHIBIT "A' FOR REFERENCE ONLY OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION Y OF CONCRETE GUTTER - * WALL Y FACE 0.5' ( OF P.L.) SLOPE CHAIN LINK FENCE ATOP WALL PORTION OF APN 002-020-37 h I TENNIS I COURT 4 PLANTER AREAJ AREA 3 2� O Q v O �O m OOryi P 8 BUILDING 2 STORIES BUILDING / � . 21456 S0. FT. (GROUND) O P I HIM, I 61 Q: Qom. P RIVERSIDE DRIVE EXHIBIT licit 30A-19 NOTE: SEE SHEET 2 OF EXHIBIT "C" FOR EASEMENT NOTE AND LEGEND (S'LY FACE 0.5' N'LY OF P.L.) 14'CLEAR OF L. 0.33'CLEAR OF 12.25' SCALE: 1"=30' SHEET 1 OF 2 30A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018; REQUESTING BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE CITY OF SANTA ANA GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND SUBMISSION OF A PROPOSED CHARTER AMENDMENT REGARDING BY WARD ELECTIONS FOR VOTER CONSIDERATION (STRATEGIC PLAN NO. 5, 1) CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution giving notice and requesting the Board of Supervisors of the County of Orange to consolidate the 2018 Statewide General Election on November 6, 2018 with the City of Santa Ana General Municipal Election for certain officers and proposed City Charter Amendment regarding By -Ward Based Elections. 2. Adopt a resolution establishing a charge for candidates' statements to be submitted to the electorate in the November 2018 General Municipal Election. 3. Adopt a resolution to approve title of Charter Amendment and proposed language for consideration by voters, 4. Adopt resolution authorize the filing of Arguments and Rebuttals. 5. Submittal of Impartial Analysis for voter consideration. 6. Direct Clerk of the Council to publish legal notices as required by law. DISCUSSION In order to conduct an election, State law and the City Charter require the City Council to adopt a resolution calling for a general municipal election. The subject resolution establishes November 6, 2018 as the date for the election of the Mayor and Members of Wards 2, 4 and 6 of the City Council. 55A-1 2018 General Municipal Election and Charter Amendment June 5, 2018 Page 2 Pursuant to Section 10403 of the California Elections Code, the City Council is required to formally request consolidation of the City's General Municipal Election with the Statewide Election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general elections for the purpose of electing a Mayor and Councilmembers for Wards 2, 4 and 6 and proposed City Charter Amendment on Ward Based Elections to be held on November 6, 2018 and authorizes the Board of Supervisors to canvass the election returns. Also, candidates for Mayor and the City Council may choose to have a candidate's statement mailed to each voter as part of the Voter Information Pamphlet. As an added option, the County of Orange Registrar of Voters Office offers a 200 and 400 word option and further have the option to print or simply post an electronic copy of the statement on their website. Candidate statements are produced at the candidates' option, not mandated, and the election code allows the Council to establish a charge to be levied against candidates in order to recover the cost of printing, handling and mailing these statements. The Orange County Registrar of Voters estimated cost for the Candidate Statement as follow: Print in voters pamphlet and electronic copy of Candidate Statement in Registrar of Voter's Office website in English, Spanish, Vietnamese, Korean and Chinese: • 200 Words $1,546.00 400 Words $2,775.00 Electronic copy of Candidate Statement in Registrar of Voter's Office website in English, Spanish, Vietnamese, Korean and Chinese: • 200 Words $494.55 • 400 Words $672.55 Additionally, the City Council directed staff to bring forth a Charter Amendment regarding ward - based elections. Said matter has been discussed recently by the City Council on February 20, 2018, and March 6, 2018. In summary, the City of Santa Ana currently utilizes an at -large election system, which allows electors from the entire City to elect each of the six (6) Councilmembers and the Mayor; the councilmembers must be nominated by electors in their respective ward. The proposed Charter Amendment proposes a Ward -Based Election System in which councilmember are both nominated and elected by electors in that Ward. The California Elections Code requires the adoption of the attached resolutions in order to place a ballot measure before the voters at a special municipal election and must be submitted to the Registrar of Voters at least 88 days in advance of the election (refer to Exhibit 1). In addition to calling for the election, a resolution may be approved to permit the filing of written arguments in favor of or against such measure by members of the City Council, any individual voter eligible to vote on the measure, a bona fide association of such citizens or any combination thereof, and establishes deadlines for submission of such arguments to the Clerk of the Council. The Elections Code specifies that members of the Council would be given preference and priority, if authorized by the City Council. The subject resolution would give that authorization to any member of the Council desiring to submit an argument. 55A-2 2018 General Municipal Election and Charter Amendment June 5, 2018 Page 3 The procedures for filing ballot arguments are detailed in the Elections Code. The Election Code procedures, as well as general guidelines for preparing arguments will be provided in a notice prepared by the Clerk of the Council and posted following final adoption of the resolution calling for the election. Also, whenever a City measure qualifies to be on a ballot, the City Council may direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure (Elections Code §9280). The analysis is printed in the Voter Information Pamphlet preceding the arguments for and against the measure. City Attorney had previously prepared the Impartial Analysis and will be submitted for inclusion in the ballot. 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 The cost to consolidate the General Municipal Election for candidate and Charter Amendment measure is estimated to be $275,000. Funds for these administrative costs are available in the Clerk of the Council, Contractual Services account no. 01107031 62300, FY 2018-2019. APPROVED AS TO FUNDS AND ACCOUNTS: Maria D. Huizar Francisco Gutierrez Clerk of the Council Executive Director Finance and Management Services Agency Exhibits: 1. Resolution Calling Election & Consolidating 2. Resolution with proposed Charter Amendment language 3. Resolution Establishing Estimated Candidate Statement Cost 4. Resolution authorizing the filing of Arguments and Rebuttals 55A-3 55A-4 EXHIBIT 1 RESOLUTION NO.2018-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 6, 2018 TO ELECT CERTAIN MUNICIPAL OFFICERS AND FOR SUBMISSION TO THE VOTERS OF THE QUESTION OF WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY THE REGISTERED VOTERS OF THE ENTIRE CITY AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY CONSOLIDATE THE CITY'S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general municipal election of the City of Santa Ana will be held on November 6; 2018, for the purposes of electing the Mayor and Councilmembers from Wards 2, 4, and 6. B. The City Council adopted Resolution No. 2018-XXX submitting to the voters the question relating to a proposed amendment to the City Charter regarding changing from at -large election of City Councilmembers to a by -ward election of City Councilmembers. C. There will be a statewide general election held on November 6, 2018. D. It is desirable that the general municipal election of the City of Santa Ana on November 6, 2018 be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and charter amendment be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. E, The Clerk of Council is authorized, instructed, and directed to give further notice of the election, in time, form and manner as required by law. Resolution 2018-XXX Page 1 of 3 55A-5 Section 2: That pursuant to the requirement of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order consolidation of the November 6, 2018 general municipal election of the City of Santa Ana for the purpose of electing the Mayor and Councilmembers from City Wards 2, 4, and 6 and the proposed Charter amendment with the statewide general election to be held on the same date. The election will be held and conducted in accordance with the provisions of law regulation the statewide election. Section 3: The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said special municipal election pursuant to Section 10411 of the Elections Code of the State of California. Section 4: The City of Santa Ana recognizes the additional costs will be Incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5: The Clerk of Council is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Orange and a certified copy of this Resolution with the Registrar of Voters of the County of Orange. Section 6: This Resolution shall take effect immediately upon its adopting by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of June, 2018. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney gy; �xUe cJt(� • �C9Na Laura A. Rossini Senior Assistant City Attorney Miguel A. Pulido Mayor Resolution 2018-XXX Page 2 of 3 y AYES: Councilmembers NOES: Counciimembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018- to be the original resolution adopted by the City Council of the City of Santa Ana on June _, 2018. Date: Resolution 2018-XXX Page 3 of 3 teYk�YYt�Ci7UrrCil City of Santa Ana 55A-7 y • EXHIBIT 2 RESOLUTION NO.2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE OF A BALLOT TITLE FOR A CITY CHARTER AMENDMENT REGARDING WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY REGISTERED VOTERS OF THE ENTIRE CITY TO BE INCLUDED ON THE BALLOT FOR THE 2018 GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. Changing from at -large City Councilmember elections to ward -based City Councilmember elections requires a Charter amendment approved by the voters. Section 2. The City Council has considered the issue of changing from at -large City Councilmember elections to by -district City Councilmember elections and has determined that the voters of the City of Santa Ana should decide whether City Councilmembers should be elected using the by -ward voting method rather than the at - large voting method. Section 3. There is a general municipal election scheduled for November 6, 2018. Section 4. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City Council of the City of Santa Ana desires, on its own motion, to submit to the voters of the City a question relating to whether City of Santa Ana Charter section 400 shall be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward, instead of City Councilmember elections by registered voters of the entire City, Section 5. Under the provisions of the Charter of the City of Santa Ana and the California Elections Code, at the General Municipal Election to be held on November 6, 2018, the following proposed amendments to the City Charter shall be submitted to the voters: Resolution No. 2018-XXX A Page 1 of 3 55A-9 Measure _ .... YES Shall City of Santa Ana Charter section 400 be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward, instead of City Councilmember elections NO by registered voters of the entire City? Section 3. The text of the Charter amendment to Charter section 400 to be submitted to the voters is attached as Exhibit A and incorporated by reference. Section 4. The vote requirement for the measure to pass is a majority (50% + 1) of the votes cast. Section 5. The City Clerk is hereby directed to transmit a copy of the measure set forth in Section 2 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the Elections Code. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In addition, the Clerk of the Council is directed to fix a deadline for submission of arguments and rebuttals for or against the measure pursuant to Sections 9223 and 9285 of the Elections Code, the provisions of which are hereby adopted by the City Council. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of June, 2018. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ate- Rt� Laura A. Rossini Senior Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2018-XXX 55A-10 Page 2 of 3 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June _, 2018. Date: Maria D. Huizar, Clerk of the Council Resolution No. 2018-XXX Page 3 of 3 55A-11 Exhibit A -City of Santa Ana Charter Section 400 (Deleted language is stricken and new language is in red) Sec. 400. - Number, selection and terms of members. The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. on the second Tuesday of December following certification of election results, and each shall serve except as otherwise provided for in this charter, until his or her successor is elected and qualified. Each office of councilmember shall be a separate office and one (1) of such offices shall be assigned to each of the wards of the City. Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large. Sandidates 55394B=2\30632997.1 55A-12 EXHIBIT 3 RESOLUTION NO.2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN THE 2018 GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THEIR STATEMENT IN VOTER PAMPHLETS AND/OR ELECTRONIC COPY 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. Section 13307(d) of the Elections Code of the State of California authorizes the governing body of any local agency to require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet or electronically distributed. B. Prior to the period in which candidate statements may be filed, the Orange County Registrar of Voters Office estimates the total cost of translating, posting electronic copy on the Registrar of Voters website, printing, handling, and/or mailing the candidates' statements and determines the approximate cost of the pro rate share of each candidate filing a statement based upon such estimate, as follow: Print in voter's pamphlet and electronic copy of Candidate Statement in Registrar of Voter's Office website in English, Spanish, Vietnamese, Korean and Chinese: 200 Words $1,546.00 400 Words $2,775.00 Electronic copy of Candidate Statement in Registrar of Voter's Office website in English, Spanish, Vietnamese, Korean and Chinese: • 200 Words $494.55 • 400 Words $672.55 The payment in advance by each such candidate of his or her prorated share shall be a condition of having his or her statement included in the voter's pamphlet, and/or electronic posting. Resolution No. 2018-XXX Page 1 of 3 55A-13 Section 2. The City Council hereby approves the process whereby: A. Prior to the period in which candidates' statements may be filed, the Clerk of the Council shall prepare a written notice distributed to all candidates at the time of issuance of the nomination papers, informing them that payment of the pro rata share amount must be made at the same time as the candidate's nomination papers as prescribed by the California Elections Code. B. The Clerk of the Council's receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk of the Council shall not be bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk of the Council may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk of the Council shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 3. The Clerk of the Council shall provide each candidate or the candidate's representative a copy of this Resolution at the time when nominating petitions are issued by the Clerk. Section 4. , This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 5th day of June, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: k-`4A ni, Laura Rossini, Senior Assistant City Attorney Resolution No. 2018-XXX Page 2 of 3 Miguel A. Pulido Mayor 55A-14 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June _, 2018. Date: Maria D. Huizar, Clerk of the Council Resolutlon No. 2018-XXX Page 3 of 3 55A-15 55A-16 EXHIBIT 4 RESOLUTION NO.2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR PROPOSED AMENDMENT TO THE SANTA ANA CHARTER REGARDING WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY REGISTERED VOTERS OF THE ENTIRE CITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general municipal election of the City of Santa Ana will be held on November 6, 2018, at which there will be submitted to the qualified electors of the City a Charter Amendment measure related to whether the City of Santa Ana Charter section 400 shall be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward instead of City Councilmember election by registered voters of the entire City. B. That pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. Section 2: The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the Clerk of the Council to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code section 9287, to file a written argument for or against the City measures set forth above, and to change said argument until and including the date fixed by the Clerk of the Council after which no arguments for or against said City measure may be submitted. Resolution 2018-XXX Page 1 of 2 55A-17 Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of June, 2018. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAI N: NOT PRESENT: Councilmembers: Councilmembers: Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June_, 2018. Date: Maria D. Huizar, Clerk of the Council Resolufion 2018-XXX 55A-1 8 Page 2 of 2 REQUEST COUNCIL FOR ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVAL OF APPEAL NO.2017-05 OF SITE PLAN REVIEW NO.2016-03 AND VARIANCE NOS. 2017-05 AND 2017-06 TO ALLOW THE CONSTRUCTION OF A SEVEN -STORY 260-UNIT MIXED -USE BUILDING "THE MADISON" AT 200 NORTH CABRILLO PARK DRIVE — CABRILLO COMMUNITY PARTNERS, LLC, APPLICANT (STRATEGIC PLAN NO. 3,2) ClMANAGER RECOMMENDED ACTION J»3iIggy ❑ As Recommended ❑ As Amended ❑ Ordinance on 1B1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve Appeal No. 2017-05 and adopt a resolution approving Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06. DISCUSSION At the April 17, 2018, City Council meeting, the City Council approved the following entitlements per the applicant's request: - Site Plan Review No. 2016-03: To allow the construction of a seven -story mixed -use development with up to 260 units. - Variance No. 2017-06: To allow a reduction in parking from 2.0 spaces per unit to 1.8 spaces per unit. - Variance No. 2017-06: To allow an increased side yard setback of a minimum of 30 feet in lieu of a maximum of 10 feet. The staff report included a recommendation and resolution to approve the project and setback variance but deny the parking variance. The City Council alternatively approved all the entitlements per the applicant's request. Therefore, the resolution (Exhibit 1) has been revised to reflect the Council's action to approve all the entitlements. 55B-1 Appeal No. 2017-05 of Site Plan Review No. 2016-03, Variance Nos. 2017-05 and 2017-06 — The Madison project at 200 North Cabrillo Park Drive June 5, 2018 Page 2 ECONOMIC BENEFIT The project will provide economic benefits to the City in the form of increased economic activity, value added, job creation, and employee compensation. According to an economic impact study provided by the applicant, the construction phase of the development will directly generate approximately $66.7 million in total economic activity in the City, resulting in approximately $45.5 million in value added. It will also add approximately 359 directly related jobs onsite and 225 jobs through indirect and induced economic activity. Additionally, annually -recurring revenue to the City would result from property taxes and sales taxes. The study identifies that the development is anticipated to generate close to $268,000 in annually -recurring property tax revenue and $72,000 in annually -recurring sales tax revenue. The sales tax revenue will be from new resident local spending both onsite and at establishments throughout the City. STRATEGIC PLAN ALIGNMENT Approval of this item 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). FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning & Building Agency JA: rb S:RFCA\2018\06-05-18\PBA SPR2016-03 VA 2017-05-06 Madison Appeal Exhibit: 1. Council Resolution for Approval of Site Plan Review No. 2016-03 and Variances No. 2017-05 and 2017-06 55B-2 LS 6.5.18 RESOLUTION NO.2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2017-05 AND REVERSING THE PLANNING COMMISSION'S DENIAL OF SITE PLAN REVIEW NO. 2016-03, VARIANCE NO. 2017-05 FOR A REDUCTION IN PARKING, AND VARIANCE 2017-06 FOR THE INCREASED SIDE YARD SETBACK, AS CONDITIONED, FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT 200 NORTH CABRILLO PARK DRIVE 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. Robert Bisno with Cabrillo Community Partners, LLC (hereinafter referred to as "Applicant") is requesting approval of Site Plan Review No. 2016-03, and Variance No. 2017-05 and Variance No. 2017-06, to allow the construction of a seven -story mixed -use development with up to 260 units at 200 North Cabrillo Park Drive. B. On December 11, 2017, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and adopted a resolution denying Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06. C. The Planning Commission's decision to deny Site Plan Review No. 2016- 03 and Variance Nos. 2017-05 and 2017-06 was appealed to the City Council by the Applicant on December 20, 2017, contending that the project is appropriate at this location (Appeal No. 2017-05). Santa Ana Municipal Code (SAMC) section 41-645 allows any interested party, individual or group to file an appeal. D. Appeal No. 2017-05 came before the City Council of the City of Santa Ana for a duly noticed public hearing on April 3, 2018, to consider all testimony, written and oral. The project was continued to April 17, 2018, to provide adjacent property owners additional time to address circulation concerns. E. The City Council of the City of Santa Ana has considered the information, disagrees with the Planning Commission decision, and determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5 and Metro East Mixed - Use Overlay Zone (MEMU) Sections 8.1 and 8.2 have been established Resolution No. 2018-xx Page 1 of 10 55B-3 for Site Plan Review No. 2016-03 to allow construction of the proposed project. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The proposed development project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone. The proposed project will contain up to 260 residential units (including four live/work units) and approximately 6,600 sq. ft. of commercial uses. The project design incorporates an active streetscape that integrates the private development with the public realm. The project meets several General Plan goals and policies, including Land Use Element Goal 1 (promote a balance of land uses to address basic community needs), Goal 2 (promote land uses which enhance the City's economic and fiscal viability), and Housing Element Policy HE-2.3 (encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to very low, low, and moderate income residents and moderate income Santa Ana workers) and Policy HE-2.5 (require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green") building and design practices). That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. The project complies with the majority of development standards enumerated in the MEMU regulating plan, with the exception of required parking and side yard setback, which are analyzed through the variances. 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The proposed development consists of a seven -level project surrounded by several existing mid and high-rise buildings and has been designed to complement these developments. It supports the vision of the MEMU plan with the construction Resolution No. 2018-xx Page 2 of 10 55B-4 of a high -density mixed -use development in close proximity to similar residential uses and supportive commercial uses. The project incorporates a variety of architectural materials, massing and ground floor uses that are compatible with the MEMU plan. It encourages a reduction in parking to reduce construction cost and emissions and to foster alternative modes of transportation such as bicycling, walking, and transit. 4. That the land use, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. No significant negative impacts from noise, air quality, aesthetics, or traffic are expected except for temporary impacts arising during construction of the project. The site's design is intended to activate its frontage on Cabrillo Park Drive with the provision of publicly accessible open space, small-scale commercial uses, and a variety of seating and recreational amenities. F. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to grant Variance Nos. 2017- 05 and 2017-06 for reduction in parking and increased side yard setback, respectively, have been established as required bySAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The proposed project is located in an area surrounded by office buildings, parking structures, and a freeway, which restrict the site from compliance with the side yard setback to the south property line and parking requirements. The site is surrounded by high-rise offices and parking structures that have ample parking with divergent peak hour demands from the residential component of the proposed project. Adjacent commercial sites are built out to minimum setbacks and abut a freeway, which limits the amount of developable area for habitable space, parking, and open space for future residents and visitors. Additionally, the site necessitates adequate emergency access to the rear of the property to Resolution No. 2018-xx Page 3 of 10 55B-5 serve the proposed development. In order to properly address life safety issues, the building massing which takes into account the parking garage and setbacks must be reduced to accommodate a larger setback for a fire lane and adequate ladder angles. 2. That the granting of the variances is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of the parking and setback variances will preserve the property owners ability to develop a vacant lot with uses consistent with the MEMU overlay plan and to provide adequate emergency access to serve the project. The development will revitalize the currently undeveloped parcel and activate the area with additional housing and commercial uses to support the active -urban subzone of the MEMU overlay plan. Future housing and active retail uses will benefit the neighborhood and promote the ability to live, work, shop, and play all within a short walk of each other. 3. That the granting of the variances will not be detrimental to the public welfare or injurious to surrounding property. The granting of the parking and setback variances will not be detrimental to the public or surrounding properties. As demonstrated in the parking analysis for the project, the site will have sufficient parking to accommodate the peak demand for the future residential and commercial uses. The parking study also demonstrates that residential uses have divergent peak demand hours than surrounding commercial and office uses, therefore no significant impacts to traffic or parking are anticipated. Furthermore, the 30-foot setback in lieu of a maximum 10-foot setback is necessary to accommodate emergency access and will serve a dual design purpose as open space for the residents. The variances will allow for the development of an undeveloped vacant site consistent with the MEMU overlay plan. 4. That the granting of the variances will not adversely affect the General Plan of the city. The project will not adversely affect the General Plan, but rather support its goals. The proposed project is consistent with Land Use Element Goal 1 (promote a balance of land uses to address basic community needs) and Goal 2 (promote land uses which enhance the City's economic and Resolution No. 2018-xx Page 4 of 10 55B-6 fiscal viability) by providing a high -intensity mixed -use residential and commercial development consistent with the vision of the area and surrounding land use designations. The variances allow for the development of the project in a mid to high-rise built environment and will provide housing in close proximity to support nearby commercial uses. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15332 (Class 32 "In -Fill Development Projects"). The Class 32 exemption applies to projects characterized as infill development meeting the following conditions: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation; 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3. The project site has no value as habitat for endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. The project is consistent with the City's General Plan and the MEMU regulating plan. The project meets several General Plan goals and policies, including Land Use Element Goal 1 (promote a balance of land uses to address basic community needs) and Goal 2 (promote land uses which enhance the City's economic and fiscal viability), and Housing Element Policy HE-2.3 (encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to very low, low, and moderate income residents and workforce in the City) and Policy HE-2.5 (require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green') building and design practices). The project site and type of development proposed are already addressed in the previously approved environmental impact report (EIR) for the MEMU overlay district (EIR No. 2006-01). However, a Class 32 exemption is required for the project because the original EIR did not require a greenhouse gas study. The Applicant submitted a greenhouse gas study to indicate that the project will not negatively impact greenhouse gas reduction goals. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community adjacent to a freeway. The HRA recommends that the project incorporate certain window design features on freeway -facing elevations for all units adjacent to the 1-5 freeway, and that the project install air filtration systems throughout. 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 Resolution No. 2018-xx Page 5 of 10 55B-7 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, after conducting the public hearing, hereby approves Appeal No. 2017-05, and approves Site Plan Review No. 2016- 03, Variance No. 2017-05, and Variance No. 2017-06, as conditioned in Exhibit A attached hereto and incorporated 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 public testimony at such hearing, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of 2018 by the following vote: Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: L-0,14� Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018-xx Page 6 of 10 55B-8 EXHIBIT A Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review and variances. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review and variances. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2016-38. 2. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. The project shall comply with all mitigation measures as required by the Metro East Mixed -Use Overlay Zone. 4. A residential property manager shall be on -site at all times that the project is occupied. All new utilities and mechanical equipment such as backflow devices, Edison transformers, and double check detector assembly devices shall not be located within front yard setbacks and must be screened from view from public and courtyard areas. 6. All parking for the project, including visitor parking spaces, shall be made available free of charge. 7. The interior of the parking structure shall be painted white. Resolution No. 2018-xx Page 7 of 10 55B-9 8. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval of the Planning Division. 9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. A Resident Storage Plan shall be provided for the project prior to occupancy. Storage shall be available at no cost to the residents. 11. Smart wiring, including cable television and high-speed cable for computers, shall be provided for each unit and within the project's common areas. 12. Prior to issuance of a grading permit, the following shall be completed: a) Submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. b) Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and be approved by the Planning Division. 13. Prior to occupancy of any units, the following shall be completed: a) A Rental Housing Operational Plan must be submitted to the Planning Division for review and approval. At a minimum, the plan shall identify the location of employee and visitor parking, the location of the rental office, hours of operation for the rental office, and signage affiliated with the Rental Housing Operational Plan. In addition, the rental plan must clearly note that the parking and project amenities must be provided free of charge to the residents. b) A Parking Management Plan shall be submitted to the Planning Division for review and approval. The plan shall include parking spaces with accompanying exhibits and provisions for the distribution and management of parking for residents, employees and guests. 14.As a result of the health risk assessment (HRA) and to reduce any adverse health effects associated with diesel -truck emissions associated with the project's proximity to the 1-5 Freeway, Applicant must install non -operable windows on all windows facing the 1-5 Freeway and install air filtration systems with filters meeting or exceeding the American Society of Heating, Refrigeration, Resolution No. 2018-xx Page 8 of 10 55B-10 and Air Conditioning Engineers (ASHRAE) 52.5 Minimum Efficiency Reporting Value (MERV) of 14. 15. A Public Art Plan shall be submitted to the Planning Division for staff review and approval prior to the issuance of building permits. The public art shall be installed prior to issuance of a certificate of occupancy. B. Police Department 1. The Applicant will be required to submit a security plan for the proposed project to the Police Department. The plan will be required to outline hours of operation for the parking structure (secured/open), a duress alarm system for the parking structure and an access control system for the perimeter of the building. 2. Parking structure and buildings: Each door within the structure and building leading into a stairwell, lobby, or storage area must be outfitted with a 100 square inch fire rated window. Convex mirrors minimum of 12 inch in diameter must be provided at each stairwell landing, in the storage rooms and at each corner along a walkway. The last flight of each stair must be fully enclosed at its base. 3. Elevators are to be equipped with minimum 12-inch shatterproof convex mirrors or are to have mirrored backing. 4. Parking structure first floor exits must be designed to allow emergency egress with no exterior hardware. 5. Building/unit addressing shall comply with emergency service standards of the City of Santa Ana. 6. Lobby doors must be equipped with a Police Department approved access control system. 7. Provide a minimum 100 square inch window in the trash room and storage room doors. 8. Parking Structure elevators must be equipped with an approved access control system. C. Oran-ge County Fire Authority 1. Prior to OCFA clearance of issuance of a building permit, the Applicant or responsible party shall submit plans and obtain approval of the following: a) Fire master plan (service code PR145) b) Architectural (service codes PR200-PR285) Resolution No. 2018-xx Page 9 of 10 55B-11 c) Architectural (service codes (PR212-PR220, abbreviated review) d) Tanks storing hazardous materials (service codes PR300-PR305) e) Hazardous materials compliance and chemical classification (service codes PR315-PR328) f) Battery (service code PR375), for any system containing an aggregate quantity of electrolyte in excess of 50 gallons g) Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) h) Fire sprinkler system (service code PR400-PR465) 2. Prior to concealing interior construction, the Applicant shall obtain approval of a fire alarm system (service code PR500-PR520). 3. Before commencement of construction, the Applicant or responsible party shall attend a pre -construction meeting with an OCFA inspector. Call OCFA Inspection Scheduling at 714-573-6150 at least five days in advance to schedule and pay for the pre -construction meeting. 4. After installation of required fire access roadways and hydrants, the Applicant shall receive clearance from the OCFA prior to bringing combustible building materials on -site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. 5. The Applicant or responsible party shall provide the OCFA inspector evidence of compliance with emergency responder digital radio system performance criteria prior to occupancy. Refer to OCFA Guideline E-03 or the local jurisdiction's emergency responder radio ordinance, as applicable, for requirements. Resolution No. 2018-xx Page 10 of 10 55B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 1, 2018 TITLE: RECEIVE AND FILE THE REAL PROPERTY DISPOSITION POLICY {STRATEGIC PLAN NO. 3, SA} J RECOMMENDED ACTION Receive and file the Real Property Disposition Policy. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED Q As Recommended L As Amended ❑ Ordinance on 1e Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO % - S -201g FILE NUMBER Acquired for its municipal operations and various improvement projects, the City is an owner of substantial real property assets and interests. Over time, the need for these assets and interests can change, thereby creating an opportunity for their use for other purposes. By allowing remnant, unneeded, or marginally used City -owned real property assets to be employed for other purposes, the City and its residents can benefit from private improvements which provide property tax revenue and economic development opportunities, support non -City public uses such as schools, or support uses that provide substantial community benefits or opportunities for neighborhood beautification improvements. The purpose of this policy is to establish procedures whereby remnant, unneeded, or marginally used City -owned real property assets and interests are identified and recommended for disposition through sale, lease, easement, license, or agreement for use to public, private, and non-profit organizations, individuals, or other entities for economic development, public use, community use, community benefit uses, community beautification, or assemblage with adjacent real property. The intent of this policy is to provide an orderly, transparent, open, and fair process for public, private and non-profit organizations, individuals, and other entities to acquire remnant, unneeded, or marginally used real property assets and interests from the City while assuring that the City receives the best overall value for the real property interests conveyed. 60A-1 Real Property Disposition Policy May 1, 2018 Page 2 The Policy is comprised of seven (7) sections: • Background: This section includes a guiding policy to optimize sale price or lease rental; and allows for consideration of the value of special benefits. • Designation of Custodian of List of Real Properties Available for Disposition: This section designates the Clerk of the Council to function as the official custodian of the City's real property list that will be available for disposition and subject to this policy. This list will be made available to the public. • Process to Determine Real Property Interests Potentially Available for Disposition: This section establishes a Real Property Disposition Committee (RPDC), comprised of City staff, that will guide the process to review and recommend available City property for inclusion on the disposition list. The properties identified for disposition will need to satisfy several criteria as outlined in pages 2-3 of the Policy. • Classification of Real Property Interests for Disposition: During the process, the RPDC will include its recommendation to City Council a classification of the property into one or more categories (economic development potential; housing developing potential; public use potential for parks, recreation and open space; community use/benefit potential; neighborhood beautification potential; or adjacent owner assemblage). These classifications will inform preparation of disposition solicitations. • Provisions Related to Disposition to Non -Profit and Community Organizations and Entities: This section provides a process for non-profit and community organizations to formally affirm their interest in acquiring or leasing city property for community use, benefit or beautification projects. The purpose of this provision is to assist the City in determining the organizational capacity of these organizations to carry out their desired use of the property. • Requirements/Procedures for Sale of Real Property Assets and Interests: This section provides the disposition procedures and details on any special requirements before disposition such as the use of brokers, appraisal of the property and soliciting community input before the sale of the property. • Leasing of City Real Property: This section provides a process for the leasing of City owned property. The above sections outline the City's process for disposition of city -owned property and establishes the criteria for how the community can be involved in the process. On March 22, 2016, CDA staff met with the Equity for All Coalition, a group of non-profit community organizations, to review and solicit input on the draft disposition policy. On April 18, 2018, CDA staff met again to review the draft disposition policy with Equity for All Coalition and local residents. Upon receiving this input, several modifications were made to the Policy. This administrative policy will be reviewed by staff on an annual basis. 60A-2 Real Property Disposition Policy May 1, 2018 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City 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). I�'iaT>lli�l7_T There is no fiscal impact associated with this action. zr Juds nBrown Acting Executive Director Community Development Agency Exhibit: Draft Real Property Disposition Policy 60A-3 60A-4 a City of Santa Ana f Administrative Policies and Procedures Executive Director, Community Development Agency Authorization Subject Date Number April ZM REAL PROPERTY DISPOSITION POLICY Purpose The purpose of this policy is to establish procedures City -owned real property assets and interests are i8E sale, lease, easement, license, or agreement for..usi individuals, or other entities for economic develo benefit uses, community beautification,.or assembla vhereby rem nantfNunneeded, or marginally used itified and recommended for disposition through to public, private, and\non-profit organizations, ment, public use, community use, community e with adj/ ent real property'. Intent �. The intent of this policy is to provide an orderly,`tra'spa,ent, ope , and fair process for public, private and non-profit organizations; individuals, land other, entities to acquire remnant, unneeded, or marginally used real property assets -and interests from the City while assuring that the City receives the best overall value for the real property interests conveyed.` - 1. BACKGROUND -- Acquired for -it municipal operations -and various improvement projects, the City is an owner of substantial real property assets and interests." Over time the need for certain of these assets and interests can'change, thereby\creating an opportunity for their use for other purposes. By allowing remnant, unneeded, or marginally used City, -owned real property assets to be employed for other purposes, the City and its residents can beriefit from private improvements which provide property tax revenue and economic,development opportunities, support non -City public uses such as schools, or support uses that provide substantial community benefits or opportunities for neighborhood beautification improvements., It is important to note that this Real Property Disposition Policy covers real property assets and interests of the City of Santa Ana and the Successor Agency to the Santa Ana Community Redevelopment Agency, but does not cover the real property assets and interests of the City of Santa Ana Successor Housing Agency, nor those of the City of Santa Ana held for affordable housing development purposes ("Housing Properties"). Disposition of Housing Properties is instead covered by the Affordable Housing Funds Policies and Procedures, published by the Housing Division of the Community Development Agency of the City, approved by the Santa Ana City Council on March 20, 2018. The City's basic guiding policy is to optimize the sale price or lease rental income from disposition of City -owned real estate assets and interests. Optimized sales price or lease/rental income shall be based EXHIBIT 1 60A-5 upon a current appraisal with a date of valuation not more than one (1) year prior to the date of City Council approval of any agreement to dispose of the real property. Subject to any limitations which may derive from the source of funds used to acquire a property, the following factors potentially influence a disposition decision and will be considered bythe City in addition to the basic guiding policy: 1.) the effect of prevailing economic conditions and market trends on the appraisal conclusion of value, and: 2.) the estimated value of any special benefits that may accrue from a sale, lease, or other agreement for use. 2. DESIGNATION OF CUSTODIAN OF LIST OF REAL PROPERTIE_S'AVAILABLE FOR DISPOSITION Following adoption of this policy, the Clerk of the Council will function as the official custodian of the list of City real properties available for disposition and subject•to this policy and make the list available to the public. As properties are disposed of, or added, o:the City's real property portfolio, the Clerk will be provided timely updates by the City Agency disposing of the peal%property, or adding property to the portfolio. j 3. PROCESS TO DETERMINE REAL PROPERTY INTERESTS POTENTIALLY AVAILABLE FOR DISPOSITION Several City Agencies possess expertise related to valuation and disposition of real property. This Disposition Policy establishes a Real Property, Disposition Committee (RPDC) chaired by the City Manager (or his or her designee), comprised of representatives of the Community Development Agency, Parks, Recreation.and Community Services Agency; Planning and Building Agency, and Public Works Agency. The function of the RPDC is to review and-mcommend City -owned real property assets and interests for inclusion on the list of properties available for disposition held by the Clerk of the Council. Recommendations from the RDPC will be submitted to the City Council for approval. Meetings and deliberations -of -the RPDC will be n_o_ticed and 'conducted publicly. The agenda of the RPDC will allow for public comment. t� Real properties may be madea vailable `f r, disposition subject to the below described review criteria. As part of its charge, the RPDC will review the City's real property inventory to determine which properties are remnant, surplus, �unneeded,'or marginally used and therefore potentially available for disposition. A City owned property may Lie recommended for disposition by the RPDC if: • Disposition is required by the terms of the funding used to acquire the property. • The property is not currently used by a City department or does not support a municipal function. • The property is vacant and has no foreseeable use by the City. • The property is a non -performing or under -performing asset and greater value may be generated by its sale or lease. • Significant economic development opportunities may be generated by selling or leasing the property. • Disposition facilitates acquisition of real property required for a City project, or acquisition of other real property required for a City project. 2 • 1 M • In the opinion of the Executive Director of Parks, Recreation, and Community Services, the property does not provide significant park, recreation, or open space use opportunities, or if it does, no means of financing the development of the real property for park, recreation, or open space use is reasonably foreseeable. • Disposition has potential to support development of affordable housing, parks and open space, community benefit uses, or neighborhood beautification. Nothing in the foregoing shall preclude the ability of the City to dispose of or exchange real property acquired in connection with a specific project if the disposal or exchange facilitates acquisition of another real property or real property interest needed for the same, or a closely related project. Factors to be considered by the RPDC in determining whether a p\ perty should be recommended for disposition include: r ` • Will the City be relieved of potential liabilities and/or`'c st of maintaining a property that does not generate income or provide public benefit? • Will new property tax be generated by the sale? • Will disposition stimulate the local economy by providing opportunities for private sector investment? f� • Does the property have greater public benefit poten"tial if retained than'if sold or leased? • Will sale of the property generate greater economic value than a ground lease, if a ground lease is a feasible option? 4. CLASSIFICATION OF REAL PROPERTY INTERESTS FOR DISPOSITION In addition to reviewing and recommending City' =owned real property for disposition, the RPDC will also include in its recommendation to the City Counciil a classification of the property into one or more of the following categories (A thru F): A.) significant economic develop meht,potential `an,example of -significant economic development potential would be a disposition that results in a development providing new employment, municipal income or tax revenue(s). B.)' significant housing development potential an example of significant housing development potential would be a disposition that results iri a development which Helps the city meet its Regional Housing Needs Assessment (RHNA) targets. C.) significant public use potential, including for parks, recreation, or open space an example of.significant public use potential would be a disposition that results in development of usable, publicly accessible parks or open space. D.) significant community use/benefit potential an example of significant community use/benefit potential would be a disposition that results in development of a community garden, farmer's market, or other community uses benefitting residents. E.) significant neighborhood beautification potential an example of significant neighborhood beautification potential would be a disposition that allows a property to be landscaped, resulting in visual enhancement of the location and neighborhood. F.) assemblage potential with adjacent owner 3 60A-7 an example of assemblage potential with an adjacent owner would be a disposition that conveys an otherwise unusable remnant property for use by an adjacent owner and back on the property tax roll. 5. PROVISIONS RELATED TO DISPOSITIONS TO NON-PROFIT AND COMMUNITY ORGANIZATIONS AND ENTITIES The City values and supports the many community -based non-profit organizations, entities and neighborhood groups that work to make Santa Ana a better place. These groups represent potential City partners for community use, benefit, and beautification projects requiring real property. The purpose of the provisions described in this section is to identify hose organizations, entities, and groups that may be interested in acquiring or otherwise obtaining use of City real property for community use, benefit, and beautification projects. f The City will create and maintain a list of interested organizations through a Solicitation of Interest (501) process. The purpose of the SO1 application process•is to determine the organizational capacity of applying community -based non-profit organizations eentities, and groups to own, lease, maintain, manage and operate real property for the desired program, project, or.use. The list will be used to notify organizations, entities, and neighborhood gr` ps of the availabili y,o`f City real property approved for disposition that has been designated as having significant communitybenefit/community use potential. The City recognizes that the number of community organizationschangesover time so the SOI solicitation will be conducted as an "open recruitment' so that the list of organizations and entities may be continuously refreshed overtime An application -form will be developed. Information requested may include, but is not limited to the following; • Property soughtJornwhat purpose, and whether,for p ru chase or lease t ✓ • Name of organization • Type of organization 1 `. • Age of.organization • Organ izational#inancial capacity • Experience with controlling and managing real property • Description of how the o�ganization,will handle property management • Description 'of how property will be operated and maintained (Operations and Maintenance Plan) 6. REQUIREMENTS/PROCEDURES•FOR SALE OF REAL PROPERTY ASSETS AND INTERESTS • Conformance with Provisions of the Municipal Code: Sections 2-706, 2-706.1, 2-706.2, 2-707, 2-708, 2-709, and 2-710 of the Santa Ana, CA Code of Ordinances govern sale of real property by the City (copy attached). Notably, Section 2-706 provides for sale to the highest bidder unless another method of sale is authorized by the City Council by not less than a 2/3 vote (See Sec. 2-709). Provisions contained in this Real Estate Disposition Policy provide additional guidance in the disposition of real property assets, but in the case of conflict, the Municipal code and its provisions govern. 4 • l m • • Conformance with Provisions of Government Code Sections 54220 thru 54233: California Government Code Sections 54220 thru 54233 requires that a local agency proposing to dispose of surplus property must first notify all governmental agencies operating within the City as to the availability of the property. The agencies are given 60 days to respond with an intent to acquire, if not, the property may be deemed cleared for public sale. (note: Government Code Sections 54220 thru 54233 requirements do not apply to disposition of real property that has not been used by the City and acquired or held for purposes of exchange or sale as a remnant in connection with implementation of a City project). Community Comment Required Prior to Issuai Council approving properties for inclusion `on disposition, or authorizing issuance of solicitafi ' Solicitation: Prior to the City list of properties available for Proposal, listing for sale or lease, etc.),11h6-6ty sliall co, meeting pursuant to Section 2-153,-subsections (b) thru Code (relevant portions of Ordinance.IdS-2838 "Sunshine neighborhood comment on the proposed disposition property in question. disposition (e.g. Requests for iduct a noticed neighborhood ,g),of the Santa Ana Municipal lin order to obtain use(s) of the real • Special Requirements Related"to Disposition of Park Land: Real property designated as park land often have special restrictions related\to the source of funds used for the original acquisition or site develop ment:,,Such restrictions can arise from covenants restricting use to park purposes and the source of,funds used to acquire the real property:` / C • Appraisal and Authorization of sale by,City Council: Upon approval by the City Council that -a property may be.sold the City Manager is authorized to sell the property for a price -equal to or greater than'a minimum price established by a current (less than one �(1) year old) ppraisal. • `Method of Sale: Properties may be sold by any method allowed by the Municipal Code and this Policy. This Includes direct negotiation, request for proposal, listing with a broker,, sealed bid, auction or other appropriate method as recommended by the City Managerarid approved by the City Council. As appropriate, disposition agreements shall include reasonable "clawback" provisions that provide the City the ability to regain ownership of a property as one remedy for non-performance by purchaser or lessee under a disposition agreement or lease. Marketing: Properties offered for sale shall receive the widest possible exposure to the market. This may be accomplished through direct marketing techniques, such as requests for proposals (RFPs), advertising, exposure through the real estate media, posting the property on the multiple listing service or any other appropriate method. Use of Proceeds: For transactions where the City retains disposition proceeds, the City Manager may recommend use of proceeds; however, the City Council retains approval 60A-9 discretion on use. Application of disposition proceeds toward "one time' expenditures, such as deferred maintenance in parks and community centers, and other possible one time uses, should be prioritized. • Use of Real Estate Brokers: Real estate brokers may be used to represent the City in the sale of its properties. Brokers will be selected for individual assignments through Requests for Proposals (RFP) or Requests for Qualifications (RFQ) and a subsequent bid or other methods that result in the City receiving the services of a qualified broker at the best value to the City. If the property is listed with a broker, the City reserves the right to exclude from the listing agreement potential buyers whose interest in purchasing a property has been made a part of the record prior to the execution of the listing agreement. All brokerage arrangements shall conform to Section 2-707 of the Municipal Code. " • Easements: The City will receive current -fair market valt e,for the removal of restrictive easements or access rights previously paid for by the City or of he r governmental agency or reserved in a sale of City property.'., _ \ • Negotiated Sales: Negotiat and this Disposition Policy, a o When a parcel is Ian o When the sale to al o When a fee interest maybe so`Id to a con width or other requ sales are'p emitted as provided irn the Municipal Code may be approyed;under one of the following conditions: o Whenbthergbvernmental, r - � otter a noticed pub 7. LEASING OF CITY REAL PROPERTTY There may be Opportunities forthe'City to' I to the City. City'p operty shall be c Insidi apply: \\ us owner would'correct a site deficiency. aline or other right bf-way is no longer required, it owner'. A'restrictive pipeline easement of adequate �ments will be reserved from said sale. )ublic and quasi -public agencies submit acquisition oriied by a two-thirds (2/3) vote of the City Council e oer- Municioal Code Section 2-709. rather than sell its real property that results in a benefit for leasing when one or more of the following criteria • The property is hot'required for current municipal use, but is to be held for possible future use and can be leased as an'interim measure. • The City requires substantial control over development, use and reuse of the property. • The property has the immediate potential of a high return to the City because of its high demand and type of use, such as commercial and industrial land. • The property can be efficiently utilized by a provider of services needed by the City. • The property can be leased to promote a substantial economic development opportunity. • The property can only be leased because of legal restraints. For example, property acquired with Land and Water Conservation funds or held as dedicated park land. Lessee Selection: Competitive offers for lease of City property shall be solicited in the open market. This may be accomplished through a number of marketing techniques, such as Request for Proposals N 60A-10 (RFPs), a marketing subscription system, direct advertising, use of a Multiple Listing Service (MLS), listing with a broker, posting the property and any other appropriate means. In certain limited situations, the City may exclusively consider a single proposal for lease of City property. Potential lessees wishing to exclusively negotiate with the City must submit for City staff review a business case with sufficient justification as to how it is capable of optimizing the use of the property and return to the City, thereby negating the need for a competitive process. This information will be included when the lease transaction is presented for City Council approval. Leasehold proposals shall be evaluated in terms of: • the amount of consideration offered in the form of rent. • the financial feasibility of the proposal. Z' • the capability, expertise and experience of the potential'lessee with respect to the proposed leasehold development and operation. < • if new development is proposed, a development plan that-�includes a description of the development team and its qualifications. .,, %f '`' *\ • the identity of each person or entity that'will'have an interest in the proposed lease. • special public benefits to be derived (if any)., \ Rate of Return: The City shall obtain fair market rents for'its leases commensurate with the highest and best use of the property. The fair Market rent shall be based on an appraisal that complies with the definition of Market Rent found in the'Unifbrm Standards\of Professional Appraisal Practice (USPAP) published by the Appraisal Foundation. The appraisal shall be, no more than six months old at the time the lease transaction is presented for City Council approval. If the cost of an appraisal is not justified by the anticipated rents, the City may choose,a'n alte nr ative method to establish rent. City leases shall contain terms and conditions which will sustain a fair rate of return throughoutthe duration of the lease. r Rental Terriis f Rental terms may be negotiated -on .the basis of fixed rates (flat rent leases) or percentages of the lessee's gross income derived from business conducted on the property, with a provision for a'mi imum rental (percentage leases). Flat Rate Leases: , • Market Rate Adjustments::Flat rate leases shall provide for upward adjustment of rent at least every ten (10) years,to current fair market rent. In no event shall the adjusted rent be lower than the rent in existence immediately preceding the adjustment. • Consumer Price Index Adjustments: Flat rate leases shall provide for upward adjustment of rent in the interval term between market rate adjustments by changes in the consumer price index. In no event shall the adjusted rent be lower than the rent in existence immediately preceding the adjustment. The index used for consumer price index adjustments will be the All Urban Consumers index for Los Angeles - Riverside - Orange County, California with a base year of 1982-84. If the U.S. Department of Labor indices are no longer published, another substitute index generally recognized as authoritative will be used. Flat rate leases may include pre- determined periodic increases to rent instead of consumer price index adjustments. These periodic increases would occur at least every five (5) years. 7 60A-11 Percentage Leases: • Minimum Rent: The minimum rent component for a new percentage lease shall be set at no less than eighty percent (80%) of the fair market rent as defined above. In certain cases, a portion of the minimum rent may be abated for new construction or redevelopment on the leasehold. The minimum rent shall be adjusted upward throughout the duration of the lease at intervals of not more than everyfive (5) years to reflect no less than eighty percent (80%) of the average annual rent actually paid or accrued during the three (3) years preceding the adjustment. In no event shall the adjusted minimum rent be less than the minimum rent in existence immediately preceding the adjustment. • Percentage Rates: Percentage leases shall provide for adjustment of percentages rates every ten (10) years to current fair market rates. For the purposes of determining fair market rent percentage rates, the City shall adopt and publish a schedule of benchmark percentage rates that will be updated to current market rates on a periodic basis by appraisal. The appraisal will be guided by prevailing market percentage rates for similar operations primarily within the Southern California area. `•. ` Rent Arbitration: Leases shall provide for bindingarbitration when the City and lessee cannot agree on the new rent for a rental period under review. The City and lessee shall each select a professional independent real estate appraiser who 'in -turn will select a third independent real-estate appraiser to determine the fair market rent. If the two elected appraisers'fail to mutually select a third appraiser, then the third appraiser shall be determined in accordance with�the rules of the American Arbitration Association. The City and lessee shall pay the,cost of its own selected appraiser and equally share the cost of the third appraiser.,''-,, Appraisal Assumptions':.,City leases shall include a definition of the fair market value to be used to set rent and identify the premise for that value. In establishing the fair market value of leased property, any appraisal shall consider tthe property as'a.fee simple absolute estate and as vacant and available for lease or sale-forthe authorised purposes of the lease at the commencement of the rental period under review. Rates established for purposes of.periodic percentage rental adjustments shall not consider any abatement as may be appropriate in a "new' development of vacant land. It shall also be assumed thaf'al�required regulatory appr vials to permit the use authorized in the lease have been obtained. \ Lease Term: • Short -Term Lease:'The"City'Manager shall have the authority, without advertising, notice, or competitive bidding, and'upon such terms as he or she may deem proper, to lease any City property for a term of up to three (3) years (short-term lease). The City Council will be notified of a short-term lease not later than fifteen (15) days following its execution. A short-term lease may not be renewed without approval of the City Council. The City Manager may also execute rental agreements covering month -to -month tenant occupancy of City -owned residential housing. • Long -Term Lease:_A lease in excess of three (3) years requires a resolution passed by a majority vote of all members of the City Council. The length of lease term shall be based on the level of capital improvements to be made by the lessee and the economic life expectancy of the development. These factors can be determined utilizing cost estimating and economic life A� 8 60A-12 expectancy resources such as tables provided by Marshall Valuation Service. The City may consider other relevant information in determining if a longer lease term is warranted, such as if the proposed leasehold development is expected to generate above average returns to the City or significantly improve the quality of the property. Lease Amendments: Amendments to long-term leases require City Council approval. The City's agreement to an amendment may be contingent upon updating sections of the lease to incorporate current City standard lease provisions and an adjustment to fair market rent. Subleases: A lessee may sublease all or part of the leased propertyto a qualified sub -lessee subject to approval by the City. No sublease shall be approved which would be detrimental to the City's rights under the master lease or for a use that is not consistent with uses allowed by the master lease. The City Manager may authorize subleases which meet these/coniiitions and which do not require amendment of the master lease. Unless special circumstances exist, leases shall provide for the City to receive a minimum of fifty percent (50%) of the incremental gross rental revenues due to the lessee from subleases. Leasehold Financing; The City will not subordinate its fee interest to encumbra es placed against any leasehold by a lessee. The City Manager may approve appropriate financial encumbrances of the leasehold interest, which provide that all,loan_proceeds are used for authorized improvement of the property until the leasehold is fully developed, in,accordance with the lease. City staff shall take appropriate steps to reviewthe proposed financing and insure that loan proceeds go into the leasehold. Maximum loan proceeds shall not be in excess of seventy-five percent (75%) loan -to -value, where "value" refers to the leasehold improvements; as,determined by,a lender's appraisal which has been reviewed and approved byrCity staff. The loan term shall not exceed the term of the lease. Loans or refinancing in the form of encumbrances against the lease for the purpose of reducing equity or financing the sale of leasehold interest will not be allowed until the property is fully developed for uses authoriied,in the,lease^ After the property is•developed, such financing may be permitted so long as there Js also substantial�beneht to be gained by the City. This may take the form of either a percentage share of the loan proceeds or -an upward adjustment to the rent, either of which shall be based on commercially reasonable comparables found in the market. Leasehold Improvements: Leasehold improvements installed by lessees shall be removed at the lease termination without cost'to the 'City, or will revert to the City, at the City's option. All leasehold improvements and alterations -require prior written approval of the City Manager. i Maintenance and Utilities Responsibility; City leases shall require the lessee to maintain all improvements on the property at its own expense and be responsible for the cost of all utilities. Leases for multi -tenanted space shall include specific requirements delineating appropriate responsibilities. Lease Audits: All percentage leases shall be subject to audit in the first year of operation to establish proper reporting procedures and at least once every three (3) years thereafter. More frequent audits may be made if appropriate. The City shall reserve the right to audit all other leases and agreements subject to this Policy. 60A-13 Leasehold Assignments: Requests for assignment of leasehold interest shall be evaluated on the same basis as the criteria used in evaluating a leasehold proposal. The City Manager may authorize assignments which do not require amendment of the master lease. Consent may be contingent on the payment of additional consideration to the City, either as a percentage share of the purchase price of the leasehold interest or an upward adjustment to the rent. Either of which shall be based on commercially reasonable comparables found in the market. If new financing is involved in the sale, the requirements of 'Leasehold Financing' shall apply. Lease Extensions & Renewals: Requests from existing lessees for lease extensions or renewals may be considered if such proposals promote capital investment and..redevelopment of City property. Whenever an existing lessee is seeking renewal of an expiring b'ng term lease, the City Manager will bring the issue before the applicable City Council Committee with an appropriate recommendation. In addition to the criteria used to assess new lease proposals; City staff.also will reviewthe lessee's history with respect to: maintenance of the property; compliance with,existing lease terms; prompt rent payments; and a rental return consistent with maximizing the property's' full potential. The lessee must propose capital investment that: will increase the value or the useful life of the leasehold improvements by an amount more than can be reasonably amortized over the.remaining lease term; is not recurring in nature; and is at least ten percerh,(10%)' )more of the value of the existing improvements. It specifically shouldyexclude expenditures to correct deferred aintenance and expenditures for repairs to keep the,existing,improverrents in good condition. The length of any extended lease term shall be calculated'byathe. ame_ method used for calculating the length of new leases. City's Interest in Leasehold Improvements: City lease agreements provide the City the right to assume ownership of the leasehold improvements at the end of the lease The value of the City's interest in the leasehold improvements can be appraised using widely accepted appraisal methods. In the event the City grants a -lessee a lease extension the City shall be compensated by an amount equal to the change in present value attributable to the deferral of its)interest in the leasehold improvements. This amount either can be paid,as'an upfront payment�at the beginning of the extended term or amortized over time with appropriate' interest applied. The City shall offset from the value of its interest in the leasehold improvements any increased economic benefit derived from an extended lease. The City shall not receive any compensation for its interest in the leasehold improvements on leases extended prior to the last twenty percent (20%) of the existing term. Security Deposits: The standard security deposit for a new lease agreement shall be equivalent to three (3) month's rent. The security deposit may take the form of cash, an instrument of credit or a faithful performance bond. For a lessee making a substantial investment in improvements, the security deposit will be refunded upon completion of the improvements. Transaction Processing Fees: The City may charge a transaction processing fee in accordance with the schedule of adopted fees. The fee may be waived for transactions that provide benefit to the City. Nothing in this section shall preclude the City from negotiating terms or conditions that may vary from these requirements should that be necessary or required under the particular circumstances of the proposed lease transaction. 10 60A-14 Attachment A— Municipal Code on Sale of Real Property Sec. 2-706. -Sale of real property —Procedure. After authorization by the council of the sale of a parcel of real property, a sale shall be scheduled and conducted by the director of public works or by his designated deputy. All sales shall be made to the highest bidder subject to final confirmation by the council. Notice that such sale is to be conducted shall be given by publication at least once in a newspaper of general circulation printed, published, and circulated in the city and by sending written notice to all persons who had requested notice and to all persons suggested by department heads as prospective bidders, such notice to be published and mailed'at least ten (10) days prior to the date of sale. f Sealed bids may be required or oral bids may be provid�d for. Sealed bids or written offers to purchase must be accompanied by a deposit\offone (1)^percent of the amount of the minimum bid in the form of cash, or by cashier's `or/certified check. If oral bids are permitted, after any sealed bids are opened and any written bids are announced;,any person present may submit an oral bid provided that any bid may be disregarded which does not exceed the highest bid theretofore made by at least one (1) percent,of.such highest bid. ,\ \ The successful bidder must deliver.,immediately following the declaration\of sale, a written statement of his bid signed by the bidder•; -together with an initial deposit of ten (10) percent of the amount of his bid. The deposit may be•in the form of a. personal check provided such check is replaced before the close of business on the following business day by cash or by cashier's or certified check. Failure.to deposit such written statement'of�bid or said ten (10) percent of the bid price in the manner -stated may be' considered a�withdrawal of the bid. If a personal check is not replaced as required, a forfeit of,one (1) percent of the sales price, as stated in the written statement of the bid, shall be required.e,The purchase of the property may then be offered to the second highest bidderlof,record. \` (Code 1952; § 2613;'Ord.'No. NS-128, § 1, 8-15 SS; Oid. No. NS-1265, § 1, 8-4-75) \ J Sec. 2-706.1. 'Same —Sale only to owners'of adjoining property. Upon the written recommendation of the city manager, the council may determine that the property being offered for sale can have real value only to a certain owner or owners of adjoining property and could be used by other persons only for the purpose of nuisance value to such owners of adjoinirig,or abutting property. After such determination has been made as next hereinabove provided.for, the council may by direct negotiation, provide for the sale of the real property covered thereby, without compliance with the auction, public sale, or method of payment requirements in this article provided for. (Ord. No. NS-1265, § 2, 8-4-75) 11 60A-15 Sec. 2-706.2. - Same —Method of payment. Sales of real property shall be on an all cash basis with the following exception: Upon written recommendation of the city manager and approval by the council, a parcel of surplus real property may be sold on such credit terms as are deemed to be necessary in each case. After the required down payment has been made, the balance of the purchase price shall be secured by a note and deed of trust. The credit payment period shall not exceed fifteen (15) years from the date of execution of the trust deed. Interest shall be at the prevailing rate in the community allowed by the Federal Housing Administration (FHA) as of the date of the public sale, but shall not include any FHA mortgage insurance premium. (Ord. No. NS-1265, § 2, 8-4-75) Sec. 2-707. - Same —Broker listing; maximum commission; nonliability of city agent. The city council, when it determines that any real property owned by the city be disposed of, may authorize the director of public works to execute a written listing contract to find bidders with a licensed real estate agent or broker, and -may specify that said property be placed in multiple listing. Said listing contract shall specify the maximum commission to be paid if the property is sold, which said commission shall in no case exceed six (6) percent of the sale price on property improved with a habitable building and shall in no case exceed ten (10) percent on unimproved property. No personal liability hall attach to,any agent of the city who signs any such contract on behalf of the city. (Code 1952, § 2615; Ord.,No.-NS 256, § 1, 6- 57; Ord. No. NS-1082; § 1, 6-21-71; Ord. No. NS- 1265, § 11, 8-4-75) C,� Sec. 2-708. - Same —Payment oof.commission; division of commission. In the event ad'ag nt covered by the contract, as out in section 2-707, procures a bidder who submits the highest•bid\and to whom the sale is made and completed in due course, the commission provided in said contract shall be paid to said agent. In event an agent covered by the contract submits the highestwritten bid which conforms in all respects to the city's invitation to bid and the provisions of section 2-706;�and an oral bid conforming to said requirements is made by a different bidder and results in the sale being made and completed to said different oral bidder, then one=half,(''/z) of the commission originally fixed shall be paid to the listing agent who procured the original highest written conforming bid. If the successful oral bidder was procured and is represented by a licensed real estate agent or broker and the sale is made and completed, then the other one-half ('/2) of said commission shall be paid to such agent or broker. In cases where no listing contract exists and the successful bidder is represented by a licensed real estate broker, upon approval by the council, a full commission will be paid to such broker under the following conditions: (1) The buyer's written or oral bid must be submitted by the broker, (2) The broker must be designated as such in the buyer's purchase offer or in the written statement of his bid, and 12 ZI •. (3) The sale to the buyer must be consummated. (Code 1952, § 2616; Ord. No. NS-256, § 1, 6-3-57; Ord. No. NS-1265, § 5, 8-4-75) Sec. 2-709. - Exceptions. The provisions in this article regulating the sale of surplus city personal property or the sale of city real property shall not apply to any sale of such property made to any city, county, city and county, state or federal government, or any political subdivision of any of them, or to any nonprofit public benefit corporation formed or controlled by the city, or to any sale which is exempted from such provisions by two-thirds ( 2/3 ) vote of tlie)city council after a duly noticed public hearing, and such sales may be made upon a basis of direct negotiations without the necessity for public auction or competitive bidding, when the' authority to so negotiate has been granted by the city council. �;r` ✓''•. (Code 1952, § 2614; Ord. No. NS-128, § 2, 8-15-55; Ord. No. NS-1006, §,27, 44-6-85) Sec. 2-710. -Exchange of real property. Upon written recommendation of the city manager; the council may authorize the exchange of any parcel of city -owned real propegt which has beeddeclared to be surplus to the city's needs for any other real property, whether•publicly or privately owned, for which the city has a public need. Upon such authorization;,an`exchange may''be\concluded by direct negotiation without compliance with the -auction or public sale requirements m, this article provided for. (Ord. No. NS-1265, § 6, 8-4 75)y ti. 13 60A-17 o. 1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 51 2018 TITLE: REVIEW AND APPROVE THE CITY COUNCIL RECOGNITION POLICY (STRATEGIC PLAN NO. 1-7) ,,, RI'dMANAGER r RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Review and approve the City Council Recognition Policy; or 2. Provide staff direction. DISCUSSION At the request of several City Councilmembers, staff has drafted a Council Policy to formalize the City Council Recognition process in order to establish consistent practices as it relates to recognitions at Council meetings or non -City Council meetings/events. Implementing a process will allow the City Council to be consistent in determining the appropriate number of recognitions at each City Council meeting or non -City Council meeting/events, and the level and category of each recognition award. This process will not only ensure consistency among each recognition, it will also make costs of providing recognition more efficient. Currently, Council Members are permitted to recognize any individual, group, or official on behalf of the Mayor and the entire City Council without a formalized limit. To' better serve the City Council, staff recommends establishing a policy that will outline recognition procedures (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goals #1-7 — Community Safety; Youth, Education, Recreational; Economic Development; City Financial Stability; Community Health, Livability, Engagement & Sustainability; Community Facilities & Infrastructure; and Team Santa Ana. FISCAL IMPACT There is no Fiscal Impact associated with this item. Exhibit: 1. City Council Recognition Policy 65A-1 65A-2 City of Santa Ana Administrative - Policies and Procedures City Council Recognition Policy PURPOSE: City Council Adoption Date Revised: June 5, 2018 Establish guidelines for recognition of individuals, groups, and events by issuance of proclamations and certificates of recognition. PROPOSAL: Implement a process that will allow the City Council to be consistent in determining the appropriate number of presentations at each City Council meeting, and the level and category of each presentation award. This process will not only ensure consistency among each presentation but will also decrease the costs of providing recognition. PROCEDURES: It shall be the policy of the City Council that will evaluate a request for recognition, staff will use the guidelines of this policy as a basis for deciding appropriate recognition. Based upon these guidelines, City Council members may issue recognition as is appropriate to the type of request. This item may then be considered for placement on the agenda for presentation at a City Council meeting, be presented at an outside meeting or event, or be mailed to the recipient. Further, it is the policy of the City Council that the City Manager's Office will process all requests for recognition that meet this policy as a matter of routine. The City Manager may, at any time, add to, delete, or modify any section or portion of a section of this policy. BACKGROUND: The City of Santa Ana has not declared a formal policy or consistent procedure that will set guidelines to the appearance of and amount of recognition that may be presented by councilmembers. Currently, councilmembers are permitted to recognize any individual, 65A-3 group, or official on behalf of the Mayor and the entire City Council without a limit. To better serve the City Council, staff recommends establishing the following policy. POLICY This policy outlines the process for the issuance of formal recognition at City Council meetings or non -City Council meeting events, in support of a particular event, program or cause, group, or recognition of a particular individual by the City Council. 1. It is the policy of the City of Santa Ana to proclaim certain periods of time and recognize individuals and/or organizations for their outstanding performance in accordance with the criteria set forth below. 2. City Council meeting presentations will be held at the first Council meeting of each month. 3. Each councilmember will have the opportunity to request a maximum of 1 presentation per month at a City Council meeting. 4. City Councilmembers may request certificates or proclamations for events outside of the City Council meetings, but may not exceed 20 certificates and/or 2 proclamations per event. 5. To ensure recognition requests are received and processed by the City Manager's Office on a timely basis, Councilmembers will provide the recipients information as identified below: Name of Recipient(s) Contact Information Date of Presentation (City Council Meeting or Event) Type of Award (Proclamation/Certificate of Recognition) Brief Background Information Regarding Recipient/Event 6. Email requests for recognition will be copied to all city councilmembers so that there is a record of each request submitted to the City Managers Office and will further serve as an opportunity for councilmembers to review all requests prior to the recognition. 7. Requests for council meeting recognition from councilmembers must be submitted to the City Manager's Office at least 7 calendar days in advance of the time period for which they seek recognition. Advanced notice is necessary to ensure that requests are processed accurately and to allow the City Manager's Office time to prepare speaking points and to confirm that recipients will be able to attend the City Council meeting. Page 2 65A-4 8. The Clerk of the Council shall add the presentation items to the City Council Agenda as approved by the City Manager. Presentations will be listed on the Agenda as individual recipients of the recognition (i.e. name of the business, organization, and/or individual(s) identified) to inform the council and public as to who is recipient of said recognition. In an effort to streamline the presentations, it is recommended that groups larger than 10 be given out as a set and not mentioned individually. GENERAL CRITERIA Candidates for recognition must meet the following minimum requirements: 1. Candidates must have made contributions or achievements directly affecting the lives of Santa Ana citizens, or achievements within the City, but candidates need not be residents of the City and organizations do not need to be located in the City. 2. Service recognized will benefit the community and will be of an outstanding nature. 3. Service will be non-compensable and will show dedication to the City of Santa Ana. 4. Generally, City employees are not eligible for recognition except where their service or achievement/contribution is deemed above and beyond the scope of their normal duties. AREAS OF RECOGNITION: Recognition may be for, but will not be limited to, service in one or more of the following areas: 1. Business — contribution toward the improvement of the industrial/business community in such a way as to benefit the City (e.g., through Rotary, Chamber of Commerce, Grand Opening, etc.) 2. Community — contribution to the positive growth, progress, improved image and/or economic improvement of the City. 3. Education — contribution to the students of Santa Ana or to the educational system, which will directly or indirectly influence the educational awareness and achievement of students. 4. Non -Profit — in recognition of the significant achievement or contribution of a non- profit organization, that organization shall receive a certificate at a City Council meeting. Page 3 65A-5 5. Academic — a certificate may be issued to individuals for exemplary academic achievements. 6. Athletic — a certificate may be issued to an individual, or sports team for exceptional performance. 7. Memorial — the Mayor may dedicate a meeting to the memory of an individual at the time of adjournment. At the Mayor's discretion, an In Memoriam certificate may also be prepared and mailed to the descendant's next of kin (In Memoriam certificates are processed by the Clerk of the Council's Office). 8. National Day/Week/Month or Dates of Observance — a proclamation may be issued by/to an organization or individual who has a direct correlation with the recognition. 9. Anniversary — A certificate or proclamation of anniversary shall be prepared to commemorate an anniversary for a community service organization located in the City, a company doing business within the City or another public agency. The organization being honored shall be invited to send a representative to a City Council meeting to receive the award. Limitation of requests include: a) A proclamation request will be honored only for major anniversaries (e.g., 25'n 50tn, 100t', etc.) b) For all other anniversaries a certificate of recognition will be provided. 10.Acts of Heroism — A certificate may be issued to an individual who performs heroic acts within the City or representing the City. (military, saving a life, etc.) 11. Retirement — A certificate or proclamation may be issued for the retirement of an influential individual within the City. 12. The Mayor, at his or her discretion, may present an award to an individual or group in addition to the items noted above. RECOGNITION TYPES Acknowledgments are issued based on the following general guidelines Certificates of Recognition — A certificate of recognition is prepared in response to the type of recognition requested. Types of certificates issued include certificates of commendation, recognition, appreciation, accomplishment, and In Memoriam. Certificates are prepared by the City Manager's Office and signed by the City Council. Page 4 65A-6 Certificates may be presented at a City Council meeting or at an event or meeting outside of the City Council meeting, or they may be mailed to the recipient. a) Certificates of recognition for less than 5 people at City Council Meetings will be placed in blue padded folders with the City Seal. Certificates of recognition for more than 5 persons will be placed in blue paper folders. b) Certificates of recognition for any amount of people for non -City Council meetings will be placed in blue paper folders with the City Seal. Proclamation — Proclamations are issued to designate a day, week, month, or year during/on which an event, individual, organization or cause shall be recognized or observed; and shall have applicability to the Santa Ana community and/or local government entity. Proclamations may also be issued to individuals or organizations in recognition of efforts, actions or accomplishments of an individual or group when those efforts, actions or accomplishments have had a positive effect on this community or relationship to this community. Proclamations are prepared by the City Manager's Office and signed by the City Council. They may be presented at a City Council meeting or at an outside meeting or event. a) Proclamation recognitions for less than 5 people at City Council meetings will be placed in blue padded folders with the City Seal. Proclamation recognitions for more than 5 persons will be placed in blue paper folders. b) Proclamation recognitions for any amount of people for non -City Council meetings will be placed in blue paper folders with the City Seal. Page 6 65A-7 65A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: CONSIDERATION OF OPTIONS TO FUND PUBLIC IMPROVEMENTS SUPPORTING THE MATER DEI HIGH SCHOOL PARKING STRUCTURE EXPANSION PROJECT (STRATEGIC PLAN NO. 3,2) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Provide direction related to the funding of public improvements for the Mater Dei High School campus parking structure expansion project. DISCUSSION On March 15, 2016, the City Council approved the Mater Dei High School Parking Structure and School Expansion Project as shown on Exhibit 1. On May 15, 2018, the City Council approved the rezoning of acquired parcels needed for the project (Amendment Application No. 2018-02) and a General Plan amendment revising the land use designation for the project (General Plan Amendment No. 2018-02), but continued the Third Amendment to Development Agreement No. 1999-01 which includes Mater Dei requested funds for three separate offsite improvement packages that were mitigation measures to their parking structure as follows: 1) A new traffic signal at Bristol Street and Saint Andrew Place at an estimated cost of $482,000; 2) Pavement rehabilitation of Saint Andrew Place at an estimated cost $250,000; and 3) Construction of a connector alley between Berkeley Street and Occidental Street at an estimated cost of $614,000. Item 1 may be eligible for Measure M2 funding as early as Fiscal Year 2019/20 or thereafter. Item 2 may be eligible for SB1 or Measure M2 funding as early as Fiscal Year 2019/20 or thereafter. Item 3 is not eligible for SB1 funding as currently defined in legislation. Exhibit 2 shows the list of priority projects programmed for SB1 and for Measure M2 funding. That table may be used by the City Council to identify a project or projects that would be removed, or that 65B-1 Third Amendment to Development Agreement No. 1999-01 Mater Del High School Parking Structure Expansion Project June 5, 2018 Page 2 would be delayed in favor of public improvements Item 1 and/or Item 2 above. The funding options analysis is discussed under Background below. BACKGROUND 1) Traffic Signal at Bristol St /St Andrew PI — Est. Cost $482,000 The City's Bristol Street Project did not include a traffic signal at the intersection. Instead, a median on Bristol Street was intended to be installed through the intersection. The Mater Del Parking Structure project proposed a traffic signal, which would allow left turn in and out access between Bristol Street and Saint Andrew Place, with a break in the Bristol Street median at Saint Andrew Place. The traffic signal was warranted through the Traffic Study portion of the Environmental Impact Report. Staff requested the Orange County Transportation Authority (OCTA) to provide Measure M2 competitive funding to fund the installation of the traffic signal as part of the Bristol Improvement project between Saint Andrew Place and Warner Avenue. OCTA indicated that any realized savings from an earlier phase (i.e. design or right-of-way phase) of that project segment may potentially be used to fund the signal, subject to approval of OCTA's committees and board. Unfortunately, no savings have been realized from those earlier phases. Potential funding sources include Measure M2 Fairshare (MM2FS). A description and analysis of the funding sources are included below. Delay of the signal installation would be possible with a temporary median constructed on Bristol Street. However, additional thru-traffic in the Santa Ana Memorial Park neighborhood would likely result from students leaving the parking structure in the afternoon. 2) Pavement Rehabilitation — St Andrew PI. Bristol to East Project Limit — Est. Cost $250,000 The requirement to remove and replace the asphalt was imposed during site plan to mitigate the pavement damage during construction and impacts from the additional traffic on Saint Andrew Place accessing the parking structure. Staff has re-evaluated the pavement condition and determined that a 2" grind and overlay treatment of the existing asphalt after completion of the structure would sufficiently handle the additional vehicle traffic. The revised requirement is estimated to cost about $250,000, resulting in a cost savings of $446,000 to Mater Dei. Because there is no significant grant funding available to cover the cost of the Saint Andrew Place pavement rehabilitation, the potential funding sources if the City were to fund the work would be Measure M2 Fairshare and SB1 funding. Delay of the pavement rehabilitation is possible; however, project construction and additional traffic would accelerate distress of the pavement and require full reconstruction soon after parking structure completion. 65B-2 Third Amendment to Development Agreement No. 1999-01 Mater Dei High School Parking Structure Expansion Project June 5, 2018 Page 3 3) Street Removals and Alley Connector Construction - Estimated Cost $614,000 An alley is required to connect the portions of Berkeley Street and Occidental Street remaining after vacation of the westerly portions of those streets and Baker Street. While the alley will be located in the public right of way, an easement will facilitate ingress and egress to Mater Del parking structure for special events with access to and from Saint Andrew. The construction work would include the removal of the interfering portions of the vacated streets. This alley is needed to allow for trash trucks and other vehicles to ingress and egress the streets without having to back up. The connector cannot be delayed. There are no grant funding sources available to cover the cost of the removal and construction. The potential funding sources if the City were to fund the work would be Measure M2 Fairshare. Potentially Available Funding Sources for Capital Projects • Measure M2 Fairshare - The City expects to receive $4.85 Million in MM2FS in FY 2018/19. In the current draft of the FY 2018/19 Capital Improvement Program, the revenue is proposed to fund various programs such as Local Street Preventative Maintenance, Alley Improvements, Pavement Management, Bike Lane Project Development, and Traffic Safety Project Development. Also, starting in 2021, $600,000 is committed to offset the local share of the OC Streetcar project. • SB1 - The funding pursuant to Section 2030(b) (1) of the California Street and Highways Code funds made available by the program shall be used for projects that include the following: o Road maintenance & rehabilitation. o Safety projects. o Railroad grade separations. o Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project. o Traffic control devices. If the City's Pavement Condition Index (PCI) falls below 80, SB1 funds become less flexible and may only be used for Road Maintenance & Rehabilitation. Unfortunately, the pavement management report that was just completed in May 2018 has the City's overall PCI at 77 which means SB1 funds can only be used for Road maintenance & rehabilitation. The City expects to receive $5.67 Million in SB1 funding in FY 2018/19. However, this money is programmed for the list of projects approved by City Council on April 17, 2018, and submitted to the California Transportation Commission by the May 1, 2018 deadline. L• Third Amendment to Development Agreement No. 1999-01 Mater Del High School Parking Structure Expansion Project June 5, 2018 Page 4 Based on the current SB1 guidelines, the requested Saint Andrew Place pavement rehabilitation could be included as early as FY 2019/20. The Bristol Street/Saint Andrew Place traffic signal does not qualify for SB1 funds because the City's PCI is 77 and does not meet the requirement of PC] 80 or above. The alley connector does not meet the criteria of eligible projects. Gas Tax — This source is no longer available for Capital Projects. While the City expects to receive roughly $8.67 Million in Gas Tax during FY 2018/19, $4.3 Million is used for repayment of the local street improvement bond issued in 2007. The annual revenue has been steadily decreasing primarily due to more fuel efficient vehicles. There are no excess monies available after funding programs such as maintenance and operations of existing_ signals, pothole repair, Omnibus Concrete, and landscape medians. Therefore, the City is no longer able to use Gas Tax as a local match source for grant funds, capital projects, or other discretionary uses. Staff has developed a draft list of projects for future City Council consideration to be funded with FY 2019/20 and FY 2020/21 SB1 and Measure M2 monies (Exhibit 2), assuming the City would receive similar allocations for those fiscal years. If the City programs the requested Bristol Street/Mater Del Traffic Signal and/or the Saint Andrew Pavement Rehabilitation projects in FY 2019/20, then an estimated $732,000 worth of projects from the list would be delayed. Delaying any of the listed projects will result in significantly higher costs for the same project if it is deferred. Additionally, continued receipt of the funding is not guaranteed, as repeal of the SB1 funding measure may be on the November 2018 ballot. STRATEGIC PLAN ALIGNMENT This item 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). FISCAL IMPACT There is no fiscal impact associated with this action. Funding impact will be identified based on City Council directioyr-,, / Q . P.E. Minh Thai Acting Executive Director Public Works Agency Executive Director Planning and Building Agency Exhibits 1. Mater Del High School Parking Structure and School Expansion Project 2. List of Priority Projects Programmed for SB1 & Measure M2 funds L. l 0 Q 6Y 1III � R n .w y 6 y y .......F.P[ P1P .a]c]s[iea ]vevea]P- ' �-:. EXHIBIT 1 MATER DEI HIGH Sat"PARKING STRUCTURE SB1 Road Repair & Accountability Act Projects FY 18.19 Project Name Location Description Total Raiff Street McFadden Avenue to Civic Center Drive Road Rehabilitation $ 980,000 Edinger Avenue Raitt Street to Bristol Street Road Rehabilitation $ 900.000 Bristol Street MacArthur Boulevard to Railroad (N/O Alton) Road Rehabilitation $ 700,000 Raiff Street Edinger Avenue to McFadden Avenue Preventative Maintenance/ Slurry $ 300,000 Main Street Dyer Road to Warner Avenue Road Rehabilitation $ 600.000 Alton Avenue Raitt Street to Bristol Street Road Rehabilitation $ 1,035,000 Main Street 1st Street to Civic Center Drive Preventative Maintenance) Slurry $ 376,000 1st Street City Limit to Newhope Street Preventative Maintenance/ Slurry $ 687,000 McFadden Avenue Fairview Street to Raitt Street Road Rehabilitation $ 90,325 ll@6 Above prdj liste�ppr_o_4ed 4y City Court cl O'41,1'712018 andisubmitted [o:C1(G on 511/2018 _ Total: $ 5,668,325 FY 19.20 Main Street 17th Street to Santa Clara Avenue Preventative Maintenance Slurry $ 530,000 Raitt Street Segerstrom Avenue to Warner Avenue Road Rehabilitation $ 935,000 Flower Street Warner Avenue to Edinger Avenue Preventa0ve Maintenance/Slurry $ 496,000 Euclid Street 1st Street to Hazard Avenue Road Rehabilitation $ 934,000 MacArthur Boulevard Fairview Street to Raitt Street Road Rehabilitation $ 640,000 MacArthur Boulevard Harbor Boulevard to Fairview Street Road Rehabilitation $ 880,000 Euclid Street McFadden Avenue tat Street Road Rehabilitation $ 580,000 Penn Way Washington Avenue to 17th Street Road Rehabilitation $ 220,000 Dyer Road Main Street to Grand Avenue Road Rehabilitation $ 630,000 Total: $ 5,845,000 FY 20.21 Edinger Avenue Fairview Street to Raitt Street Road Rehabilitation $ 860,000 Grand Avenue Warner Avenue to Edinger Avenue Road Rehabilitation $ 860,000 MacArthur Boulevard Main Street to City Limit Preventative Maintenance/Slurry $ 350,000 Dyer Road Grand Avenue to Redhill Avenue Preventative Maintenance I Slurry $ 410,000 Edinger Avenue Santa Ana River to Fairview Street Road Rehabilitation $ 610,000 Grand Avenue 1 st Street to Santa Ana Boulevard Preventative Maintenance/Slurry $ 430,000 Grand Avenue I Edinger Avenue to McFadden Avenue Preventative Maintenance l Slurry $ 360.000 17th Street Flower Street to Main Street Road Rehabilitation $ 570,000 Chestnut Avenue Ross Street to Standard Avenue Road Rehabilitation $ 600,000 Fairview Street Isegerstrom Avenue to Warner Avenue Road Rehabilitation $ 620,000 Total: $ 5,670,000 EXHIBIT 2 65B-7 I oft Measure M2 Fairshare Projects FY 18.19 ProjectlProgram Name Location Description Total Alley Improvement Program' Citywide Alley Pvmt Rehabilitation $ 150,000 Local Street Preventative Maintenance Citywide Preventative Maintenance/ Slurry $ 2,000,006 Project Development' Citywide Grants/CIP Development $ 100,000 Right-of-way Management' Citywide Mgmt of City Property & Right of Way $ 100,000 Pavement Management' Citywide Pavement Condition Analysis $ 200,000 Traffic Management Plans' Citywide Traffic Counts $ 50,000 Traffic Signal Equipment Replacement' Citywide Replace Obsolete Signal Equipment $ 100,000 Traffic Safety Project Development' Citywide Traffic Safety Grants Develop & Match $ 50,000 Bike Lane Project Development' Citywide Bicycle Infrastructure $ 80,000 Garden Grove BI / Memory Ln TS Sync" WCL to Bristol Congestion Management $ 15,000 Main Street TS Sync" SCL to NCL Congestion Management $ 350,000 Bristol St & Edinger Av C-II Bike Lanes" - Sunflower to Central; Edinger to Broadway Bicycle Infrastructure $ 93,560 Bristol St Protected Bike Lanes" Edinger to 1st Bicycle Infrastructure $ 287,000 Hazard Av Protected Bike Lanes" Euclid Street to Harbor Blvd Bicycle Infrastructure $ 128,000 McFadden Av Fairview St to Raift St Road Rehabilitation $ 1.004,536 Bike Racks & SARTC Bicycle Center" Citywide and SARTC Bicycle Infrastructure $ 138,888 Total: $ 4,846,984 FY 19.20 Alley Improvement Program' Citywide Alley Pvmt Rehabilitation $ 150,000 Local Street Preventative Maintenance' Citywide Preventative Maintenance/ Slurry $ 2,000,000 Project Development* Citywide Grants/CIP Development $ 100,000 Right-of-way Management' Citywide Mgmt of City Property & Right of Way $ 100.000 Pavement Management' Citywide Pavement Condition Analysis $ 200,0 )0 Traffic Management Plans' Citywide Traffic Counts $ 50,000 Traffic Signal Equipment Replacement' Citywide Replace Obsolete Signal Equipment $ 100,000 Traffic Safety Project Development' Citywide Traffic Safety Grants Develop & Match $ 50,000 Bike Lane Project Development' Citywide Bicycle Infrastructure $ 80,000 Match for Grants-ATP,HSIP, BCIP, TSSP" JCitywide ITraffic Safety, ATP, Congest Mgmt Proj $ 2,000.000 Total: $ 4,830,000 FY 20.21 Alley Improvement Program' Citywide Alley Pvmt Rehabilitation $ 150,000 Local Street Preventative Maintenance Citywide Preventative Maintenance/ Slurry S 2,000,000 Project Development' Citywide Grants/CIP Development $ 100,000 Right-of-way Management' Citywide Mgmt of City Property & Right of Way $ 100,000 Pavement Management' Citywide Pavement Condition Analysis & Maintenance $ 200,000 Traffic Management Plans' Citywide Traffic Counts $ 50,000 Traffic Signal Equipment Replacement* Citywide Replacement of Obsolete Signal Equipment $ 100,000 Traffic Safety Project Development' Citywide Traffic Safety Grants Development and $ 50,000 Bike Lane Project Development` Citywide Bicycle Infrastructure $ 80,000 Match for Grants-ATP,HSIP, BCIP, TSSP" Citywide Traffic Safety, ATP, Congest Mgmt Proj $ 2,000,000 Total: $ 4,830,000 nub;oai auwmimneuu ouppun,rceywprograms -�-§� :,,� � ,rep I" Faotlmg amounlb3represenl IDcaikmatoh for` rant fundediproiects EXHIBIT 2 2 of Lm w oe REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: APPROVE SUBMISSION TO THE VOTERS AT THE NOVEMBER 6, 2018 MUNICIPAL ELECTION: A SALES TAX MEASURE FOR MUNICIPAL SERVICES (STRATEGIC PLAN NOS. 4.3.) �Sq el I CITY I ANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1B1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Discuss placing on the November 6, 2018 General Municipal Election ballot a measure asking voters to consider the adoption of a sales tax; and 2. Authorize and direct staff to prepare all required documents necessary to proceed with a ballot measure, including, but not limited to, all of the following: a) a resolution giving notice of the City's General Municipal Election to be held in the City of Santa Ana on November 6, 2018 for the submission of questions to the voters relating to a sales tax measure. b) a resolution containing the ballot question and related to the sales tax measure; c) a resolution authorizing Councilmembers to file written arguments for or against the amendments; and d) guidelines for preparation of arguments for/against the proposed amendments; e) all other documents required to proceed with a sales tax measure. DISCUSSION On March 20, 2018, the Mayor and City Council authorized staff to evaluate revenue generation opportunities to meet the city's needs to address the projected deficient for the current fiscal year and for future fiscal years. Staff identified a structural deficit in the City's General Fund budget that would require a combination of cuts, transformational changes, and revenue enhancements, in order to continue to provide service to the community. Staff is recommending that the City Council provide direction to staff to finalize the necessary documentation to propose to the voters of the community a sales tax increase that would generate the requisite funds to maintain and in some cases enhance current services to the 65C-1 Discussion and Direction to Propose a Sales Tax Measure on the November 6, 2018 Ballot June 5, 2018 Page 2 community. At this time, staff is evaluating sales tax rates and will then prepare a staff recommendation for City Council consideration on the rate and the estimated revenue that may be generated by such an initiative if successful. As a general purpose tax measure, it would require a simple majority of the voters (50% plus 1) to implement such a tax. The California Election Code requires the adoption of certain resolutions to call the election and place the proposed question to the City's voters. The Orange County Registrar of Voters requires that these resolutions be submitted generally before the end of July 2018. Staff is seeking Council's authority and direction to prepare the necessary documents which must be presented to the City Council for approval. Staff anticipates presenting the documents for approval in early July 2018. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City's to meet Goal #4- City Financial Stability, Objective #3, (Maintain a structurally balance budget with appropriate reserve levels). FISCAL IMPACT There is no fiscal impact associated with this action. 65C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: SELECT AND APPOINT REPRESENTATIVE TO THE TRANSPORTATION CORRIDOR AGENCY (STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on Vd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Select a representative to serve on the Transportation Corridor Agency. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of regional boards which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. The Transportation Corridor Agencies is a joint Powers Authority formed in 1986 to design, finance, construct and operate the three Orange County toll roads. The Agency is in the process of merging the San Joaquin Hills and the Foothill/Eastern Transportation Corridor Agencies under the direction of one board. The City's representative is Councilmember Tinajero and alternate is Councilmember Sarmiento. On May 21, 2018, Councilmember Tinajero tendered his resignation and Councilmember Sarmiento wishes to continue serving as alternate. Thus, a representative is requested to continue serving the interest of the residents of our community. Representatives must be an elected member and shall serve until removed or resign. The Board meets on the 2nd Thursday of the month at 9:30 .am. Mayor Pro Tern Martinez has expressed an interest in serving in that capacity, if approved by a majority of the City Council. 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 65D-1 Appointment of Representative to the Transportation Corridor Agencies June 5, 2018 Page 2 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 65D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: COUNCIL COMMITTEE APPOINTMENTS - PUBLIC SAFETY, CODE ENFORCEMENT AND NEIGHBORHOOD EMPOWERMENT AND TO THE ECONOMIC DEVELOPMENT, INFRASTRUCTURE AND TECHNOLOGY COMMITTEES (STRATEGIC PLAN NO. 5, 1) CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Appoint a member to the Public Safety, Code Enforcement and Neighborhood Empowerment Committee and confirm appointment of Councilmember Benavides to the Economic Development, Infrastructure and Technology Committee. On February 21, 2017, the City Council reviewed and appointed members for a two-year term to the various council committees. On May 22, 2018, Councilmember Benavides submitted his resignation on the Public Safety, Code Enforcement and Neighborhood Empowerment Committee and expressed an interest in being considered to serve on the Economic Development, Infrastructure, Budget and Technology, since they currently have two members serving. All appointments require majority approval by the City Council. Also, with the resignation on the Public Safety, Code Enforcement and Neighborhood Empowerment Committee, there is an opportunity for another member to be appointed to serve on that committee. Council committees may have 2-3 members and no member of the City Council may serve on more than two (2) committees. 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). 65E-1 Council Committee Appointments June 5, 2018 Page 2 FISCAL IMPACT There is no fiscal impact regarding this matter included in annual budget. ��ffl MU< e--�)- B�?, Maria D. Huizar Clerk of the Council Staffing costs associated with said item is Exhibit: 1. List of Current Committees and Members 65E-2 Council Committee Appointments June 5, 2018 Page 3 EXHIBIT 1 COUNCIL COMMITTEES & MEMBERS COMMITTEE MEMBERS AGENCY SCHEDULE Youth, Education and 1. Villegas (Chair) Parks, Recreation and Quarterly Community Services 2. Benavides Community Services Jan., April, July, Oct. Committee 3. Tinajero -(and Joint Santa Ana 4th Monday, 5:30 Unified School District p.m. and City Council Committee) Note: The committee changed name from Community Services. Public Safety, Code 1. Tinajero (Chair) Police Department Every other Month Enforcement & 2. Villegas (Vice -Chair) Jan., Mar., May, July, Neighborhood 3. Advisory: Sept., Nov. Empowerment • Planning 2nd Tuesday, 5:30 p.m. Economic Development, 1. Martinez (Chair) Community Every other Month Infrastructure, Budget 2. Sarmiento Development Jan., Mar., May, July, and Technology 3. Sept., Nov. Advisory: • Planning & Building 2nd Monday, 5:00 Public Works p.m. • Finance • Information Technology Legislative Affairs, 1. Sarmiento (Chair) City Manager's Office Quarterly Ethics, Transparency 2. Martinez (Vice- Jan. 31, 2018, Mar., and Communications Chair) Advisory: June, Sept., • Clerk of the Council • City Attorney 4th Wednesday, 12 noon Note: *Joint SAUSD Council Committee to meet ouarterly. 65E-3 65E-4 REQUEST FOR COUNCIL ACTION Wi&W6161>� k[dIfiI4=1iI.[rlJ_111 111=9 JUNE 5, 2018 TITLE: DIRECT STAFF TO INITIATE THE PROCESS TO ANNEX THE 17T" STREET AND TUSTIN AVE. COUNTY OF ORANGE UNINCORPORATED ISLAND (STRATEGIC PLAN NO. 3, 5A) A r- I CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct staff to initiate the process to annex the 17th Street and Tustin Ave. County of Orange unincorporated island, and continue discussions with the County and Orange County Local Agency Formation Commission regarding annexation. ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY COUNCIL At the May 14, 2018, Economic Development, Infrastructure, Budget and Technology Council Committee, the Committee recommended that Staff bring for full City Council consideration the annexation of the 17th Street and Tustin Avenue County of Orange unincorporated island. Furthermore, the Committee recommended that the City of Santa Ana be the entity to initiate the annexation application process with the Orange County Local Agency Formation Commission. DISCUSSION The City of Santa Ana received a request by the County of Orange Planning Department to provide sewer connection and sewer related services for a proposed development on County of Orange unincorporated vacant land located on the north-east corner of 17th Street and Tustin Avenue. The development site sits on a 3.3-acre vacant plot of land owned by the John C. Hall Family Trust. Current development interest in this site includes an In-N-Out Burger and Chick -fill - A. In order to provide utility services to unincorporated island customers, the City must receive approval from the Local Agency Formation Commission (LAFCO) given that these customers reside outside of the municipality's respective City limits. As such, City of Santa Ana Staff contacted LAFCO to secure approval to serve outside the City's boundaries and were informed that LAFCO may only authorize the City to provide sewer services to the proposed development site, in anticipation of a change of organization or reorganization 65F-1 Direct staff to initiate process to annex 17th Street and Tustin Avenue County of Orange Unincorporated_Island June 5, 2018 Page 2 (i.e. annexation). The 3.3-acre proposed development site is part of a much larger 24.71-acre County of Orange unincorporated island (Island). The Island is bound by Seventeenth Street to the south, Tustin Avenue to the west and 55 Newport Freeway to the east (Island is shown on Exhibit 1). The existing land uses within the Island include an estimated 49 single-family dwellings, 32 multifamily dwellings, and a strip commercial center. Estimated population of the Island is 275. Water utility services are currently provided by the City of Tustin and a number of dwellings utilize septic tanks. Furthermore, the Island is considered an "unincorporated small island" under California Government Code Section 56375.3 and Orange County Local Agency Formation Commission (OCLAFCO) "Policy and Procedural Guidelines for Addressing Unincorporated Small Islands." Annexation of a County unincorporated island may be initiated by a municipality, agency, landowner or by registered voter. If the process is initiated by a municipality, there are benefits that may provide for a more favorable outcome such as: • OCLAFCO processing fees are waived (exception - State Board of Equalization fees) • Ability to negotiate Property Tax Exchange Agreement with the County • Negotiate cost recovery for the provision of City services (County, Owner/Developer) • Negotiate cost recovery for infrastructure improvements (County, Owner/Developer) • Resident/community protest is waived According to OCLAFCO, the 17th Street and Tustin Avenue Island is within the City of Santa Ana's "sphere of influence" and therefore the City is identified as the logical municipal service provider. Annexation Process and Proposed Schedule Due to the small size of the Island, the process to annex the Island is largely administrative. If the City Council approves moving forward with the annexation via a resolution at a future date, the City will submit a Project Application Form (Application) to LAFCO to annex the Island (Exhibit 2). Once the Application and supporting documents (City Resolution, Annexation and Cooperative Agreement, Plan of Services, Property Tax Exchange Agreement, etc.) are reviewed and deemed complete, LAFCO will set a public hearing date. A public hearing will take place and, in accordance with State law regarding small island annexations, LAFCO shall approve the action. The entire process, from initiating the annexation process to LAFCO's final action, is expected to take approximately eight (8) to ten (10) months. If the City Council approves the recommended action, Staff proposes that the initial step in the process be that LAFCO lead (in collaboration with the City and County) a community meeting to discuss the proposed annexation with the residents and other interested parties associated with the Island. 65F-2 Direct staff to initiate process to annex 17'h Street and Tustin Avenue County of Orange Unincorporated Island June 5, 2018 Page 3 The following is the proposed annexation process timeline: June 5, 2018 City Council directs Staff to initiate the annexation process July — August 2018 LAFCO Public meeting (in collaboration with City/County) August 2018 Planning Commission considers a resolution recommending to the City Council regarding the General Plan consistency and the prezoning for the proposed annexation. September 2018 City Council considers Resolution, Annexation, General Plan Consistency and Prezoning Resolution and Cooperative Agreement, Property Tax Exchange Agreement, Cost Recovery Agreements (County, Developer, Owner), etc. October 2018 County of Orange considers Resolution, Annexation and Cooperative Agreement, Properly Tax Exchange Agreement, Cost Recovery Agreements, etc. November 2018 City files Application with LAFCO December 2018 — March 2019 LAFCO process and approves annexation STRATEGIC PLAN ALIGNMENT 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 There is no fiscal impact associated with this item. In the event the City Council approves the annexation process, there may be infrastructure improvements necessary to bring the Island to City standards as well as costs associated with the delivery of City services. If approved by City Council, Staff will review the conditions of the entire Island and meet with representatives from the County and the Owner/Developer of the development site to determine the improvements that are planned in the area and services that will need to be rendered going forward. This information, along with draft agreements between the City, County and the Owner/Developer, will be presented to the City Council for future consideration. Exhibits: 1. Map of 17"' Street and Tustin Avenue Island 2. OCLAFCO Project Application Form 65F-3 65F-4 QL Santa�AHai,uadt ti Jam_ri IR � ry at C r` h E Up Y• 1 M3 EXHIBIT 1 Lz i> _ J 1� • 1 �I I 1 1 vTustt'n; I 1 1 'r I U 65F-5 65F-6 EXHIBIT 2 ORANGE COUNTY LAFCO Project Applicadon Forst Page 1 of 12 PROJECT APPLICATION FORM OF THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION Orange County Local Agency Formation. Commission 2677 North Main Street, Suite 1050 Santa Ana, CA 92705 (714)640-5100 APPLICATION INSTRUCTIONS This application form is used to initiate the application process to the Orange County Local Agency Formation Commission (LAFCO) for a city or district annexation, reorganization, detachment, or a sphere of influence amendment. LAFCO staff looks forward to assisting you with your project. In addition to the information that you will provide us on this form, LAFCO staff is required to analyze additional data regarding your proposal from our Geographic Information System (GIS) and in-house data base, including, but not limited to: affected agencies, interested agencies, spheres of influence, school districts, land use/zoning, acres of prime agricultural land, and number of dwelling units. A Plan of Services may also be required demonstrating how municipal services will be provided to the affected territory. To assist staff in this effort, a mandatory pre -filing meeting is required of all completed prior to the pre -filing meeting. Please fill out this application as completely as possible. If you need assistance, please do not hesitate to contact a LAFCO staff member for guidance. If a question does not apply to your proposal, indicate "N/A". Orange County LAFCO is a "paperless" office. It is important that you list all email addresses where indicated on the application. Correspondence, staff reports, resolutions and other LAFCO forms and mailings, whenever possible, will be distributed electronically. (The information contained in this application maybesubject to disclosure under the California Public Records Act Government Code Section 6250 et seg) 65F-7 ORANGE COUNTY LAFCO Project Application Form Page 2 of 12 APPLICATION FOR: (check all that apply) ❑ Annexation to: ❑ Detachment from: ❑ Reorganization (2 or more changes of organization) of: ❑ Other (explain): ❑ *Sphere of Influence Amendment for: *If requesting a sphere of influence amendment "only" please answer the following two questions: 1. Why is a sphere of influence amendment needed? 2. How would a sphere of influence affect the present and future need for services in the project area? GENERAL DESCRIPTION AND JUSTIFICATION OF PROPOSAL: 1. What changes of organization are included? What agencies are involved? 2. Explain the purpose of each request of change of organization. 3. Explain how the proposal provides more logical boundaries and/or improves the provision of service. (The information contained in this application maybe subject to disclosure under the California Public Records Act Government Code Section 6250 et seq) 65F-8 [ORANGE COUNTY LAFCO Project Application Form Page 3 of 12 4. Does this proposal have 100% consent of all property owners? (If so, please complete Attachment 1.) WHO INITIATED THIS PROPOSAL? Generally, LAFCO proposals may be initiated by a resolution of an affected agency, a city council, special district or by the Board of Supervisors. In addition, a proposal may be initiated by a petition of the affected area's registered voters or landowners. Attach one of the following to this application form: ❑ Agency Resolution ❑ Landowner Petition ❑ Registered Voter Petition LOCATION AND ADDRESS OF PROPERTY: MAP AND LEGAL DESCRIPTION: A map and legal description of the proposal, even if prepared by a private engineering firm, must be submitted directly to the Orange County Surveyor for review and final approval. An application can be filed with LAFCO without a map and legal, but a proposal cannot be scheduled for LAFCO hearing prior to receipt of a County Surveyor -approved map and legal description. You may contact the County Surveyor at the Resources and Development Management Department, Geomatics/Land Information Systems Division, at (714) 834-4378. Additionally, the map and legal description must meet the State Board of Equalization's requirements. The BOE's "Change of Jurisdictional Boundary" requirements are available for download athttp://www.boe.ca.vov/arontaxes/snrdconthtm. Please note, the BOE requires an additional vicinity map that shows the project area in relation to a larger geographic area. A map and legal description has been: ❑ Certified by the County Surveyor and is attached to this application. ❑ Submitted for review to the County Surveyor. ❑ Other (please explain) DISCLOSURE OF POLITICAL EXPENDITURES: Orange County LAFCO requires applicants to report all expenditures for political purposes related to an application and proceedings to be reported to the Commission's Executive Officer in compliance with Government Code Sections 56700.1 and 57009. The following is attached to this application form: (The information contained in this application may be subject to disclosure render the California Public Records Act Government Code Section 6250 et seq.) 65F-9 ORANGE COUNTY LAFCO Project Application Form Page 4 of 12 ❑ LAFCO Disclosure Form (please complete LAFCO Disclosure of Political Expenditures, Attachment 3); copy of Financial reports and disclosures submitted to FPPC (please attach) ❑ Please check here if you have no related financial reports or disclosures. INDEMNIFICATION AGREEMENT: LAFCO policy requires that all applicants sign an indemnification agreement (see Attachment 2) which indemnifies LAFCO employees, agents and attorneys in the event of litigation is filed concerning the approval of an application. The following is included with this application form: ❑ Signed Indemnification Agreement FILING FEES: Applicants are required to pay fees in accordance with OC LAFCO's adopted fee schedule (see Attachment 4) to cover the administrative and staff costs required to evaluate proposals for hearing. Checks must be made payable to: "Orange County LAFCO". The following is included with this application form: ❑ Check for Filing Fees ❑ Other (explain why Filing Fees not included): CERTIFICATION I certify, under penalty of perjury by the laws of the State of California, that the information contained in this application is true and correct. I acknowledge and agree that the Orange County Local Agency Formation Commission is relying on the accuracy of the information provided and my representations in order to process this application proposal. Signature: Name: Title: Date: (The information contained in this application maybe subject to disclosure under the California Public Records Act Covertement Code Section 6250 et seq.) 65F-10 ORANGE COUNTY LAFCO Project Application Fornt Page 5 of 12 ATTACHMENT Property Owner Consent Form (All legal owners must sign a consent form or submit a letter of signed consent.) located at consent to the annexation/reorganization of my property (or Assessor Parcel Numbers ) to the fagency(ies)]. Signature: Address: City, State, Zip: Date: (The information contained in this application may be subject to disclosure tinder the California Public Records Act Government Code Section 6250 et seg) 65F-11 ORANGE COUNTY LAFCO Project Application Fora: Page 6 of 12 ATTACHMENT Indemnification Agreement As part of this application, applicant and real party in interest, if different, agree to defend, indemnify, hold harmless, and lease the Orange County Local Agency Formation Commission, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it. This indemnification obligation shall include, but not be limited to, damages, costs, expenses, attorney fees, or expert witness fees that may be asserted by any person or entity, including the applicant, arising out of or in connection with the approval of this application, whether or not there is concurrent passive or active negligence on the part of the Orange County Local Agency Formation Commission, its agents, officers, attorneys, or employees. Executed at California on the day of 2_ APPLICANT to Title: Mailing Address: REAL PARTY IN INTEREST (if different from Applicant) By: Title: Mailing Address: (The information contained in this application maybe subject to disclosure tinder the California Public. Records Act Government Code Section 6250 et seq.) 65F-12 ORANGE COUNTY LAFCO Project Application Fora: Page 7 of 12 ATTACHMENT LAFCO Disclosure of Political Expenditures Effective January 1, 2008, political expenditures related to a proposal for a change of organization or reorganization that will be or has been submitted to LAFCO are subject to the reporting and disclosure requirements of the Political Reform Act of 1974 and the Cortese -Knox -Hertzberg Act of 2000. Please carefully read the following information to deteratine if reporting and disclosure provisions apply to you. Any person or combination of persons who, for political purposes, directly or indirectly contributes $1,000 or more, or expends $1,000 or more in support of, or in opposition to a proposal for a change of organization or reorganization that will be submitted to the Commission, shall disclose and report the contribution to the Commission pursuant to the requirements of the Political Reform Act of 1974 (Government Code Section 81000 et seq.) as provided for local initiative measures, and Section 56700.1 of the Cortese -Knox -Hertzberg Act of 2000. • Pursuant to Government Code Section 57009, any person or combination of persons who directly or indirectly contributes $1,000 or more, or expends $1,000 or more in support of, or in opposition to, the conducting authority proceedings for a change of organization or reorganization, must comply with the disclosure requirements of the Political Reform Act of 1974, (Government Code section 81000 et seq.). Applicable reports must be filed with the Secretary of the State and the appropriate city or county clerk. Copies of the report must also be filed with the Orange County Executive Officer. Evaluation Checklist for Disclosure of Political Expenditures The following checklist is provided to assist you in determining if the requirements of Government Cade Sections 81000 et seq. apply to you. For further assistance, contact the Fair Political Practices Commission at 428 J Street, Suite 450, Sacramento, CA 95814, (866) 275-3772 or at http://www.fnnc.ca.gov. 1. Have you directly or indirectly made a contribution or expenditure of $1,000 or more related to the support or opposition of a proposal that has been or will be submitted to LAFCO? ❑ Yes ❑ No Date of contribution Amount $ Name/ Ref. No of LAFCO Date proposal was submitted to LAFCO 2. Have you, in combination with other person(s), directly or indirectly contributed or expended $1,000 or more related to the support or opposition of a proposal that has been or will be submitted to LAFCO? ❑ Yes ❑ No Date of contribution Amount $ Name/ Ref. No of LAFCO Proposal Date proposal was submitted to LAFCO 3. If you filed a report in accordance with FPPC requirements, has a copy of the report been filed with Orange County LAFCO? ❑ Yes ❑ No (The information contained in this application may be subject to disclosure tinder the California Public Records Act Government Code Section 6250 et seq.) 65F-13 ORANGE COUNTY LAFCO Project Application Forst Page 8 of 12 ATTACHMENT 4 ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION SCHEDULE OF FILING AND PROCESSING FEES Effective 7/1/2017 FEE SCHEDULE OVERVIEW In accordance with Government Code Section 56383, the Commission may establish a schedule of fees and a schedule of service charges for Local Agency Formation Commission (LAFCO) proceedings. The submission of an application to the Orange County (LAFCO) is not officially accepted for processing until the filing fee deposits have been received by the agency. The fees associated with an application or petition are calculated on a time and materials schedule as detailed in the Fee Schedule. PROVISIONS 1. Additional Deposits: a. The Executive Officer may require an additional deposit from applicants to cover actual costs for review and processing of any application if the Executive Officer determines the project is extraordinary in scope. For example, the Executive Officer may determine that the processing of the proposal will require advice and counsel from LAFCO's General Counsel beyond routine review of the Executive Officer's report, Commission resolutions, and agenda materials. Further, LAFCO reserves the right to require reimbursement for additional expenses not listed in the fee schedule but incurred as a result of processing an application. b. If the actual charges exceed the amount of the deposit, the applicant or petitioner shall be notified and shall pay the excess within 15 days of receipt of a statement from LAFCO. Failure to pay may be cause for delay and/or denial of the application/petition, and no proceeding or application shall be completed until all fees due have been paid in full. 2. Indemnification Agreement Requirement As a condition of approval of any change of organization or reorganization, out -of - agency service agreement, sphere of influence or municipal service review by LAFCO, the applicant(s) and real party(ies) in interest are required to defend, indemnify, hold harmless, and release LAFCO and its agents, officers, attorneys, and employees from any claim, action, or proceeding against LAFCO, and its agents, officers, attorneys, and employees to attack, set aside, void, or annul the approval of LAFCO concerning the proposal or any action relating to, or arising out of, such approval. In accordance with the Commission's Policy for Indemnification of LAFCO by Applicants (adopted March 8, 2000), the applicant(s) and real party (ies) (The information contained in this application maybe subject to disclosure raider the California Public Records Act Government Code Section 6250 et seq) 65F-14 ORANGE COUNTY LAFCO Project Application Form Page 9 of 12 in interest are required to submit a signed indemnification agreement as part of the application. ORANGE COUNTY LAFCO FEE SCHEDULE LAFCO PROCESSING FEES TYPE OF ACTION COST SCHEDULE INITIAL DEPOSIT One Change of Organization (e.g. annexation or detachment Time and Materials $4,600 One Change of Organization with Sphere of Influence Change Time and Materials $5,600 Reorganizations (request for 2 or more changes of organization) Time and Materials $7,900 District Formations or Consolidations Time and Materials $10,000 District Dissolutions, Mergers, or Establishment of a Subsidiary District Time and Materials $7,900 City Incorporations/Dis-incorporations See additional project completion deposits below. Time and Materials $10,000 Activation of Latent Powers Time and Materials $7.900 Request for Municipal Service Review and/or Sphere of Influence Review/Update Time and Materials $7.900 Out -of -Agency Service Agreement Time and Materials $4,600 Request for Reconsideration Time and Materials $3,200 Request for Extension of Time to Complete Proceedings Time and Materials $1,000 LAFCO STAFF/LEGAL COUNSEL BILLING RATES LAFCO Staff Rate Fully Burdened Hourly Rate LAFCO Legal Counsel Actual Costs* *See Attachment Afar current rates. (The information contained in this application may be subject to disclosure under the California Public Records Act Government Code Section 6250 et seq.) 65F-15 ORANGE COUNTY LAFCO Project Application Forot Page 10 of 12 PROJECT COMPLETION FEES AND CHARGES Public Noticing and Actual Costs Publication Costs (Based on noticing required by Government Code Section 56661) State Board of Equalization Actual Costs Fees (Payable to the State Board of Equalization and based on their latest fee schedule) Compliance with California Actual Costs Environmental Quality Act (CEQA) (May include LAFCO staff time to prepare environmental documentation, actual consultant costs, and appropriate filing fees. Department of Fish and Wildlife filing fees are required to be paid at the time LAFCO files the Notice of Determination with the Clerk ofthe Board. The fees listed below include the county's $50filingfee and are current as of January 1, 2017) a. Negative Declaration $2,266.25 b. Environmental Impact Report $3,128.25 Comprehensive Fiscal Actual Costs Analysis for Incorprationoratiori or Disincorporation (A $50,000 deposit is required at the time the application is submitted. Proposals All excess costs will be the responsibility of the project proponent; any balance will be refunded at the conclusion of the project.) State Controller's Fiscal Actual Costs Review for Incorporations (A $25, 000 deposit is required at the time a Request far State Controller Review is submitted. All excess costs will be the responsibility of the project proponent, any balance will be refunded at the conclusion ofthe project.) Registrar of Voters — Actual Costs Verification of Signatures Special Legal Counsel Costs Actual Costs Consultants Actual Costs Reproduction and Faxing Costs MATERIALS CHARGES Actual Costs* Postage or Overnight Service I Actual Costs Agenda Packet Actual cost of reproductions (Specific Meeting) (The information contained in this application maybe subject to disclosure under the California Public Records Act Government Code Section 6250 et seq) 65F-16 ORANGE COUNTY LAFCO Project Application Fornt Page II of 12 Agenda Packet $250/year (hard copy) (subscription) *See Attachment Afor current rates. (The information contained in this application may be subject to disclosure tinder the California Public Records Act Government Code Section 6250 et seq.) 65F-17 ORANGE COUNTY LAFCO Project Application Form Page 12 of 12 ATTACHMENT A ORANGE COUNTY LAFCO FEE SCHEDULE ACTUAL COST RATES Updated 7/1/2017 Fullv burdened staff hourlv rates - Position Hourly Rate Executive Officer $ 116 Assistant Executive Officer $ 77 Policy Analyst* $ 34 - 41 Commission Clerk $ 42 *Depends on analyst's level on range *Depends on analyst's level on range 2. Legal Counsel Hourly Rates - $250 for LAFCO-initiated services $495 for project applicant -initiated services 3. Reproduction Cost - 0.25 per page 4. Audio Tape Reproduction Cost - $15.00 (The information contained in this application maybe subject to disclosure under the California Public Records Act Government Code Section 6250 et seg) 65F-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: CITY OF SANTA ANA GENERAL PLAN UPDATE -STATUS REPORT (STRATEGIC PLAN NO. 3, 2A) I Lf2 CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file City of Santa Ana General Plan Update status report. DISCUSSION City Council adopted the Santa Ana Strategic Plan in 2014 which was the result of an extensive community outreach process and established specific goals, objectives, and strategies to guide the City's major efforts during the next five years. The Strategic Plan identified seven key goals that served as the focus for the development of the objectives and strategies. One of the key strategies is to complete a comprehensive update of the City's General Plan including the development of policies and implementation measures that directly relate to the goal of equitable economic development. The General Plan Update was initiated in November 2015. The Planning Division in collaboration with the Community Engagement and Neighborhood Initiatives Program conducted an extensive community outreach effort between December 2015 and July 2016. Designed to define the character of our city, the first outreach effort asked community members what they enjoyed most about their neighborhood and their city and to describe their greatest concerns about their neighborhood and city. Participants included residents, local leaders, the business community, community stakeholders, advocacy group representatives, and a summer program led by local youth focused on youth concerns. In all, over 40 public meetings or events were held with 457 people participating. The results were summarized in the Santa Ana General Plan Update Community Outreach Executive Summary distributed to City Council in October 2016. In order to guaranty the community's stated goals and vision are embodied in the new plan, a General Plan Advisory Group (GPAG) was formed in January 2017 to extrapolate the issues and incorporate the input from the community outreach effort. The 18 individuals invited to participate in the General Plan Advisory Group reflected our diverse community with senior, youth, business, neighborhood, and other community representatives. The General Plan Advisory Group also 65G-1 City of Santa Ana General Plan Update June 5, 2018 Page 2 included members of City Boards and Commissions and the Santa Ana Unified School District. Initially, the group refined the issues. The group then produced a draft vision statement for the City. For each of the General Plan elements, the GPAG refined draft goals and policies and produced a conceptual Land Use Map. This work effort will become the basis for the policy framework as part of the General Plan document. In December 2017, the City Council approved the Memorandum of Understanding with Southern California Association of Governments (SCAG) and contract agreements for planning consultants to provide technical support as part of a Sustainability Planning Grant for $325,000 by SCAG. Staff has commenced technical work coordination with consultants in preparation of the draft document and evaluation of land use focus areas. Currently, staff is preparing 'a draft General Plan policy framework for future City Council consideration. In addition, a second community outreach will be initiated. Based on the initial community outreach effort and the GPAG work, the policy document will include a vision statement, goals, policies, and land use map alternatives. Staff anticipates completion of the General Plan Policy Framework by the end of 2018 and completion of second community outreach effort during the first half of 2019. The following are key milestones and next steps towards completion of the General Plan: • Secure funding for General Plan Environmental (EIR)/Technical Studies (Summer 2018) • Vision, Core Values and Land Use Study Areas — Council Study Session (Summer 2018) • Kick Off Community Outreach Program Phase 2 (Summer 2018) • RFP for EIRlfechnical studies consultant — (Fall 2018) • Draft General Plan Policy Framework completed (Winter 2018) • EIR Complete (Spring 2020) • Adoption of General Plan Update (Spring 2020) The total cost for the comprehensive update to the City's General Plan is estimated at approximately 3 million dollars with a projected completion date of March 2020. FY2015-16, PBA was appropriated 1 million dollars through the Addressing Maintenance Enhancing Services (AMES) Plan. At the conclusion of FY2017-18, total expenditures from the AMES Plan are projected to be $850,000 and the remaining balance of $150,000 will carry forward to FY2018-19. Projected expenditures for FY2018-19 and FY2019-20 are $2,155,570. Of this amount, approximately $475,000 will be sourced from grant dollars from SCAG and the South Coast Air Quality Management District (SCAQMD); $150,000 AMES Plan balance carry forward; $30,570 from PBA's operational accounts; and anticipated $1.5 Million in General Funds. 65G-2 City of Santa Ana General Plan Update June 5, 2018 Page 3 STRATEGIC PLAN ALIGNMENT The General Plan Update 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 A (Complete a comprehensive update of the City's General Plan including the development of policies and implementation measures that directly relate to equitable economic development). FISCAL IMPACT There is no fiscal impact with this action. Minh Thai Executive Director Planning and Building Agency VC:rb S:RFCAIOB-05-1 B\GenemIPlanUpdate CC 6 5 18 65G-3 65G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: PUBLIC HEARING — FISCAL YEAR 2018-19 CITY BUDGET (STRATEGIC PLAN NO. 4, 2A) CLW MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the use of Unassigned Fund Balance ("One -Time Monies") from the General Fund up to $10.2 million for balancing the fiscal year 2018-19 budget. 2. Adopt an ordinance appropriating funds for the fiscal year commencing July 1, 2018, (EXHIBIT 1). 3. Adopt a Seven -Year Capital Improvement Program (CIP) beginning fiscal year 2018-19 through fiscal Year 2024-25 per Orange County Transportation Authority (OCTA) Measure M2 eligibility requirement. 4. Adopt a resolution to amend and reestablish the City's basic classification and compensation plans (EXHIBIT 2). 5. Record certain unclaimed deposits within the Treasurer's Trust Fund and appropriating the same into the General Fund revenue account and City Services Fund revenue account(s). Record certain unclaimed deposits within the Bulk Water Deposits Fund and appropriating the same into the Water Utility Fund revenue account. DISCUSSION On May 1, 2018, the City Council was provided both a fiscal year 2017-18 Third Quarter Update and fiscal year 2018-19 General Fund Trial Budget presentation. Included within the presentations were a set of governing principles, developed in collaboration with the Executive Management Team, as the basis for the development of the Proposed fiscal year 2018-19 budget. These governing principles include: 75A-1-1 Public Hearing — Fiscal Year 2018-19 City Budget June 5, 2018 Page 2 • Be transparent and honest about the problem • Use a comprehensive approach for all funds • Establish a vision, develop a budget that promotes long-term sustainably, implement best practices and utilize a combination of cost reductions and revenue increases. • Use a multi -year approach to achieve financial stability. • Identify core services and focus on funding core services • Provide clear vision and direction from leadership • Engage in a collaborative approach Utilizing these principles, staff presented a historical overview of current revenue and expenditure trends, a timeline of major budget changes, and a summary of increases to the general fund base budget. As a result, staff presented a Structural Deficit (Deficit) of $17.1 million for the General Fund for fiscal year 2018-19. To address the $17.1 million deficit, a budget plan was presented which included a combination of cost reductions, revenue increases, use of unallocated fund balance and one-time revenues to minimize the impact. On May 15, 2018, the Proposed fiscal year 2018-19 Budget was presented at a City Council work study session. The presentation highlighted the following: Staff held seventeen budget outreach meetings to the community, City employees and bargaining unit leadership; identified citywide needs and priorities; revenue opportunities; citywide and general fund budgets; additional workforce changes; miscellaneous fees and the City's Proposed Capital Improvement Program. City staff will continue to operate under the governing principles and budget framework while striving towards a path of long-term fiscal stability and sustainability. FISCAL YEAR 2018-2019 CITY BUDGET The Fiscal Year 2018-19 City Budget (EXHIBIT 4) fulfills the City's purpose of providing quality service to enhance the safety, livability and prosperity for our community. In alignment with the seven Strategic Plan goals of Community Safety; Youth, Education and Recreation; Economic Development; City Financial Stability; Community Health, Livability, Engagement & Sustainability; Community Facilities & Infrastructure; and Team Santa Ana. The budget includes funding for the following: continued funding of the City Council approved Strategic Plan, funding addressing homeless related issues, implementation of the Zoo Master Plan, enhanced public safety utilizing community policing, youth summer programs, additional funding for the General Plan update, and continued investment in the City' infrastructure through its Capital Improvement Program. The total annual proposed budget for fiscal year 2018-19 is $547.2 million. Incorporated are funded appropriations related to the General Fund, Internal Service, Enterprise, Special Revenue, Housing, and Community Development fund(s) along with Capital Improvement Projects. The Proposed fiscal year 2018-19 General Fund budget is $260,360,000 million and equates to approximately 48% of the total annual proposed budget. Pending City Council approval, the fiscal year 2018-19 Proposed City Budget includes ongoing revenues and ongoing expenditures along with the use of Unallocated Fund Balance totaling approximately $10.2 million. The General Fund supports those functions most commonly associated with city government such as police, fire, recreation, library, planning and building, street maintenance and general city administration. 75A-1-2 Public Hearing — Fiscal Year 2018-19 City Budget June 5, 2018 Page 3 In addition, the FY 2018-19 General Fund Budget includes funding for the following programs and/or services: • Additional General Plan Funding • Sanitation Fund Compliance • City Elections Costs (projected) • Salary Matrix Conversion/Payroll Manager CAPITAL IMPROVEMENT PROGRAM (CIP) The proposed City's Capital Improvement Program (EXHIBIT 5) for fiscal year 2018-19 totals $40.1 million. The program includes the following initiatives: continued planning and development of the OC Streetcar Project; traffic improvements including the addition of protected bike lanes, continuation of Safe Routes to Schools; park improvements for Roosevelt/Walker Center and 6th and Lacy parks; installation of security lighting and cameras for park safety; street improvements for ongoing residential street repair and arterial streets, and funding in public utility improvements such as the street lighting project. The Seven -Year CIP of $94.9 million from fiscal year 2018-19 to 2024-25 includes utilizing various funding sources such as Gas Tax and OCTA Measure M2 funding for street improvements over the next seven years. WORKFORCE CHANGES In regards to proposed workforce changes for fiscal year 2018-19, there is a net total of five new full-time positions, as well as the reallocation of eighteen positions. In addition, the proposed resolution amends prior resolutions by adding and changing a number of classification titles to reflect the proposed workforce changes. For fiscal year 2018-19, the total full-time authorized position count will increase to 1,172 which includes 57 unfunded positions. RECORDING OF UNCLAIMED DEPOSITS As part of the Finance and Management Services Agency (FMSA) ongoing due diligence efforts along with discussion with various City Departments, it was determined that certain deposits made with the City are eligible to be recorded as revenue to both the Water Enterprise and General Fund due to the said deposits being unclaimed. Thus, unclaimed deposit(s) are eligible to be recorded as revenue to the City in accordance with the applicable Government Code Section. However, to ensure the public was aware of the existence of unclaimed deposits on file with the City, FMSA in conjunction with the City Attorney's Office prepared a Public Notice and subsequently released on April 7, 2018 (see Exhibit 5). The City did not receive any claims by May 22, 2018 (45 days from Public Notice). As a result, the unclaimed deposits held by the City are eligible to be recorded as City revenue. The majority of the unclaimed deposits (Fund 098), in the amount of $998,915.66, will be utilized as a one-time funding source for the following projects: Partial Funding of the November 2018 Election Costs ($325k); Partial General Plan Funding ($250k); and Matrix/Time Entry System Upgrade/Administration ($300k). Unclaimed Deposits, related to Water Services, approximating $705,752.84 (as of May 22, 2018) will be recorded from the Bulk Water Deposits to the Water Enterprise Fund for future appropriation. 75A-1-3 Public Hearing — Fiscal Year 2018-19 City Budget June 5, 2018 Page 4 In addition, the City Services Fund (Fund 053) was established in July 2017 as a means for City departments to continue accepting deposits on behalf of outside parties commonly referred as pass-thru activities. The activity previously recorded in the Treasurer's Trust (Fund 098) will be included within the City Services Fund beginning July 1, 2018. Departments are aware that established accounts within the City Services Fund will require documentation identifying the source of deposits (e.g. date, name of the party, and amount). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #2, (Provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (Adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT With approval of the proposed fiscal year 2018-19 budget, $547,152,726 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of those amounts, $260,360,000 will be appropriated to the various general fund operating departments. Recording of unclaimed deposits: Effective July 1, 2018, the following unclaimed deposits maintained in the fund(s)/account(s) noted below will be reclassified utilizing the balance noted on July 1, 2018 as follows: 1) Reclassify the following I. 09201001-24000 — Trust and Agency - $166,271.65 II. 09201001-24029 — Contractor Water Deposit - $529,796.45 to the Water Enterprise 06017002-57010-Miscellaneous recoveries III. Remaining Balance in 09201001-24000 (after deducting #1 above) will be reclassified to the Water Enterprise Fund 06001001-24000 2) Reclassify, the following accounts balances noted as of July 1, 2018 in the Treasurer's Trust (Fund 098) to the General Fund Revenue — Miscellaneous Recoveries (01102002- 57010) in the amount of $998,915.66: Fund Account Account Description Amount 098 24002 Candidate Statement Fee $ 13,563.61 098 24014 Building/Planning In -Lieu Fees $ 95,751.00 098 24001 Senator Feinstein Function $ 527.63 098 24005 Hazard Remediation — 1300 W. Edinger $ 20,000.00 098 24006 Bicycle Locker Deposits $ 381.25 098 24008 Recreation Parks Security Deposits $ 74,681.67 098 24010 Volunteer Firefighter Deposits $ 3,700.00 098 24016 World Oil 1702 N. Broadway $ 10,034.00 098 24017 Public Works -Water Services Application $ 14,400.00 098 24019 Public Works Street Work Permits $600,000.00 098 24020 Public Works/Cash Deposits $165,847.77 098 24038 O.C. City Clerk Meeting $ 28.73 75A-1-4 Public Hearing — Fiscal Year 2018-19 City Budget June 5, 2018 Page 5 Reclassify the account balance as of July 1, 2018 in the Treasurer's Trust (Fund 098) for the following accounts (noted below) to the City Services (Fund 053) various balance sheet, revenue and/or expenditure accounts: Fund Account Account Description Amount* 098 24000 Trust & Agency $ 79,734.54 098 24003 Police Treasury Agency Fund $ 235,052.24 098 24011 Police Reward Program $ 177,589.57 098 24015 Building/Planning Cash Bonds $ 492,015.02 098 24019 Public Works Street Permits** $ 3,027,409.47 098 24041 Bequest of Mary Muth-COSA Homeless Pgm $ 28,201.96 098 24045 PBA Accelerated Plan Check $ 185,891.02 098 24046 Medical Marijuana Dispensaries $ 34,819.04 *Balance as of May 31, 2018 and is subject to change due to transactions thru June 30, 2018 **Balance is $600,000 less due transaction noted above APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency J �� tig 151 Exhibits: 1. Ordinance (Budget and CIP) 2. Resolution (City's Basic Classification and Compensation Plan) 3. Fiscal Year 2018-19 City Budget http://santa-ana.orq/finance/budget/defauIt.asp 4. Capital Improvement Program 5. Public Notice — Unclaimed Deposits 75A-1-5 75A-1-6 EXHIBIT 1 LS 6.5.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2018 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Manager has prepared and submitted to the City Council, pursuant to Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2018. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as herein stated, together with any supplemental revisions and amendments thereto, was approved, adopted, and fixed by the City Council as the budget of the City for fiscal year 2018-2019, commencing July 1, 2018, in the amounts and for the funds, purposes, functions, department activities, and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update per Orange County Transportation Authority Measure M2 eligibility requirement. The adopted budget, including any supplemental revisions and amendments, together with a copy of the appropriation ordinance, shall be placed in the official files of the Clerk of the Council. Section 2. There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective object and purposes specified in that certain document entitled " Fiscal Year 2018-2019 City Budget", a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2018-2019, the several amounts stated as proposed expenditures from such funds, respectively, in those columns of the Budget that are headed "FY 18-19". Each aggregate of expenditures so specified in the Budget for the fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter, except that as to any office, department, Ordinance No. NS- Page 1 of 4 75A-1-7 or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of the Budget, the aggregate expenditure authorized for all programs in Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter. Section 3. The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in the Budget. Section 4. No warrant shall be issued or indebtedness incurred for any purpose that exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the City Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his/her opinion, such revisions are necessary and proper. Section 5. In accordance with Governmental Accounting Standards Board Statement 54, the City Manager or his/her designee is hereby authorized, as of the date of this ordinance, to allocate assigned governmental funds' balances to specific programs and activities as deemed necessary and proper. Section 6. The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in the Budget in such amounts and at such times during the fiscal year as he/she may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. Section 7. One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. Section 8. The City Council of the City of Santa Ana hereby adopts the updated Seven -Year Capital Improvement Program, as set forth in the 2018-2019 City Budget. Section 9. Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2018. Section 10. The Clerk of the Council shall cause the title of this ordinance to be published as required by law. Section 11. All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and Ordinance No. NS- Page 2 of 4 75A-1-8 which is currently on file with the Executive Director of Human Resources, is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: ABSTAIN: NOT PRESENT: Ordinance No. NS- Page 3 of 4 Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 75A-1-9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date Ordinance No. NS- Page 4 of 4 Clerk of the Council City of Santa Ana 75A-1-10 RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On June 16, 2015, the City Council adopted Resolution No. 2015-026 amending and re-establishing the Basic Classification and Compensation Plan for all Full -Time and Part -Time Classifications of Officers and Employees of the City of Santa Ana. C. It is the City's practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates. D. The Human Resources Department has completed a review of the various departmental requests to make changes to the City's organizational structure, classification titles, and staffing which revealed the need to effect certain changes to the City's basic classification and compensation plans. E. The City Council has amended and reestablished the Basic Classification and Compensation Plan on numerous occasions since adoption. F. It is now desired to amend Council Resolution No. 2015-026, as amended, in order to effect these changes, as shown below: Resolution 2018-XXX Page 1 of 5 EXHIBIT 2 75A-1-11 Section 2: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "A" as follows: A. Changing the title for the full time classification title at the monthly fifteen - step salary rate range indicated: 15-Step Salary Rate Range Effective 09/19/17 TO: Monthly Salary Classification Title SSR Minimum -Maximum Executive Dir of Human Resources (EM) EM-37 $11273-$15926 15-Step Salary Rate Range Effective 09/19/17 FROM: Monthly Salary Classification Title SSR Minimum -Maximum Executive Dir of Personnel Services (EM) EM-37 $11273-$15926 Section 3: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "E" as follows: A. Changing the title for the full time classification title at the monthly seventeen -step salary rate range indicated: 17-Step Salary Rate Range Effective 09/01/17 TO: Monthly Salary Classification Title SSR Minimum -Maximum Assistant Dir of Human Resources (MM) MM-26 $9821-$14576 17-Step Salary Rate Range Effective 09/01/17 FROM: Monthly Salary Classification Title SSR Minimum -Maximum Assistant Dir of Personnel Services (MM) MM-26 $9821-$14576 B. Changing the salary rate range for the full time classification title at the monthly seventeen -step salary rate range indicated: Classification Title FROM: Risk Manager (MM) 17-Step Salary Rate Range Effective 09/01/17 Monthly Salary SSR Minimum -Maximum MM-23 $9118-$13538 TO: Risk Manager (MM) MM-22 $8898-$13207 Resolution 2018-XXX Page 2 of 5 75A-1-12 Section 4: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "E" as follows: A. Adding the following full time classification title at the monthly five -step salary rate range indicated: 5-Step Salary Rate Range Effective 09/01/17 Monthly Salary Classification Title SSR Minimum -Maximum Payroll Manager (AM) AM-750 $8798-$10696 Section 4: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "B" as follows: A. Changing the title for the following full time classification titles at the monthly six -step salary rate range indicated: TO: Classification Title Human Resources Analyst (UC) Human Resources Exec Secretary (UC) Human Resources Secretary (UC) Human Resources Receptionist (UC) Human Resources Specialist (UC) Human Resources Technician (UC) Police Human Resources Specialist Sr. Human Resources Analyst (UC) Sr. Human Resources Receptionist (UC) Sr. Human Resources Specialist (UC) Sr. Human Resources Technician (UC) 6-Step Salary Rate Ranae Effective 09/01/17 Monthly Salary SSR Minimum -Maximum 663 $5755-$7344 610 $4439-$5670 589 $4010-$5118 571 $3669-$4684 581 $3852-$4919 622 $4708-$6013 602 $4186-$5346 707 $7133-$9102 589 $4010-$5118 602 $4270-$5453 642 $5194-$6630 FROM: 6-Step Salary Rate Range Effective 09/01/17 Monthly Salary Classification Title SSR Minimum -Maximum Personnel Analyst (UC) 663 $5755-$7344 Personnel Exec Secretary (UC) 610 $4439-$5670 Personnel Secretary (UC) 589 $4010-$5118 Personnel Services Receptionist (UC) 571 $3669-$4684 Personnel Services Specialist (UC) 581 $3852-$4919 Personnel Technician (UC) 622 $4708-$6013 Police Personnel Services Specialist (UC) 602 $4186-$5346 Sr. Personnel Analyst (UC) 707 $7133-$9102 Resolution 2018-XXX Page 3 of 5 75A-1-13 Sr. Personnel Receptionist (UC) 589 $4010-$5118 Sr. Personnel Services Specialist (UC) 602 $4270-$5453 Sr. Personnel Technician (UC) 642 $5194-$6630 B. Adding the following full time classification title at the monthly six -step salary rate range indicated: 6-Step Salary Rate Range Effective 09/01/17 Monthly Salary Classification Title SSR Minimum -Maximum Human Resources Systems Analyst (UC) 708 $7168-$9147 Section 5: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "F" as follows: A. Adding the following full time classification title at the monthly seven -step salary rate range indicated: 7-Step Salary Rate Range Effective 09/01/17 Monthly Salary Classification Title SSR Minimum -Maximum Water Systems Electrician 666 $5382-$7211 Section 6: All salary rate range classifications are set forth in the City's "Salary Schedule" as periodically updated. Section 7: That except as amended by this Resolution, all other provisions of Resolution No. 2015-026 shall remain in full force and effect Section 8. This Resolution is operative from and after the date upon which it is adopted. ADOPTED this 5th day of June, 2018. Miguel A. Pulido Mayor Resolution 2018-XXX Page 4 of 5 75A-1-14 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By; oaouvtat, A, 1 &4-4. - Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-_ to be the original Resolution adopted by the City Council of the City of Santa Ana on June 5, 2018 Date: Resolution 2018-XXX Page 5 of 5 Clerk of the Council City of Santa Ana 75A-1-15 75A-1-16 Exhibit 3 Fiscal Year 2017-18 City Budget is located http://santa-ana.org/finance/budget/default.asp 75A-1-17 75A-1-18 2018/ 2019 Ww Y yis �...��. l�I ip RrT' seyA r K''} �• i ki i l f �I� ;LI�SANT�AI'ANA -n 1 .y a a a v C U a X o mc� �r�co �7..0a04 @ c yew NQ♦— @ — Q @ •0 IW- t =) E O C G7 coU N a)� O 0) c �0Q zo W m @ a) N L Q cA a) N C— N a)LL O coL w a) O a> 0 0 N �0 -= N O. Co N C U@ O C OE S @Q :3 TC O T� om co) cu 0 C U C cm 2t.o y�wQ a) ) aU Q: U a) C p C w @" W U O� Q fn U d W UU min a.cQL m O— .- CD y C G2 Nam.. Co 72 OAF---w mQH ccpLU=, y T N a) d O a 0 C C LL@0C7E C @ C: .. 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'� '2 :! �, § % �| . u � ; . .■ �! �! ) } :� A , :, :/ :2 § ± �� § k�(;`,~ ! �� }� ■ ��| \ 4 e 75A.1-115 W 0 N h Q v kF 1 I I � 1 1 1 I 1 1 1 � �N p p 1 I I o pp i0 I 1 1 1 a E w c V w 75A-1-116 rN�l [ A � « ;# �■ « �! # �$ � § § 2 .] 't / ' \ O .{ § I :® ■:« 2 = .. § ; .a } \ \ 75A.1-118 «�% «�■ #�% \�\ \�■ \;! 75A.1.119 ■ K�#�#�K�#�#� & ■ § b b 4 } � e�"�®� �e�■� k � 2 2 \ � E � \.l'2.\,2-t; kk ■ §7�{�}}� k law;/;\;j;�;■; � ■ \ } } W _ CC V CC _ C N1 IA T N P i b O P I I N I I I 'p O P gg O � M I I I I I W P N W N I I I I I I I O O O I O O N N _ V O I I I I 1 I I W I 0 0 0 Vi n 0 e H � N r' t I I 1 I 1 1 I I 1 1 I I F 75A-1-120 CITY OF SANTA ANA SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM 5nm:018 FY 2018/2019 - FV 2024/2025 "OTHER" FUNDING SOURCES (1) ROAD MAINTENANCE AND REHABILITATION ACCOUNT (2) ACTIVE TRANSPORTATION PROGRAM SBI AUGMENTATION (3) PUB WKS • STORM DRAM CONST AREA 11 (4) OCTA OC STREETCAR FUNDS (5) AFFORDABLE HOUSING SUSTAINABLE COMMUNITIES (6) ACTIVE TRANSPORTATION PROGRAM (7) CONGESTION MANAGEMENT AND AIR QUALITY (8) CELL TOWER REVENUE (9) PRCSA FEE R DONATION (10) GENERAL FUND (11) PUB WKS - STORM DRAM CONST AREA III (12) FEDERAL CLEAN WATER ENTERPRISE (13) STATE RESOURCES AGENCY GRANT 75A-1-121 � 2y ` z , \ - ■ §2 \ 2§n a>k : � ! -ff § ( 96 r �o § > ! ! ! ! ! ! ƒ u / / / \ \ ) § § ( § § � § ; 75A.1-122 CALIFORNIA NEWSPAPER SERVICE BUREAU DAILY JOURNAL CORPORATION Mailing Address: 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (213) 229-5300 / Fax (213) 229-5481 Visit us @ W W W.LEGALADSTORE.COM NORMA OROZCO SANTA ANA/CITY CLERK 20 CIVIC CENTER PLAZA M-30 SANTA ANA, CA 92701 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description UNCLAIMED MONEY To the right is a copy of the notice you sent to us for publication in the THE REGISTER. 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Call your local BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 6404829 SAN JOSE POST -RECORD, SAN JOSE (408)2874866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 CNS 3118983 PUBLIC NOTICE OF UNCLAIMED MONEY HELD BY CITY OF SANTA ANA This is a public notice that the City of Santa Ana ("City") is in Possession of certain refundable monies in connection with the following list noted below in the total amount of approximately $1,694,983.76. These depositors are no longer on file with the City. The above funds were collected/received by the City of Santa Ana. The funds have been deposited into the City's dpignaled financial Institution's general operating account ("Unclaimed Monies"). Pursuant to Government Code section 50050 e1 sea it Is Proposed the Unclaimed Monies shall become the Property of the City on May 22, MIS. establish any claim, and may accept or relect a claim. If the claim is rejected, the claimant mar file a verified complaint seeking to recover all, or a designated part, of the Unclaimed Monies in a court of competent iurisdiction within Orange County and III I II II II I II II I I III II I I I III III * A 0 0 0 0 0 4 7 1 8 9 0 2 75A-1-123 EXHIBIT 5 serve a copy of the complaint and summons upon the City Treasurer. A COPY Of the complaint and summons must be served within thirty (30) days of receiving the City's notice the claim was reiected. Further information regarding the Unclaimed Monies may be obtained from the City Treasurer, City of Santa Ana, 20 CIVIC Center Plaza, Santa Ana, California 92702. 75A-1-124 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: FISCAL YEAR 2018-2019 MISCELLANEOUS FEE RESOLUTION (STRATEGIC PLAN 4, 2A) `` CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Sat Public Hearing Far_ CONTINUED TO FILE NUMBER Adopt a resolution establishing the Fiscal Year 2018-2019 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution (Exhibit 1) comprises of various charges (Fees) assessed upon individuals seeking services of value from the City, including but not limited to building and enterprise related fees. These Fees are intended to recover the reasonable costs, incurred by the City, which are associated with delivering the corresponding services. Annually, the Fees and services associated with the Miscellaneous Fee Resolution are reviewed by each City Department, to ensure the assessed Fee is adjusted to reflect the costs currently incurred by the City. As a means to ensure the City recovers the necessary costs in providing the service, Staff reviews the Consumers Price Index (CPI) -Urban, All Services Component, for the Los Angeles -Riverside -Orange County area as of December 31, 2017. The analysis disclosed the CPI increased 3.88% for the most recently completed twelve months. The CPI increase is reflected in the proposed Miscellaneous Fee Resolution for the upcoming fiscal year (2018-19). Furthermore, the FY 2018-19 Miscellaneous Fee Schedule (Schedule) identifies all fees assessed as well as proposed new fees and those recommended for adjustment (Exhibit 2 and Exhibit 3). In addition, Staff has engaged a consultant to review the Fees to determine if the assessed amount recovers the cost of providing the service. It is anticipated that the report will be completed during mid to late fiscal year 2018-19. Furthermore, the Resolution includes the continued waiver of the Credit Card Processing fee, establishment of fifteen new fees, modification of eight existing fees and the deletion of nine fees. All proposed fee changes become effective July 1, 2018. 75A-2-1 Fiscal Year 2018-2019 Miscellaneous Fee Resolution June 5, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #2, (provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT The proposed fee schedule will generate additional revenue that will be appropriated to the City's various funds, departments, programs and enterprise activities. Francisco Gutierrez Executive Director Finance and Management Services Exhibits: 1. Resolution 2. Miscellaneous Fees Schedule 3. Summary of Proposed New, Modified and Deleted Fees 75A-2-2 EXHIBIT 1 LS 6.5.18 RESOLUTION NO.2018-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2018-2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon those persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2018-2019 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2018-2019, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 3.88%, so that certain proposed fees for Fiscal Year 2018-2019 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumer Price Index -All Urban Consumers Component for the Los Angeles -Riverside -Orange County area (CPI) in a twelve month period ending December 31, 2017. E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 3.88% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 3.88% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Similarly, in a few limited circumstances, agencies have determined that the fee should be deleted; new charges should be added or modified; or, existing charges raised beyond this 3.88%. Such charges are listed in the 'Proposed New Miscellaneous Fees' and 'Proposal to Modify Existing Resolution No. 2018-XXX 75A-2-3 Page 1 of 3 LS 6.5.18 Fees', attached to the staff report submitted for this matter and made a part hereof by this reference. F. In order to have a single comprehensive document for Fiscal Year 2018- 2019, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. G. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. H. Based upon the testimony, reports and other evidence submitted on this matter, this City Council makes the above -specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2018-2019 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2017-025 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2017-025 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2018. Resolution No. 2018-XXX Page 2 of 3 75A-2-4 LS 6.5.18 ADOPTED this _day of June, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: CG(-r zz��- 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 the attached Resolution No. 2018-xxx to be the original resolution adopted by the City Council of the City of Santa Ana on June , 2018. Date: Clerk of the Council City of Santa Ana 75A-2-5 Resolution No. 2018-XXX Page 3 of 3 75A-2-6 FY 2018-19 PROPOSED MISCELLANEOUS FEES SCHEDULE June 5, 2018 If you have any questions regarding the fees or rates in this document, please contact the appropriate departmental representative listed below: Section Representative Phone ALL DEPARTMENTS Budget Office 647-5420 CLERK OF THE COUNCIL Maria D. Huizar 647-6520 COMMUNITY DEVELOPMENT AGENCY Susan Gorospe 647-5376 FINANCE & MANAGEMENT SERVICES Will Holt 647-5440 FIRE SERVICES Arturo Rodriguez 647- 6953 LIBRARY Silvia Cuevas 647-5254 PARKS, RECREATION & COMMUNITY SERVICES Francisco Arroyo 571-4218 PLANNING & BUILDING AGENCY Mario Espindola 667-2717 POLICE DEPARTMENT Robert Carroll 245-8135 PUBLIC WORKS AGENCY Margaret Mercer 647-5050 If you have any questions regarding the Miscellaneous Fee Process, please contact the Budget Office at 647-5420. 75A-2-8 TABLE OF CONTENTS Section Department I ALL DEPARTMENTS II CLERK OF THE COUNCIL III COMMUNITY DEVELOPMENT AGENCY IV FINANCE & MANAGEMENT SERVICES V FIRE SERVICES VI LIBRARY VII PARKS, RECREATION & COMMUNITY SERVICES VIII & IX PLANNING & BUILDING AGENCY X POLICE DEPARTMENT XI PUBLIC WORKS AGENCY Appendix Summary of Proposed New and Modified Fees 1 6 7 8 10 13 15 21 67 75 80 75A-2-9 This Page Intentionally Left Blank 75A-2-10 RESOLUTION 2011l REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION I ALL DEPARTMENTS Certification - Any Public Record Proof of Residency/Living Certification Copy of Public Records (from Paper, Fax, Microfilm, or Other Media) In General (excluding Police Accident Reports) Size up to 81/2" x 14" Oversized (larger than 81/2" x 14') Postage Charges DVD or CD with records Subpoena Duces Tecum -some as above general fees plus the fallowing: Special reproduction charges (if any) Labor charges per person for locating and preparing documents' Charges paid to a third person for retrieval and return of records held by that third person Witness Fees' Police/Fire at tender of Subpoena plus full cost that city incurs in terms of salary and traveling expensesforemployee All other Employees at tender of Subpoena plus full cost that city incurs in terms of salary and traveling expenses for employee z LtIIL`I1� Each Each Each Page Each Page Each Each Each Hour Quarter hour or fraction thereof Each Per Day Per Day Mileage Fees (per mile, each way) Each NOTE: Copies of maps, documents, graphs, orspeciol work may be furnished upon the payment of the cost of printing and preparation. In cases where a regular establishedprice is unavailable, the Department Head, in collaboration with the Executive Director of Finance & Management Services, may establish a price consistent with the cost of printing and preparation thereof. The Executive Director of Finance & Management Services shall report such exceptions to the City Manager. It shall be the responsibility of the City Manager to review costs annually and make such recommendations to the City Council as required to keep rates consistent with costs. Government agencies and their official representative(s) shall be exempt from paying these charges forsingle copies for official use. Preparation of Administrative Records Deposit to be applied to copy charges of $0.20 per page. Deposit -Flat Rate 3.81% PROPOSED FY 17-18 FY 18-19 FEES FEES 3.25 3.38 10.34 10.74 0.20 0.21 Actual Cost Actual Cost Actual Cost Actual Cost 5.73 5.95 Actual Cost Actual Cost 24.00 24.93 6.00 6.23 Actual Cost Actual Cost 275.00 285.67 275.00 285.67 275.00 285.67 0.20 0.21 122.28 127.02 75A-2-11 1 RESOLUTION 2018-)00( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTMENTS Subscriptions Agenda es' Eeeneil Amwel 63.85 Bealds"Ge", issieris -Refer to Summary of New, Modified & Deleted Fees Anrlea! 4i.93 Conforms to California Government Code Section 68096.1 and 68097.2 City Council Agenda and Minutes can be obtained at no charge(rom the City's internet website of www.sunto-ono.org Santa Ana Municipal Code (SAMC) and Supplements (order directly by calling Municipal Code Corporation at 1-800-262-2633) Building Rental Fees Santa Ana Regional Transportation Center (SARTC) Facility Rental for Special Events Per Reservation 4,163.03 Group 1 City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group Resident .not -far -profit civic, social, and religious organizations. Group Nonresident not -for -profit civic,social, and religious organizations. Group Resident commercial, business, and for -profit organizations. Groups Nonresident commercial, business, and for -profit organizations. Facility Group Group Group Group Groups Police Facility Community Room Up to 3 hours Proposed 3.88% Each additional hour Proposed 3.98% Cleaning Deposit (may be refundable) Proposed 3.88% SARTC Lobby Per Hour Proposed 3.88% Lobby Cleaning Deposit Proposed 3.880A SARTC Courtyard Per Hour Proposed 3.88% Courtyard Cleaning Deposit Proposed 3.88% N/C 149.71 299.42 207.37 432.50 155.52 311.03 215.42 449.28 N/C 47.69 96.48 68.76 144.17 49.54 100.23 71.42 149.76 230.66 230.66 230.66 230.66 230.66 238.41 239.61 239.61 239.61 239.61 N/C 186.81 248.36 185.73 309.90 194.05 257.99 192.93 321.93 221.36 221.36 221.36 221.36 221.36 228.80 229.95 229.95 229.95 229.95 N/C 61.55 91.78 61.55 123.09 63.94 95.34 63.94 127.87 111.22 111.22 111.22 111.22 111.22 115.54 115.54 115.54 115.54 115.54 4,324.56 75A-2-12 z RESOLUTION 2018-700( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTMENTS SARTC Meeting Room Up to 3 Hours N/C 79.91 160.89 111.22 234.32 Proposed 3.880A 83.01 167.13 115.54 243.41 Each Add. Hour N/C 18.36 31.31 23.76 48.59 Proposed 3.881A 19.07 32.53 24.68 50.48 Cleaning Deposit (may be refundable) 230.66 230.66 230.66 230.66 230.66 Proposed 3.88% 239.61 239.61 239.61 239.61 239.61 Facility Group Group Group Group Groups SARTC - Suite 100 Up to 3 hours N/C 560.42 1,120.84 784.59 1,569.18 Proposed 3.88% 582.17 1,164.33 815.04 1,630.06 Each additional hour N/C 134.98 269.95 188.97 377.93 Proposed 3.88% 140.21 280.43 196.30 392.60 Cleaning Deposit 230.66 230.66 230.66 230.66 230.66 (may be refundable) Proposed 3.88% 239.61 239.61 239.61 239.61 Lawn Bawling Clubhouse N/C 58.61 117.22 84.14 174.67 Proposed 3.88% 60.88 121.77 87.40 181.45 Southwest5r. Center California Room N/C 104.45 175.26 117.22 210.07 Proposed 3.88% 108.51 182.06 121.77 218.22 Dining Room N/C 34.81 55.71 41.79 84.16 Proposed 3.88% 36.16 57.88 43.41 87.42 Kitchen N/C 27.86 41.79 34.81 55.71 Proposed 3.88% 28.94 43.41 36.16 57.88 Conference Room N/C 34.81 55.71 41.79 84.16 Proposed 3.88% 36.16 57.88 43.41 87.42 Santa Ana Sr. Center Main Room N/C 107.27 179.99 120.38 215.74 Proposed 3.88% 111.44 186.98 125.05 224.11 Dining Room N/C 34.81 55.71 41.79 84.16 Proposed 3.88% 36.16 57.88 43.41 87.42 Kitchen N/C 27.86 41.79 34.81 55.71 Proposed 3.88% 28.94 43.41 36.16 57.88 Classroom N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 75A-2-13 3 RESOLUTION 2018-%)0( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION 1 ALL DEPARTMENTS Salgado Community Center Meeting Room N/C 38.30 77.76 55.71 111.99 Proposed 3.88% 39.79 80.78 57.98 116.34 Meeting Room B N/C 19.15 38.29 27.86 55.70 Proposed 3.88% 19.89 39.78 28.94 57.86 Kitchen N/C 14.52 29.01 20.32 41.79 Proposed 3.88% 15.08 30.14 21.10 43.41 Gymnasium N/C 73.12 146.24 104.45 210.07 Proposed 3.88% 75.96 151.91 108.51 218.22 Facility Group 1 Group 2 Group 3 Group 4 Group 5 Garfield Community Center Multi -Purpose Room N/C 96.73 162.31 108.55 194.54 Proposed 3.88% 100.48 168.61 112.76 202.09 Dance Room N/C 32.24 51.60 38.70 77.94 Proposed 3.88% 33.49 53.60 40.20 80.96 Jerome Recreation Center Social Hall N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 Class Room N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 Kitchen N/C 14.52 29.01 20.32 41.79 Proposed 3.88% 15.08 30.14 21.10 43.41 Gymnasium N/C 70.98 141.97 101.40 203.94 Proposed 3.88% 73.74 147.48 105.34 211.85 El Salvador Center Social Hall N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 Class Room N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 Kitchen N/C 14.52 29.01 20.32 41.79 Proposed 3.88% 15.08 30.14 21.10 43.41 Memorial Center Social Hall N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 Class Room N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 Log Cabins N/C 9.86 19.15 13.93 20.32 Proposed 3.88% 10.24 19.89 14.47 21.10 Corbin Center (oer room) N/C 19.15 38.30 27.86 55.71 Proposed 3.88% 19.89 39.79 28.94 57.88 75A-2-14 4 RESOLUTION 2018-)= 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTMENTS Hector Godinez High School Class Room Proposed 3.8856 Meeting Room Proposed 3.88% Performing Arts Facility Proposed 3.88% Band Room Proposed 3.88% Gymnasium Proposed 3.88% See SECTION Vll for surcharges Santiago Wildlife and Watershed Center Class Room Proposed 3.88% Stadium Concession Building Proposed 3.88% N/C 33.08 53.40 40.04 80.09 34.36 55.47 41.60 83.20 N/C 36.56 74.28 53.40 106.77 37.98 77.16 55.47 110.91 N/C 99.82 167.12 111.99 200.20 103.69 173.60 116.34 207.97 N/C 55.70 111.99 80.09 166.56 57.86 116.34 83.20 173.02 N/C 70.23 139.85 99.82 200.20 72.96 145.28 103.69 207.97 N/C 46.42 77.53 52.00 92.85 48.22 80.54 54.02 96.46 N/C 58.61 117.22 84.14 174.67 60.88 121.77 87.40 181.45 75A-2-15 5 RESOLUTION 2018-)DO( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION II CLERK OFTHE COUNCIL 57070 Initiative Petition Pursuant to California Elections Code 9202(b) & City of Santa Ana Council Resolution 88-048 Per Filing 200.00 200.00 57070 Maps City Precinct Maps (Refer to the Orange County Voter Registrar's Office) Oversized City and Ward Maps (Actual cost to reproduce by Public Works Agency Actual Cost Actual Cost Geographical Information Systems (GIS) Maps 57070 Notification for New or Increased Taxes Pursuant to Government Code Section 54954.6(b)(1) Per Request 58.46 58.46 57070 City Charter Over the Counter Per Unit 14.90 14.90 Mailed Requested Per Unit 18.91 18.91 57070 Copies of Council Minutes, Ordinances, Resolutions Paper Copies including Fax Copies Each Page 0.20 0.20 Specially Reproduced Copies (e.g., floppy disks) Each Page Actual Cost Actual Cost 57070 Fair Political Practice Commission (FPPC) Statements Retrieval Fee for Statements 5 years of age or over Per Record 5.00 5.00 Copy Charge for Statements Per Record 0.10 0.10 57070 Tapes of Council Meetings DVD'S Per Meeting 5.73 5.73 (order DVD's directly by calling Parks, Recreation and Community Services at (714) 571-4200) 57070 Hearings Chapter 3 Appeal Hearing Application Fee Per Request 129.04 134.05 Processing Fee Per Request 43.73 45.42 Labor Charges (Deposit Only) Per Hour 43.73 45.42 ." Appellant will be billed for ACTUAL costs, Including Hearing Officer 75A-2-16 6 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION III COMMUNITY DEVELOPMENT AGENCY Various-57990 Subordination Fee Per Loan 250.00 259.70 Density Bonus Setup Fee 1/8 of 1% 1/8 of 1% Gross Gross Valuation of Valuation of Construction Construction Charge Charge 53902 Inclusionary Housing Plan Submittal Fee Per Submittal 250.00 259.70 53902 Initial Sale of Ownership Units Per Unit 310.00 322.00 53902 Annual Rental Monitoring Fee Per Unit 100.00 103.85 TEFRA Hearing Fee - Housing Project Per Hearing 0.00 832.40 TEFRA Hearing Fee - Non -Housing Project Per Hearing 0.00 644.40 75A-2-17 ' RESOLUTION 2018-XXX 3,88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE & MANAGEMENT SERVICES 51002 Dog License Fees County of Orange fees relating to the redemption of dogs adopted by City Council on 01/06/03 (Reso. No 2003-004)• Program administered by Police Department County of Orange proposed fees, subject to change pending County approval"' CA Food & Agriculture Code Sec. 30804.5 sets the fee for altered dogs at no more than 50%of unaltered dogs. Annual 'Altered(Neutered or Spayed) Each Dog** 27.00 28.05 'Unaltered Each Dog" 100.00 103.88 Replacement of Tag Each** 3.00 3.12 *Senior Citizen (65 or older) Animal must be spayed/neutered. Each** 13.50 14.02 "Late License Penalty (after 30 days) Each" 35.00 36.36 *Puppy License (12 month license for dogs under 6 months) Each Dog'" 27.00 28.05 53902 Bound Copy (Unabridged) Chapter 21 SAMC Business License Code Customer Pickup Each 38.79 40.29 Mailed Each 47.80 49.65 53902 Finance -Record Abstract Certified Each 20.16 20.94 Uncertified Each 12.89 13.39 53902 Abstract of Billing History Fee Per Account 50.10 52.04 50045 Monthly New Business License List Each 20.16 20.94 50045 Inspection/Collection Service Fee Each BLT 56.92 59.13 re-inspection/collection visit Per qualifying BLT audit (underpayments of 50045 Audit Service Fee 10%or greater, but not less than $250) 59.15 61.45 50045 Autoregistration Service Fee Per BLT account autoregistration/assessment 15.62 16.23 50045 Recording Service Fee Per recording of BLT (Business License Tax) lien 58.92 61.20 50045 Transfer Service Fee Per BLT account collection transfer 37.95 39.42 75A-2-18 8 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE & MANAGEMENT SERVICES 50045 Hearing Service Fee Per BLT administrative hearing 111.61 111.61 53900 Credit Card Processing Fee (fee waived by Council) Per Transaction Waived Waived 57900 Return Payment Service Fee 1st item 25.00 25.97 53901 Stop Payment/Reissue Fee 06017002 Utility Service Set-up 53716 After hours Turn On or Turn Off Fee 53715 Turn On or Turn Off Fee 53715 Field Collection Fee 53709 Registration Fee 53717 Tag Fee (Upon affixing) 53714 Special Investigation/Meter Reread Fee 53714 Meter Read Trip Fee 57000 Copy of Comprehensive Annual Financial Report (CAFR) 57000 Copy of City Annual Budget 53402 Paramedic Subscription Fee City Administered Paramedic Subscription Program Fee each Subsequent item 35.00 36.36 Each 12.00 12.47 Each 148.73 154.50 Each 59.41 61.71 Each 29.15 30.28 Each Each Each Each Each Each Per Household/Business Location Annual 39.06 12.81 12.81 12.81 Actual Cost Actual Cost 55.65 40.58 13.31 13.31 13.31 Actual Cost Actual Cost 57.81 9 75A-2-19 RESOLUTION 2018-XXX REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 17-18 FEES 3.88% PROPOSED FY 18-19 FEES SECTION FIRE SERVICES 53505 Fire Incident Reports Per Report (20 pages or less)" per page 0.23 0.24 53505 Fire Incident Report/Photographs on Computer Disc (CD) per page 0.23 0.24 Reports and photographs in a digital format 53505 Fire Incident or Medical Incident Reports (Requiring computer search) "Minimum one (1) hour per page 0.22 0.23 53505 Fire Inspection Reports per page 0.23 0.24 53505 Fire Code and Fire Code Standard Copies per page 0.23 0.24 51501 Fireworks/Stands and Displays: Permit for Sale (Retail Stand Only) Per Stand 434.38 451.24 Cleanup Deposit Bond (Refundable) Per Stand 196.23 203.84 12015002 53700 Fire Facilities Per Sq. Ft. of floor area 0.85 0.88 Pertains to construction built over 2 stories in height. Rate is set by ordinance in accordance with the Engineering News Report. "Other Fire Services related fees that may apply can be found at www.ocfa.org MEDICAL RESPONSE 53509 Basic Life Support (BLS) Treatment Per BLS Treated Patient Each 292.29 303.63 53509 Advanced Life Support(ALS)Treatment Per ALS Treated Patient Each 467.66 485.80 53509 Emergency Medical Assessment N/A 154.74 160.74 Per BLS or ALS assessment where no transport occurs 53509 Administration of Oxygen during Transport Per Patient receiving oxygen Each 81.38 84.54 10 75A-2-20 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE SERVICES 53509 Emergency Base Rate/Transportation rt_ Fife Dept owned vehide)a Per Transported Patient Each 654.49 679.89 -Referto Summaryof New, Modified & Deleted Fees 53509 Mileage Per Transport Per Transport Mile Per Transported Patient Each 17.19 17.86 53509 DISPOSIBLE MEDICAL SUPPLIES AIRWAY OXYGEN SUCTION Airway Bridge Each 29.80 30.96 Airway- Combitube, holder Each 120.35 125.02 Airway- ET Kit, Slick set, holder, laryngoscope blade, Per Patient 51.58 53.58 eye protection, N-95 mask Airway Nasal Each 35.53 36.91 Airway Oral Each 3.05 3.17 Ambu. Bag, Adult, Pediatric, Infant Each 69.92 72.63 "Cook Kit" (thoracostomy set) Each 186.83 194.08 Mask -Resuscitator Each 21.78 22.62 Mask - Non-rebreather-oxygen Each 4.42 4.60 Nasal cannula Each 3.92 4.07 Nebulizer Each 5.03 5.23 Oxygen Per Patient 83.33 86.56 Suction Kit - Manual or electric V-vac, canister, catheters, yankauer, bulb, feeding tube Per Patient 32.78 34.05 CARDIAC MONITOR/ DEFIBRILLATION Monitor -electrodes Per Patient 31.41 32.62 Defibrillation gel Per Patient 5.04 5.24 Defibrillation pads Per Pair 55.98 58.15 DRESSING/ IMMOBILIZATION Minor trauma kit- Band-Aid, 4x4, 2x2, Kerlix, tape, eye pad Per Patient 6.46 6.71 Major trauma kit- 44's, ABD pads, Kerlix, tape, petroleum dsg Per Patient 9.5129 9.88 Burn pack- Burn sheet, any size burn towel, irrigation saline Per Patient 36.8849 38.32 Cold pack Each 3.28899 3.42 Gloves Per Pair 1.81086 1.88 Hip wrap (disposable hip splint) Each 37.32 38.77 Restraint (limb restraint) Each 3.28899 3.42 Spinal Immobilization -backboard, cervical collar, StaBlock, tape Per Patient 47.8194 49.67 Splint - air or cardboard Each 14.9231 15.50 Vacuum Splint Each 14.9348 15.51 IV ADMINISTRATION Armboard Each 6.46387 6.71 IV Start- IV Start Kit, prep razor, sharpsafe, connectors Each 14.3621 14.92 11 75A-2-21 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION FIRE SERVICES IV Solution- 250cc Saline, tubing Each 16.3564 16.99 IV Solution- 3000cc Saline, tubing Each 17.6053 18.29 Needles -disposable Each 1.6157 1.68 Saline lock Each 5.91357 6.14 Syringe Each 3.11114 3.23 MEDICATIONS Adenosine Each 33.1256 34.41 Albuterol Each 3.09383 3.21 Amiodarone Each 45.39 47.15 Atropine, Ampule Each 3.66759 3.81 Atropine, Syringe Each 12.1034 12.57 Diphenhydramine Each 3.96513 4.12 Dextrose, Syringe Each 18.1556 18.86 Dopamine, with drip regulator Each 9.87976 10.26 Epinephrine, 1:1000 amp Each 5.08919 5.29 Epinephrine, 1:100030cc vial Each 21.1822 22.00 Epinephrine, 1:10000 syringe Each 47.3267 49.16 Glucagon Each 240.935 250.28 Glucose solution Each 7.06002 7.33 Lidocaine Each 12.1034 12.57 Morphine, amp Each 3.66759 3.81 Narcan, syringe Each 51.2811 53.27 Narcan, vial Each 112.742 117.12 Nitro spray Each 7.67964 7.98 Normal saline 10cc vial Each 1.94844 2.02 Sodium Bicarb Each 2.56699 2.67 Versed Each 7.01416 7.29 MISCELLANEOUS SUPPLIES Linen- Disposable sheet, gurney Each 1.43227 1.49 Blanket KCD Each 19.462 20.22 Blanket, quilted (disposable) Each 24.8891 25.85 Communicable Disease Kit - Personal protection pak, eye protection, vionex wipes Each 11.1979 11.63 Emesis Basin -Convenience bag Each 2.487 2.58 Glucometer Strips Each 6.08634 6.32 Irrigation Saline -500cc bottle Each 3.34658 3.48 N 95 Mask Each 2.92212 3.04 OB Kit- Disposable OB Kit, eye protection Each 58.7773 61.06 75A-2-22 12 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIONVI LIBRARY 55200 Compact Discs- Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Audio books - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Video Cassettes / DVDs- Overdue/Loss of Use Fee Per Day 1.50 1.50 -Not to exceed$15 Maximum Actual Cost" Actual Cost` 55200 Regular Books & Multi -Media Kits- Overdue/Loss of Use Fee Per Day 0.25 0.25 (Includes adult books and children books) Maximum Actual Cost' Actual Cost' "Not to exceed $15 55200 Magazines - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum Actual Cost Actual Cost 55200 Paperbacks - Overdue/Loss of Use Fee Per Day 0.25 0.25 ($30 or Actual Cost whichever is less) Maximum 55200 Jetpacks(Hotspots)-Overdue/Loss of Use Fee Per Day 2.00 2.00 ($100 or Actual Cost whichever is less) Maximum 53203 Compact Discs/Rental Per 2 Week 0.50 0.50 Children's Per 2 Week 0.25 0.25 53203 DVD/Video Cassettes / Rental Entertainment Pert Weeks 2.00 2.00 Instructional & Non -Fiction Per 2 Weeks No Charge No Charge Children's Entertainment Per 2 Weeks 1.00 1.00 55201 Lost/Damaged Catalogued Materials Process Fee Each 10.00 10.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 55201 Lost/Damaged Uncatalogued Materials Process Fee Each 7.00 7.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 55201 Lost/Damaged Jetpacks(Hotspots) Process Fee Each 10.00 10.00 Replacement Cost (Jetpack, U5B cord, AC Adapter) Actual Cost Actual Cost Plus overdue charges if incurred 57200 Damaged Bar Code label Per Incident 2.00 2.00 57200 Other Damaged Materials Fabric Bag (Multimedia) Per Incident 6.00 6.00 CD/DVD Pamphlet Per Incident 2.00 2.00 Video cases (Includes Bar Code Replacements) Per Incident 5.00 5.00 Cassette Cases Per Incident 1.00 1.00 CD/DVD Cases (Includes Bar Code Replacements) Per Incident 6.00 6.00 Library Card Replacement Fee Per Incident 3.00 3.00 75A-2-23 13 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-29 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY Other Per Incident Actual Cost Actual Cost 57200 Material Recovery Surcharge Per Incident 15.00 15.00 57200 Data Base Access No Charge No Charge 57200 Reserve Postal Card Per Item 1.00 1.00 57200 Reserved/Mail Books Homebound SA Residents 1.00 1.00 Other Santa Ana Addresses 3.00 3.00 Non -Santa Ana Addresses 4.00 4.00 57200 Newspaper Search Fee Per Search 20.00 20.00 57200 Computer Rental Per Hour 5.00 5.00 53299 n1__. __. _ - _ 6Fap _. _ Fee f PeF Gard 45.98 45.BB 'Referto Summary of New, Modified & Deleted Fees Nonresident Library Card for Employees of Santa Ana Businesses Per Card/Year 0.00 0.00 To be consistent with Resolution 63-204: Fixed Charge for Nonresidents. One Day Library Pass Per Day 15.00 15.00 Digital Services Photograph Request - Non -Commercial Use jpeg images from online catalog for personal use Per Image Free Free Tiff files/prints from existing scan Per Image 5.00 5.00 Image from previously unscanned material Per Image 15.00 15.00 Image for Commercial Use Per Image 25.00 25.00 Compact Disc Fee Per Disc 1.00 1.00 57200 Interlibrary Loan Fee Per Request 5.00 5.00 75A-2-24 14 RESOLUTION 2018-XXX 3.88/ PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES DEFINITION OF RESIDENT For Group activities, those groupsfor which at least 51% ofparticipants either live or work in the City of Santa Ana, the resident rate shall be applied. 53316 LEISURE CLASSES Variable Variable From time to time, privately taught leisure and instructional classes will be offered by various agency divisions. The announcement of same will be made by printed Fliers or in the quarterly program booklet mailed to registered participants. Programs so offered will be conducted in a 4-10 week format. Charges for each class will be established by the Executive Director of Parks, Recreation & Community Services. STAFFFEES 53319 Park Facilities/Reservation/Supervision(Mandatory) Resident/Non-Resident Per Hour 23.28 24.18 TBD Rate for all other Services, Labor, Material,Lostor Damaged Equipment City's Cost City's Cost ATHLETIC FIELDSAND FACILITIES Multi -Purpose Field Fees 5330E Adult Non -Resident/ Profit Per Hour 27.27 28.32 Adult Non-Resident/Non-Profit Per Hour 23.86 24.79 Adult Resident/ Profit Per Hour 17.04 17.70 Adult Resident/ Non -Profit Per Hour 13.63 14.16 53307 Youth Non -Resident/ Profit Per Hour 9.92 10.31 Youth Non-Resident/Non-Profit Per Hour 6.62 6.98 Youth Resident/Profit Per Hour 3.31 3.44 Youth Resident/ Nan -Profit Per Hour 1.64 1.70 Multi -Purpose Court Fees 53308 Adult Non -Resident/ Profit Per Hour 13.63 14.16 Adult Nan -Resident/ Non -Profit Per Hour 11.93 12.39 Adult Resident/Profit Per Hour 8.53 8.86 Adult Resident/Non-Profit Per Hour 6.82 7.08 53307 Youth Non -Resident/ Profit Per Hour 5.11 5.31 Youth Non-Resident/Non-Profit Per Hour 3.42 3.55 Youth Resident/ Profit Per Hour 1.70 1.76 Youth Resident/ Non -Profit Per Hour 0.81 0.85 DYSC Reservation Fee- No Admission 53308 Adult Non-Resident/Profit Per Hour 73.75 76.61 Adult Non-Resident/Nan-Profit Per Hour 64.53 67.04 Adult Resident/Profit Per Hour 46.09 47.88 Adult Resident/Non-Profit Per Hour 36.87 38.30 53307 Youth Non-Resident/Profit Per Hour 26.84 27.88 Youth Non-Resident/Non-Profit Per Hour 17.91 18.60 Youth Resident/ Profit Per Hour 8.95 9.29 Youth Resident/ Non -Profit Per Hour 4.30 4.46 75A-2-25 15 RESOLUTION 2018-xX% 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES DYSC Reservation Fee -Admission 53308 Adult Non-Resident/Profit Per Hour 105.38 109.47 Adult Non -Resident/ Non -Profit Per Hour 92.21 95.78 Adult Resident/Profit Per Hour 65.87 68.42 Adult Resident/Non-Profit Per Hour 52.68 54.73 53307 Youth Non -Resident/ Profit Per Hour N/A N/A Youth Non-Resident/Non-Profit Per Hour N/A N/A Youth Resident/Profit Per Hour N/A N/A Youth Resident/ Non -Profit Per Hour N/A N/A DYSC Synthetic Turf Youth Field 13518783-69011 Adult Non -Resident/ Profit Per Hour N/A N/A Adult Non-Resident/Non-Profit Per Hour N/A N/A Adult Resident/Profit Per Hour N/A N/A Adult Resident/Non-Profit Per Hour N/A N/A 13518783-69011 Youth Non-Resident/Profit Per Hour 26.84 27.88 Youth Non-Resident/Non-Profit Per Hour 17.91 18.60 Youth Resident/ Profit Per Hour 8.95 9.29 Youth Resident/ Non -Profit Per Hour 4.30 4.46 53307 Willard Inermediate Sports Field Non-Resident/Profit Per Hour 41.85 43.47 Non-Resident/Non-Profit Per Hour 30.67 31.86 Resident/Profit Per Hour 15.34 15.93 Resident/Non-Profit Per Hour 7.37 7.66 Athletic Facility Lights 53308 Adult Non-Resident/Profit Per Hour 49.11 51.01 Adult Non-Resident/Non-Profit Per Hour 43.53 45.22 Adult Resident/Profit Per Hour 32.37 33.62 Adult Resident/Non-Profit Per Hour 26.79 27.83 53307 Youth Non -Resident/ Profit Per Hour 11.80 12.25 Youth Non-Resident/Non-Profit Per Hour 7.86 8.16 Youth Resident/Profit Per Hour 3.93 4.08 Youth Resident/ Non -Profit Per Hour 1.89 1.96 53307&53308 Hector Godinez Field Lights Per Hour N/A N/A Football Field Per Hour 13.39 13.91 Baseball Field Per Hour 17.86 18.55 Soccer Field Per Hour 13.39 13.91 Classroom Per Hour 2.23 2.32 Gymnasium Per Hour 23.44 24.35 Performing Arts Center Per Hour 54.69 56.81 Black Box Per Hour 12.28 12.75 Outdoor Basketball Per Hour 4.46 4.64 57390 Hector Godinez Reservation Surcharge Per Reservation 10.00 10.00 Perloint Use Agreement with the Santa Ana Unified School District 57390 Hector Godinez Participant Fee Per Participant 1.00 1.00 Perloint Use Agreement with the Santa Ana Unified Schoof District 75A-2-26 16 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 1849 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIONVII PARKS, RECREATION & COMMUNITY SERVICES SANTA ANA STADIUM 57362 Stadium Sporting Event(12-14 Hours)Fee Adult Non-Resident/Profit Per Day 1,510.55 1,569.16 Adult Non-Resident/Non-Profit Per Day 1,321.72 1,373.00 Adult Resident/ Profit Per Day 944.09 980.72 Adult Resident/ Non -Profit Per Day 755.27 784.57 Youth Non -Resident/ Profit Per Day 549.91 571.24 Youth Non-Resident/Non-Profit Per Day 366.60 380.83 Youth Resident/ Profit Per Day 183.31 190.42 Youth Resident/ Non -Profit Per Day 88.04 91.45 57362 Stadium Sporting Events Fee Adult Non-Resident/Profit Per Hour 126.39 131.29 Adult Non-Resident/Non-Profit Per Hour 110.58 114.87 Adult Resident/ Profit Per Hour 78.99 82.05 Adult Resident/Non-Profit Per Hour 63.19 65.64 Youth Non-Resident/Profit Per Hour 46.01 47.79 Youth Non-Resident/Non-Profit Per Hour 30.67 31.86 Youth Resident/Profit Per Hour 15.34 15.93 Youth Resident/Non-Profit Per Hour 7.37 7.65 57362 Local high schools and colleges + Security Flat Fee Per Day 1,561.27 1,621.85 57362 Playoff Games+Security Colleges, Universities, League or Conference Playoff Games for NCAA, ETC. Flat Fee plus security Per Day 1,933.01 2,008.01 Stadium Concession Building (see SECTION I) 57362 Commercial Events/Admin. 7500 and over Both Grandstands Per Day 12,595.83 13,084.55 West Grandstand Only Per Day 6,297.91 6,542.27 West Grandstand and Field Level Seating Per Day 9,446.88 9,813.42 Both Grandstands and Field Level Seating Per Day 18,893.74 19,626.82 57362 Commercial Events/Extra Day Move -in, if available: Flat Fee Per Day 1,241.20 1,289.36 57362 Commercial Events/Non-Spectator One to two days Per Day 1,638.10 1,701.65 Three or more consecutive days Per Day 1,310.48 1,361.32 All-inclusive rental includes basic staffing, lighting, and rental fees 57362 Events/Solicit Donations No admission charge Per Day 4,421.80 4,593.36 57362 Santa Ana Stadium -Television Rights Per Event 1,092.06 1,134.44 57362 Santa Ana Stadium Graphics Operator Per Hour 89.98 93.47 53315 Santa Ana Stadium Advertising Fee (per advertiser) Group Per Day No charge No charge 17 75A-2-27 RESOLUTION 20184 00( 3,88y, PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIONVII PARKS, RECREATION & COMMUNITY SERVICES Group Per Day 47.98 4934 Group Per Day 59.98 62.31 Group Per Day 71.98 74.78 Groups Per Day 95.97 99.70 See SECTION I, All Departments, Building Rental Fees, for group descriptions AQUATICS 53304 General Admin. Adult -Pools Fee 2.00 2.00 53304 General Admin. Child -Pools Fee 1.00 1.00 53304 Pools Rental, to 50 people, Includes 2 Lifeguards- Day Rates Resident Per Hour 104.42 108.47 Non -Resident Per Hour 126.80 131.71 53304 Pools Rental, 51 or more people, Includes 3 Lifeguards - Day Rates Resident Per Hour 156.63 162.71 Non -Resident Per Hour 179.02 185.96 Note: Minimum 1 lifeguard for each group of up to 25 people Ex. 51-75 people - 3 lifeguards, 76-100- 4lifeguards 53304 Lifeguard per additional 25 people Per Hour 22.39 23.25 Note: Pool rental charges are for nonprofit private and swim teams. OTHER RECREATION FACILITIES 53318 Tennis-First&Flower/weekdays 9am-0pm Per Hour 2.00 2.00 4pm-dusk Per Hour 2.00 2.00 with lights Per Hour 4.00 4.00 53318 Tennis: Non-profit reservations per hour Resident Per Hour 1.00 1.00 Nan -Resident Per Hour 2.00 2.00 57361 Santiago Lawn Bowling Greens Per Month 546.03 567.22 57361 Plaza Calle Cuatro From the hours of 8:00nm to 10:00pm Non-Resident/Business Per Reservation 191.18 198.60 Non-Resident/Non-Profit Per Reservation 186.05 193.27 Resident/Business Per Reservation 144.70 150.32 Resident/Non-Profit Per Reservation 124.03 128.84 Event Staffing Fee- Per Event Day 20.67 21.47 'If special event requires access to electricity 57361 Showmobile and Other Equipment Professional Commercial Rentals Per Day 447.54 464.91 Schools, Non-profit, Government Per Day 223.77 232.45 Supervision Cost (Mandatory) Per Hour 38.79 40.29 Mobile Bleacher• 4 Hour Minimum Per Hour- 38.79 40.29 Mobile Bleacher Additional Hour Per Hour 31.04 32.24 57361 Events Trailer -Tables and Chairs Tables Per Table/Day 11.65 12.10 Chairs Per Chair/Day 1.74 1.81 OTHER RECREATION PROGRAMS 53303 Sports, Youth: Registration for Baseball, T-Ball, Basketball, Flag football, Kickball, Softball, Soccer, and Volleyball. 75A-2-28 18 RESOLUTION REVENUE ACCOUNT 2018-KKK DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 17-18 FEES 3.88% PROPOSED FY 1B-19 FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Reg. per person/sport (Includes T-shirt) Each 34.39 35.72 Shirt -Extra Each 11.59 12.04 Cap -Extra Each 11.59 12.04 Shin &Cap -Extra Set 21.73 22.58 53301 Vacation Recreation Program Resident -per week Per Child 87.34 90.73 Resident Second Child -per week Per Child 58.23 60.49 Additional Non -Resident Fee Per Registration 14.91 15.49 Resident -per day (two day minimum) Per Child 17.47 18.15 53301 Family PRIDE Fees Excursion Bus Fees Per Child 2.75 2.86 Per Adult 4.14 4.30 Family Annual Membership Fee Per Family 68.84 71.51 Campout Per Family 34.41 35.74 Halloween Dance Per Child 1.38 1.43 Per Adult 4.14 4.30 Christmas Dinner Per Child 6.88 7.14 Per Adult 9.64 10.01 Parent Dinner Dance Per Person 20.65 21.46 Per Couple 34.41 35.74 Teen Club Annual Membership Per Member 20.65 21.46 Teen Dance Per Person 4.14 4.30 53301 Excursion Bus Fee Per Child 4.14 4.30 Per Adult 6.88 7.14 53301 After School Adventures Program Per Child 20.00 20.78 Additional Child 15.00 15.58 SANTA ANA ZOO AT PRENTICE PARK 53#2 + Addle E9eh 38:80 W.39 EhRd{Se9ier Each 7.B9 427 PF 8"65ofitee EVeh Flee Free 6reeps Eaelf 6,09 &.33 "�"leb(se.-na EaEM 599 &..14 53312 Zoo Admissions Adult Each 12.00 12.00 Child/Senior Each 9.00 9.00 Friends of Zoo Each Free Free 6reyPs'' Ad9k j Eeeh 999 9347 childf5eaier Eael, 9.99 539 i3#2 Eaeh, 9,99 83� AdtAF Ehild{Seniar Faeh 5.98 Si4 533}2 . odd! Eeeh 39.99 d&39 GhWASe i ar E94, 4:69 7,24 *Refer to Summary of New, Modified and Weled Fees 75A-2-29 19 RESOLUTION 2018400( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53310 Zoo Education Programs: Rates to be established and advertised by the Executive Director of Recreation & Community Services Agency, through fliers or othermedia. OTHER SPECIAL FEES 57010 Reservation Cancellation/Transfer Fee Per Reservation 15.00 15.O0 57010 Reservation No -Show Fee Per Reservation 25.00 25.00 57010 Reservation Permit Processing Fee Per Annual Permit 25.00 25.00 57010 Portable Restroom Fee Per Hour 3.08 3.20 0S113002-53317 Adult Soccer Reservation Surcharge Per Game 31.45 32.67 05113002-53317 Adult Baseball Reservation Surcharge Per Game 20.09 20.87 51301 Filming Permit Fee Per Day 440.49 457.58 Filming Permit Processing Fee -Student Per permit 0.00 75.00 Program administered by Parks, Recreation & CommunityServices 'Refer to Summary of New, Modified & Deleted Fees 53308 Park Facilities/Reservation/Audio Permits Resident Each 46.55 48.35 Non -Resident Each 62.07 64.48 53308 Public Space Special Event Fee First Event Day Group City Sponsored Event Each No charge No charge Group Resident Non -Profit Each 744.72 773.62 Group Non Resident Non -Profit Each 1,117.09 1,160.43 Group Resident Commercial Each 1,303.27 1,353.83 Group 5 Non Resident Commercial Each 1,861.81 1,934.05 Each Additional Day Group 1 City Sponsored Event Per Day No charge No charge Group Resident Non -Profit Per Day 223.42 232.09 Grouo3 Non Resident Non -Profit Per Day 335.13 348.14 Grouo4 Resident Commercial Per Day 390.99 406.16 GrouP5 Non Resident Commercial Per Day 558.54 580.21 See SECTION I, All Departments, Building Rental Fees, for group descriptions 99801001-21662 PRCSA Cleaning Deposit Per Reservation 10O.0O to 103.88 to 500.00 519.40 The appropriate deposit for each facility will be determined by the Executive Director of Parks, Recreation and Community Services TBD Other Recreation and Aquatic Programs Rotes to be established and advertised by the Executive Director of Parks, Recreation and Community Services Agency through fliers orother media. 3m13002-53300 Park Acquisition and Development Fees 5 bedrooms Each 7,062.39 7,336.41 4 bedrooms Each 6,347.81 6,594.10 3 bedrooms Each 5,732.80 5,955.24 2 bedrooms Each 4,272.88 4,438.67 1 or less Each 3,206.86 3,331.28 75A-2-30 20 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17.18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY M70 Accelerated Records Research Fee Per Hour 68.31 70.96 53606 Adult Entertainment Land Use Permit Fee 1,578.21 1,639.45 57770 Aerial Photos Individual Sheets Per Sheet 27.08 28.13 Complete Set Per Set 824.16 856.13 53606 Appeal Applicant Each 4,097.28 4,256.25 Non -Applicant Each 407.59 423.41 53606 Certificate of Compliance Certificate 1,189.03 1,235.16 51605 Certificate of Occupancy (Planning & Inspection) Certificate 446.20 463.51 53606 Amendment Application(A.A.) Change of Zone or District Fee 5,112.91 5,311.29 53613 Change of Site Address Request Fee 1,150.24 1,194.87 53613 Conceptual Review "First Look" Fee Fee 486.90 505.79 53606 Conditional Use Permit Application Fee Fee 5,496.08 5,709.33 53606 Condition Modification Fee 50%App. Fee 50%App. Fee 53606 Conditional Use Permit With a PC&N Determination (ABC License) Fee 4,892.47 5,082.29 53606 Conditional Use Permit Planned Residential Development Application Fee Fee 8,739.12 9,078.20 53606 Conditional Use Permit (CUP) - Coffee House Entertainment CUP Fee 5,136.89 5,336.20 53606 Development Agreement/Review Deposit: (Nonrefundable deposit required initially) Deposit 12,842.05 13,340.32 Plus Reimburse City for Actual Cost 21 75A-2-31 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53606 General Plan Amendment Flat Filing Fee Flat Fee 9,212.02 9,569.44 57770 General Plan Elements (Text) Per Set Actual Cost Actual Cost 57770 General Plan (Complete Text) Per Set Actual Cost Actual Cost 57770 General Plan Workbooks Per Set Actual Cost Actual Cost 53613 Land Use Certificate Category 1 Bazaars,Fiestas, Sidewalk Sales, Outdoor Auctions, Per Certificate 391.12 406.29 Child Care (8-14 children), Ancillary Massage 53613 Category 2 Sidewalk Sales, Parking Lot Sale, Outdoor Actions, Mobile Medical and Veterinary units, Outdoor Booths Per Certificate 391.12 406.29 53613 Category3 Carnival, Circus, Outdoor Music, Concert, Arcade, Temporary ABC Licenses Flat Fee Per Certificate 701.36 728.58 53613 Category4 Antennas/Dishes Flat Fee Per Certificate 728.44 756.70 53613 Category 5 Exterior Telephones (Pay Phones) First Pay Phone Fee 609.12 70.96 Per Additional Pay phone Each 181.32 181.32 53613 Category 6 Small Collection (Recycling) Facilities Fee 1,016.08 1,055.50 53613 Entertainment Permit Category 2 Amplified music, without dancing, Each 391.12 406.29 Entertainment ends by 12:00 a.m. (midnight) Category 3 Amplified music, with dancing, Each 391.12 406.29 Entertainment ends by 12:00 a.m. (midnight) Category 4 Amplified music, dancing, Each 701.36 728.58 Entertainment ends after 12:00 a.m. (midnight) 75A-2-32 22 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 57770 Land Use Map Per Map Actual Cost Actual Cost 53605 Landscape Plan Review Single Family or Duplex Fee 335.57 348.59 Triplex, Townhouse, or Multiple Family Fee 620.68 644.76 Mixed Use or Non-residential Fee 882.84 917.09 Per Inspection after the 2nd Inspection Fee 503.91 523.46 53606 Lot Line Adjustment Filing Fee Fee 1,308.84 1,359.63 53606 Minor Exception Filing Fee Fee 2,538.89 2,637.40 53613 Home Occupation Permit Fee 276.70 287.43 53613 New Single Family Residence Review Fee 1,423.45 1,478.68 53613 Major Commercial Modification Review Fee 1,423.45 1,478.68 53613 Off -Premise Advertising (Billboard) Permit Application Fee Fee 5,366.48 5,574.70 53606 Parcel Map Extension Fee 20%App. Fee 20%App. Fee Tentative Flat Filing Fee Fee 4,433.84 4,605.88 Plus per Lot Fee Fee 18.87 19.60 5407 Voluntary Lot Merger Application Fee Fee 2,530.19 2,628.36 53606 Residential Relocation Filing Fee Fee 4,040.74 4,197.52 53613 Second Dwelling Unit Review Fee 2,163.68 2,247.63 57770 Sectional Districts Maps Individual Sheets Per Map Actual Cost Actual Cost Complete Set Per Set Actual Cost Actual Cost 53613 Sign Permit Review Fee 490.98 510.03 53613 Planned Sign Program Review Fee 553.34 574.81 75A-2-33 23 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53606 Regional Planned Sign Program Fee 5,496.08 5,709.33 53613 Sign Program Amendment Fee 50%App. Fee 50%App. Fee 53606 Site Plan Review (Public Hearing) Fee 4,059.96 4,217.49 53606 Specific Development Zone Fee (No Additional Dwelling Unit Fee) Fee 16,281.53 16,913.25 53613 Temporary Sign Permit Fee 160.13 166.34 53613 Temporary Trailer Permit Fee 614.12 637.94 57770 Subdivision Ordinance Each City's Cost City's Cost 53616 Development Project Review (Site Plan Review) S.F. RANGE BASE COST ADDITIONAL SQUARE FOOTAGE 4,678.18 plus [5.55 x sq. footage above 1 sq. ft.] 4,503.45 4,678.18 1,000-1,999 s.f...... 5,736.15 plus [4.09 x sq. footage above 1,000 sq. ft.] 5,521.90 5,736.15 2,000 - 4,499 s.f...... 9,966.71 plus [2.32 x sq. footage above 2,000 sq. ft.] 9,594.44 9,966.71 4,500 - 9,999.......... 15,982.96 plus [1.32 x sq. footage above 4,500 sq. ft.] 15,385.98 15,982.96 10,000- 19,999 ...... 23,516.86 plus [0.73 x sq. footage above 10,000 sq. ft.] 22,638.49 23,516.86 20,000 - 49,999...... 31,052.11 plus [0.27 x sq. footage above 20,000 sq. ft.] 29,892.29 31,052.11 50,000 - 99,999...... 39,106.05 plus [0.15 x sq. footage above 50,000 sq. ft.] 37,645.41 39,106.05 100,000+ s.f............ 46,872.29 plus [0.08 x sq. footage above 100,000 sq. ft.] 45,121.57 46,872.29 53606 Tract Map Tentative Filing Fee Fee 4,794.28 4,980.30 Plus Each Lot Fee 18.87 19.60 Plus Each Dwelling Unit Fee 18.87 19.60 53606 Underground Utilities Waiver Flat Filing Fee Fee 498.02 517.34 57770 Zoning Ordinance Booklets Per Booklet City's Cost City's Cost 53606 Variance Filing Fee Fee 5,331.49 5,538.35 Condition Modification Fee 50%App. Fee 50%App. Fee 53607 Environmental Impact Report Environmental Impact Report -In-House Fee 106,870.21 111,016.77 Environmental Impact Report- With Consultant 10% of Consultant fee 75A-2-34 24 RESOLUTION 2018-)0(X 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION Vlll PLANNING & BUILDING AGENCY 53607 Negative Declaration -In-House Fee 69,775.94 72,483.15 Negative Declaration- With Consultant 10% of Consultant fee Negative Declaration - Without Studies Fee 7,663.53 7,960.87 53607 Categorical Exemption / Environmental Determination Each 609.88 633.54 5406 Mobile Vending Fee Each 556.89 578.50 55601 Vendor Merchandise Release Fee Street/pushcart vendors Incident 175.44 182.25 51601 Re -Inspection Fees First assessment Each 87.69 91.09 Second assessment Each 129.50 134.53 Third assessment Each 175.44 182.25 51601 Extension Fee (Notice of Violation) Each 260.23 270.33 5579 Dangerous and Abandoned Building Fee Fee 40%of board up fee 40%of board up fee or$205, whichever or$205, whichever is greater. is greater. 53613 Nonconforming Status/ Zoning Verification Letter Each 571.05 593.21 53613 Zoning Interpretation Letter Each 507.17 526.84 53606 Zoning Ordinance Amendment Each 5,745.38 5,968.30 53418 Code Enforcement and Hearing Examiner Fee Per Hour 129.50 134.53 53418 Monitoring Fee Per Hour 147.78 153.51 Minimum 147.78 153.51 53606 Public Convenience & Necessity Determination Per Application 5,539.54 5,754.47 53618 Accelerated Development Project Review Each City's Cost City's Cost 53612 Mitigation Monitoring Fee due upon submission of site plan review Per Project 453.31 470.90 Fee due upon submission for Plan Check Per Project 959.53 996.76 75A-2-35 25 RESOLUTION 2018-XXX 8 88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53626 Medical Marijuana Registration Application Fee 1,690.00 1,690.00 51613 Adult -Use Retail Cannabis Reg Fee Fee N/A 1,690.00 51614 Adult -use Retail Regulatory Safety Permit Fee N/A 12,086.00 53613 Historic Property Preservation Agreement Each 4,257.40 4,422.59 (Mills Act Application) 5996-Reduetien -Refer to Summary of New, Modified & Deleted Fees 53606 Historic Exterior Modification (HEMA) Each 2,175.81 2,260.23 53060 Self -nomination of properties to the Santa Ana Register of Each 5,597.24 5,814.41 Historical Properties 57770 Sale of Miscellaneous Items City's Cost City's Cost (e.g., Informational Literature) 53614 Shopping Cart Containment Program Annual Fee 691.11 717.93 55402 Commercial Vehicle Violation: Private Property First Violation 77.73 80.75 Second Violation 117.74 122.31 Third Violation 147.19 152.91 Pursuant to SAMC Sec 41-6071(h) 55000 Commercial Vehicle Violation: Public Streets First Violation 77.73 80.75 Second Violation 117.74 122.31 Third Violation 147.19 152.91 Pursuant to SAMC Sec 41-607(h) Program administered by Police Department 50045 PREP Recording Service Fee Per Recording 58.92 61.20 Pursuant to SAMC Sec 8-1981(b) 50045 PREP Rental Housing Annual Inspection Fee Per Unit 23.77 24.70 Pursuant to SAMC Sec 8-1967 50045 PREP Re -inspection Fee Per Unit 15.50 16.11 75A-2-36 26 RESOLUTION 2038-X%% 3.88% PROPOSED REVENUE FY 17-18 FY 18.19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION Vlll PLANNING & BUILDING AGENCY 55402 Yard Parking Violation First Violation 77.73 80.75 Second Violation 117.74 122.31 Third Violation 147.19 152.91 Pursuant to SAMC Sec 41-6071(e) 55402 Displaying Vehicle For Sale First Violation 77.73 80.75 Second Violation 117.74 122.31 Third Violation 147.19 152.91 Pursuant to SAMC Sec 41-1301(a) 75A-2-37 27 RESOLUTION 2018-XXX REVENUE ACCOUNT DEPARTMENT/MISCEUANEOU5 FEE OR SERVICE UNIT FY 17-18 FEES 3.88% PROPOSED FY 18-19 FEES SECTION IX PLANNING & BUILDING AGENCY 53600 1) 30,000 s/fw/o interior Improvements - Structural Plan Check sq. ft. 0.96 1.00 0.00 51601 2) 10,000 s/fw/o Interior improvements- Structural Plan Inspection sq. ft. 0.26 0.27 51602 3) 10,000 sf w/o interior improvements - EMP Insp see individual see individual item item schedule schedule 51603 51604 53601 4) 10,000 sfw/o interior improvements - EMP Plan Check see individual see Individual item item schedule schedule 53602 53603 53600 5) 60,000sf w/o interior improvements- Structural Plan Check sq. ft. 0.09 0.10 51601 6) 60,000 sf w/o interior improvements - Structural Insp sq. ft. 0.09 0.10 51602 7) 60,000 sf w/o interior improvements - EMP Insp see individual see individual item Item schedule schedule 51603 51604 53601 8) 60,000 sf w/o interior improvements - EMP Plan Check see individual see individual item Item schedule schedule 53602 53603 53600 9) 100,000 sf w/o interior improvements- Structural Plan Check sq. ft. 0.08 0.09 51601 10) 100,000 sf w/o interior improvements - Structural Insp sq. ft. 0.14 0.15 51602 11) 100,000 sf w/o interior improvements - EMP Insp see individual see individual item item schedule schedule 51603 51604 53601 12) 100,000 sf w/o Interior improvements - EMP Plan Check see individual see individual item Item schedule schedule 53602 53603 53600 13) 10,000 sf with Interior improvements- Structural Plan Check sq. ft. 1.32 1.37 51601 14) 10,000 sf with interior improvements - Structural Insp sq. ft. 0.37 0.39 51602 15) 10,000 sf with interior improvements-EMP Insp see individual see individual item item schedule schedule 51603 51604 53601 16) 10,000 sf with interior improvements - EMP Plan Check see individual see individual item item schedule schedule 53602 53603 53600 17) 60,000 sf with interior improvements- Structural Plan Check sq. ft. 0.09 0.10 51601 18) 60,000 sf with interior improvements - Structural Insp sq. ft. 0.15 0.16 75A-2-38 28 RESOLUTION 2018-)0IX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING & BUILDING AGENCY see individual see individual item 51602 19) 60,000 sf with interior improvements - EMP Insp item schedule schedule 51603 51604 see individual see individual Item 53601 20) 60,000 sf with interior improvements - EMP Plan Check item schedule schedule 53602 53603 53600 21) 100,000 sf with interior Improvements - Structural Plan Check sq. ft. 0.13 0.14 51601 22) 100,000 sf with interior improvements - Structural Insp sq. ft. 0.16 0.17 see individual see Individual item 51602 23) 100,000 sf with interior improvements - EMP Insp item schedule schedule 51603 51604 see individual see individual item 53601 24) 100,000 sf with interior improvements - EMP Plan Check item schedule schedule 53602 53603 53600 25) High Rise, S Stories or more- Structural Plan Check assumes 50k sq. ft. 0.89 0.93 51601 26) High Rise, 55tories or more -Structural lnsp assumes 50k sq. ft. 0.26 0.27 see individual see individual item 51602 27) High Rise, 55tories or more -EMP Insp item schedule schedule 51603 51604 see individual see individual itemitem 53601 28) High Rise, 5Stories or more -EMP Plan Check schedule schedule 53602 53603 53600 29) 2,500 sf Residential 2 story SFD- Structural Plan Check sq. ft. 2.28 2.37 If single story sq. ft. 1.04 1.08 If repeat sq. ft. 0.53 0.55 51601 30) 2,500 sf Residential SFD-Structural Insp sq. ft. 0.60 0.62 see individual see individual item 51602 31) 2,500 sf Residential SFD -EMP Insp item schedule schedule 51603 51604 75A-2-39 29 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53601 32) 2,500 sf Residential SFD- EMP Plan Check see individual see individual item item schedule schedule 53602 53603 53600 33) Apartment, 30 units- Structural Plan Check assumes 10k sq. ft. 1.04 1.08 51601 34) Apartment, 30 units - Structural Insp assumes 30k sq. ft. O.2S 0.26 51602 35) Apartment, 1O units -EMP Insp see individual see individual item item schedule schedule 51603 51604 53601 36) Apartment, 10 units- EMP Plan Check see Individual see individual Item item schedule schedule 53602 53603 53600 37) Hotel/Motel, 20 units- Structural Plan Check assumes 15k sq. ft. 1.11 1.16 51601 38) Hotel/Motel, 2O units - Structural Imp assumes 15k sq. ft. 0.44 OAS 51602 39) Hotel/Motel, 2O units -EMP Insp see individual see individual item Item schedule schedule 516D3 516O4 53601 40) Hotel/Motel, 20 units -EMP Plan Check see individual see individual item item schedule schedule 53602 53603 53600 41) Misc Resid. Structure: Patio Cover/Garage-Structural Plan Check sq. ft. 0.37 0.39 51601 42) Misc. Resid. Structure: Patio Cover/Garage - Structural Insp sq. ft. 0.38 0.40 51602 43) Misc. Resid. Structure: Patio Cover/Garage - EMPlnsp see individual see individual Item item schedule schedule 51603 51604 53600 44) Addition: up to 500 sf Resid 1st floor- Structural Plan Check sq. ft. 1.30 1.35 51601 45) Addition: up to 5O0 sf Resid lst floor - Structural Insp sq. ft. 1.04 1.08 51602 46) Addition: up to 500 sf Resid 1st floor - EMPlnsp see individual see individual item item schedule schedule 51603 51604 53600 47) Addition: up to 1,500 sf Resid lst floor - Structural Plan Check sq. ft. 1.04 1.08 S1601 48) Addition: up to 1,50O sf Resid 1st floor - Structural Insp sq. ft. 0.88 0.92 75A-2-40 30 RESOLUTION 2018-XXX 3.8891 PROPOSED REVENUE FY 17-19 FY 1849 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY see individual see individual item 51602 49) Addition: up to 1,500 sf Resid 1st floor -EMP Insp item schedule schedule 51603 51604 see individual see individual item 53601 50) Addition: up to 1,500 sf Resid 1st floor -EMP Plan Check item schedule schedule 53602 53603 53600 51) Addition: up to 500 sf Resid 2nd floor- Structural Plan Check sq. ft. 3.56 3.70 51601 52) Addition: up to 500 sf Resid 2nd floor - Structural Insp sq. ft. 1.81 1.88 see individual see Individual item 51602 53) Addition: up to 500 sf Resid 2nd floor -EMP Insp item schedule schedule 51603 51604 53600 54) Addition: up to 1,500 sf Resid 2nd floor -Structural Plan Check sq. ft. 2.33 2.42 51601 55) Addition: up to 1,500 sf Resid 2nd floor - Structural Insp sq. ft. 1.02 1.06 see individual see individual item 51602 56) Addition: upto 1,500 sf Resid 2nd floor- EMP Insp item schedule schedule 51603 51604 see individual see individual item 53601 57) Addition: up to 1,500 sf Resid 2nd floor -EMP Plan Check Rem schedule schedule 53602 53603 53600 58) .Swimming Pool, 350 sf- Structural Plan Check sq. ft. 0.53 0.55 51601 59) Swimming Pool, 350 sf- Structural Insp sq. ft. 0.58 0.61 see individual see individual item 51602 60) Swimming Pool, 350 sf-EMP Insp item schedule schedule 51603 51604 see individual see individual item 53601 61) Swimming Pool, 350 sf -EMP Plan Check item schedule schedule 53602 53603 53600 62) Fence (wood), 20 If - Structural Plan Check If 0.37 0.39 51601 63) Fence (wood), 20 If - Structural Insp If 0.28 0.29 53600 64) Retaining Wall, 20 If- Structural Plan Check If 0.38 0.40 51601 65) Retaining Wall, 20 If - Structural Insp If 0.37 0.39 53600 66) TI, 4,000 sf- Structural Plan Check sq. ft. 0.34 0.35 51601 67) TI, 4,000 sf- Structural Insp sq. ft. 0.24 0.25 75A-2-41 31 RESOLUTION 2018-%70( 3 88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY 51602 68) T1, 4,000 sf -EMP Insp see individual see individual item Item schedule schedule 51603 51604 0.00 53601 69) TI, 4,000 sf- EMP Plan Check see individual see individual Item item schedule schedule 53602 53603 53600 70) T1, 8,000 sf- Stmctural Plan Check sq. ft. 0.28 0.29 51601 71) T1, 8,000 sf- Structural Insp sq. ft. 0.14 0.14 51602 72) TI, 8,000 sf- EMP Insp see Individual see Individual item Item schedule schedule 51603 51604 53601 73) TI, 8,000 sf- EMP Plan Check see individual see individual item item schedule schedule 53602 53603 53609 74) TI, 12,000 sf-Structural Plan Check sq. ft. 0.26 0.27 51601 75) TI, 12,000 sf- Structural Insp sq. ft. 0.09 0.09 51602 76) TI, 12,000 sf- EMP Insp see Individual see individual item item schedule schedule 51603 51604 53601 77) TI, 12,000 sf -EMP Plan Check see individual see individual item item schedule schedule 53602 53603 53600 78) TI, 20,000 sf- Structural Plan Check sq. ft. 0.19 0.20 51601 79) T1, 20,OOD sf- Structural lnsp sq. ft. 0.11 0.11 51602 80) T1, 20,000 sf- EMP Insp see individual see individual item item schedule schedule 51603 51604 53601 81) TI, 20,000 sf -EMP Plan Check see individual see individual item item schedule schedule 53602 53603 53600 82) Resid. Misc (window, door, etc.)-Structual Plan Check flat 555.01 576.55 75A-2-42 32 RESOLUTION REVENUE ACCOUNT 2018-XXX DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 17-18 FEES 3.88Y PROPOSED FY 18-19 FEES SECTION IX PLANNING& BUILDING AGENCY 51601 83) Resid. Misc (window, door, etc.) - Inspection flat 408.95 424.82 53600 84) Comm. Misc (storage rack) -Structural Plan Check d/ flat 1,067.25 1108.66 51601 85) Comm. Misc (storage rack) - Structural Insp flat 574.83 597.13 see individual see individual item 51602 86) Comm. Misc (storage rack) -EMP Insp item schedule schedule 51603 51604 see individual see individual item 53601 87) Comm. Misc (storage rack) -EMP Plan Check -item schedule schedule 53602 53603 53600 88) Commercial Sign- Structural Plan Check hourly 213.86 222.16 51601 89) Commercial Sign -Structural Insp hourly 154.26 160.25 see individual see individual item 51602 90) Commercial Sign -EMP Insp item schedule schedule 51603 51604 see individual see individual item 53601 91) Commercial Sign -EMP Plan Check item schedule schedule 53602 53603 53600 92) Residential Re -roof- Structural Plan Check°I hourly 213.86 222.16 51601 93) Residential Re -roof - Structural Insp hourly 154.26 160.25 53600 94) Commercial Re -roof -Structural Plan Check hourly 213.86 222.16 51601 95) Commercial Re -roof -Structural Insp hourly 154.26 160.25 53600 96) Demolition- Structural Plan Check hourly 213.86 222.16 51601 97) Demolition -Structural Insp hourly 154.26 160.25 see individual see individual item 51602 98) Demolition- EMP Insp item schedule schedule 51603 51604 see individual see individual item 53601 99) Demolition -EMP Plan Check Item schedule schedule 53602 53603 53600 100) 400 sfTI and Seismic Reinforcement- Structural Plan Check sq. ft. 0.53 0.55 75A-2-43 33 RESOLUTION 2018-XXX 3.88Y PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 51601 101) 400 sfTl and Seismic Reinforcement - Structural lnsp sq. ft. 0.41 0.43 53601 102) 400 sfTI and Seismic Reinforcement -EMP Plan Check see individual see Individual item item schedule schedule 53602 53603 5360D 103) Seismic Reinforcement Only sq. ft. same as Tl rates same as Tl rates 53600 104) Parking Lot- 20 or fewer spaces Restriping- Structural Plan Check perspace 2.09 2.17 51601 105) Parking Lot- 20 or fewer spaces Restriping- Inspection perspace 2.09 2.17 53600 106) Parking Lot->20 spaces Resurface - Structural Plan Check perspace 2.09 2.17 51601 107) Parking Lot->20 spaces sf Resurface -Insp perspace 2.09 2.17 51601 108) Minimum Fee - Inspection flat 154.26 160.25 51602 51603 51604 53600 109) Minimum Fee - Plan Check hourly, min 1/2 hr 213.86 222.16 53601 53602 53603 51601 110) Re4nspection hourly 154.26 160.25 51602 51603 51604 53600 111) Prelim Plan Check Review -per hour N hourly 213.86 222.16 53601 53602 53603 53600 112) Energy PC-4,000 sf. sq. ft. 0.10 0.10 53600 113) Energy PC-8,000 sf sq. ft. 0.10 0.10 53600 114) Accessibility PC-4,000 sf- Structural Plan Check sq. ft. OAS 0.16 51601 115) Accessibility PC-4,000 sf- Inspection sq. ft. 0.05 0.06 53600 116) Accessibility PC-8,000 sf- Structural Plan Check sq. ft. 0.10 0.10 51601 117) Accessibility PC-8,000 sf- Inspection sq. ft. 0.04 0.05 53600 118) Change of Use deposit 781.43 811.75 53600 119) Code Modification - simple flat 853.39 886.50 53601 53602 53603 75A-2-44 34 RESOLUTION 2018-XXJ( 3.88% PROPOSED REVENUE FY 17-18 FY M19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 53600 120) Code Modification - moderate flat 1,706.80 1,773.02 53601 53602 53603 53600 121) Code Modification - complex flat 3,413.60 3,546.05 53601 53602 53603 53600 122) Notice of Violation- Structural Plan Check New hourly 213.86 222.16 51601 123) Permit Issuance Fee- EMP and Misc. Building flat 52.98 55.04 51602 51603 51604 51601 124) Permit Issuance Fee- Residential and Non Residential flat 141.32 146.80 51600 125) Permit Issuance Fee- General Plan Update surcharge p flat 22.25 22.08 51601 126) Permit Renewal/Extension Fee flat 77.13 80.13 51602 (per permit renewed or extended) 51603 51604 51601 127a) Residential Photovoltaic System (1kW to 15kW) flat 500.00 450.00 Plus each additional kW over 15kW r each 1S.S0 15A0 127b) Residential Thermal Systems(lkwth to 10 kWth) flat 500.00 450.00 Plus each additional kWth over 10kWth each 15.50 15.00 127c) Commercial Rooftop Solar(1kW to SOkW) flat 1,033.60 1,000.00 Plus each additional kW over SOkW up to 250 kW each 7.24 7.OD Plus each additional kW over 250kW each 5.17 5.00 127d) Commercial Thermal Systems(SkWth up to 30kWth) flat 2,480.64 1,000.OD Plus each additional kWth between 30kWth up to 2601<Wth each 7.24 7.00 Plus each additional kWth over 2601kW each 5.17 5.00 'Refer to Summary of New, Modified and Deleted Fees 75A-2-45 35 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 53600 128) Solar Panel -Structural Plan Check hourly 213.86 222.16 51601 129) Solar Panel- Inspection Residential flat 315.04 327.26 51601 130) Solar Panel -Inspection Commercial flat 949.37 986.21 51601 131) Field Plan Check -subject to field Structural Plan Check hourly 154.27 160.26 53600 132) Cell Tower -Structural Plan Check hourly 213.86 222.16 53600 133) Deferred Submittal -Structural Plan Check hourly 213.86 222.16 53600 134) Rooftop equipment -Structural Plan Check hourly 213.86 222.16 53600 135) Equipment Changeout- Structural Plan Check hourly, min 1/2 hr 213.86 222.16 53600 136) Dust Collecting- Structural Plan Check hourly 213.86 222.16 53600 137) Above/Below Ground Tank- Structural Plan Check hourly 213.86 222.16 53600 138) Trash Enclosures- Structural Plan Check flat 213.86 222.16 53600 139) Lighting Standards- Structural Plan Check hourly, min 1/2 hr 213.86 222.16 51601 140) Lighting Standards - Inspection hourly 154.26 160.25 53600 141) Pedestrian Protection -Structural Plan Check hourly, min 1/2 hr 213.86 222.16 51601 142) Pedestrian Protection - Inspection hourly, min 2hr 154.26 160.25 53600 143) Security Card Reader- Structural Plan Check hourly, min 1/2 hr 213.86 222.16 53600 144) Fire Damage Repair,Structural - Plan Check hourly 213.86 222.16 51601 145) Certificate of Occupancy inspection flat 55.17 57.31 51601 146) Temporary Certificate of Occupancy flat 464.22 482.23 53600 147) Revision -Structural Plan Check `I hourly, min 1/2 hr 213.86 222.16 53601 148) Revision -EMP Plan Check hourly, min 1/2 hr 213.86 222.16 53602 53603 51601 149) Special Inspection hourly 154.26 160.25 51602 51601 150) Relocation Inspections Main building orstructure Each 469.65 487.88 Accessory structure Each 93.17 96.78 Inspection forstructures located outside of the City Per Mile 0.92 0.95 Travel time Per Hour 93.17 96.78 75A-2-46 36 RESOLUTION 2018-XXX 3.88%= PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 53600 151) Misc. Non-resid. Structures: 200 sf Patio Cover -Structural sq. ft. 0.41 0.43 Plan Check 51601 152) Misc. Non Resid. Structures: 200 sf Patio Cover -Structural lnsp sq. fL 0.37 0.39 see Individual see individual item 51602 153) Misc. Non Resid. Structures: 200 sf Patio Cover- EMP Insp Item schedule schedule 51603 51604 57600 154) Accelerated Plan Check Fee hourly 137.07 142.38 51601 155) Appeals Each 1,303.38 1353.95 The fee for an appeal of a ruling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 51601 156) Change of incorrect address Each Project 63.64 66.11 51601 157) Change of owneror contractor Each Project 63.64 66.11 51601 158) Flood plain construction standards variances Each 281.36 292.27 51601 159) Expedited copy request Per Hour 63.64 66.11 51601 160) Penalty Fees in addition to investiagation fee and permit fee flat 234.08 243.16 51602 51603 51611 51604 51606 51601 161) Violation/Investigation Fees Per Hour 93.17 96.78 51602 51603 51611 51604 51606 53513 162) OCFA Administrative Processing Fee Each 15.00 15.00 51601 163) Microfilm Records Each Sheet 3.62 3.76 51630 Fireworks Stand Inspections Per Booth 29.00 30.12 75A-2-47 37 RESOLUTION 2018-XXX 3 88% RPROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 164) Refunds Upon written request from the permittee, refunds of permit fees maybe made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and Issuance fee; except that no permit fees shall be refunded under any of the following circumstances: (1) 180 days has elapsed from the date of the issuance of the permit (2) Inspections have been performed by the Building Safety Division If a permit has been Issued fora project located in an area outside of the Jurisdiction of the City, 100%of the permit and plan check fee may be refunded. If a permit has been erroneously issued, 100%of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan is withdrawn by the applicant prior to the plan check, refunds of plan check fees may be made to the permittee in an amount equal to 100%of the plan check fee in excess of $46.27 paid. In no other case may any plan check fees be refunded. Waiver of Fee No permit or plan check fees required by this resolution will be charged for public Improvement projects performed by construction contractors and subcontmctom pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. 44.54 46.27 Note: The volume for Plan Check activity has been reduced to reflect the fact that contract services and overtime are used to complete a portion of activity. °I Not all re -roofing activities require plan check. Material and current structure design will be the deciding factor. °j This service will be charged an initial deposit and then charged by hourly rate. `I These services were reallocated across fee areas as an overhead. dl Up to 10 rocks. Each additional rack will be charged at $11.91 each. 11.46 11.91 °I Hourly rates will be charged after the minimum is met, if required. a This revenue Is earmarked far the General Plan Update and is not included in new revenue figures. All plan check services reflect an initial plus two rechecks. Additional reviews will be charged on an hourly basis. Any unique plan check or inspection that does not match a service category will be charged on on hourly basis. 75A-2-48 38 RESOLUTION 2018-%X% 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING & BUILDING AGENCY Electrical Fees 51603 165) Permit Issuance 52.98 55.04 51603 166) Minimum Fee (Nonresidential) 70.64 73.38 53601 167) Electrical Plan Check Fee (when required) 65%of Subtotal 65%of Subtotal 51603 168) 125 Volt Receptacle Outlets 1.40 1.45 51603 169) Light Switches, Occupancy Sensors 1.52 1.58 51603 170) Light Figures 1.01 1.05 51603 171) Air Conditioners, Heat Pumps 93.28 96.90 51603 172) Factory -Wired Units (Solid Hook -Ups) 23.87 24.79 51603 173) Dedicated Circuits (15 or 20 AMP Receptacles) 23.87 24.79 51603 174) Time Clock, Photo -Cell, Time Switch 11.65 12.10 51603 175) Track -Light, Cable Tray, Special Raceway, Plugmold, 23.87 24.79 Under -Floor Duct, Plug -In Busways, Wiremold, Etc. Each 100 ft. Service Meter, Reset Meter, Subpanel, Switchboard, Motor or fraction thereof Control Center, Transfer Switch, Busduct, or other Distribution Equipment changes or modifications. 51603 176) Under 400 amperes 51.29 53.28 51603 177) 400 amperes to 1199 amperes 139.86 145.28 51603 178) 1200 amperes and over 233.03 242.07 Motor, Transformer, Welder, Industrial Equipment, Oven, Rectifier, Generator, Surge Arrestor, Water Heater, Photovoltaic Panel or other Power Equipment. 51603 179) 0 to 1 HP, kW or kVA 3.43 3.56 51603 180) Over 1 to 10 HP, kW or kVA 22.42 23.29 39 75A-2-49 RESOLUTION 2018-XX( 3 88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 51603 181) Over 1O to 5O HP, kW or WA 44.48 46.21 51603 182) Over 50 to 100 HP, kW or kVA 101.03 104.95 51603 183) Over 10O to 500 HP, kW or kVA 145.16 150.79 51603 184) Over 500 HP, kW or kVA 181.32 188.36 Low Voltage: phone, data outlet, speaker, thermostat, door holder, doorbell, pull station, smoke detector, alarm device, card reader, etc. Commercial: 51603 185) FIRST SO devices or outlets 32.61 33.88 51603 186) Additional Devices 3.08 3.20 51603 187) Each control panel, power supply annunciator, switch or auxiliary equipment 15.53 16.14 Residential: 51603 188) Single Dwelling Unit 35.35 36.72 51603 189) Each Additional dwelling unit (2-20) 31.10 32.30 51603 190) Each additional Unit (Over 20) 18.98 19.72 Miscellaneous: 51603 191) Light Standard (Pole) with one fixture 23.88 24.80 51603 192) Additional Fixtures - Same Pole 51603 193) Power Pole (Temporary) 99.22 103.07 51603 194) Additional Distribution Poles 23.88 24.80 51603 195) Swimming Pool, Spa, Fountain 116.57 121.09 51603 196) Above Ground Spa 50.37 52.32 51603 197) Demolition 46.65 48.46 51603 198) Signs & Neon/LED Decorative Lighting 72.33 75.13 (refundable bond) 75A-2-50 40 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY New or Total Rewire for Single Family Dwellings: 51603 199) SFD(per square foot) sq.ft. 0.14 0.14 51603 200) Garage (per square foot) sq. ft. 0.14 0.14 51603 201) Temporary Electrical Service, Prior to approval or Each Meter 234.98 244.09 Occupancy (30 Days) At the time of application for temporary power, the owner shall post a$1,000 cash or cashiers check conforming tothe Santa Ana Municipal Code Section 8-1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. Mechanical Fees 51604 202) Permit Issuance Fee 52.98 55.04 51604 203) Minimum Fee (Nonresidential) 70.64 73.38 53603 204) Stand Alone Mechanical Plan Check 65%of Subtotal 65%of Subtotal Furnace including ducts & vents (each) 51604 205) Up to 100,000 BTU 63.14 65.59 51604 206) Over 100,000 BTU 90.08 93.58 51604 207) Furnace/Compressor Combo (Residential) 122.16 126.90 Each Compressor. Boiler or Heat Pump (packaged or split system) 51604 208) Up to HP 86.82 90.19 51604 209) Over 5 to 30 HP 103.82 107.85 51604 210) Over 30 to 50 HP 129.79 134.82 51604 211) Over 50 HP 139.86 145.28 51604 212) VAV Box up to 2,000 CFM 42.85 44.51 51604 213) VAV Box Over 2,000 CFM 63.12 65.57 51604 214) Air Handling Unit Up to 2,000 CFM 42.85 44.51 51604 215) Air Handling Unit Over 2,000 CFM 63.12 65.57 75A-2-51 41 RESOLUTION 2018d00( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY Miscellaneous 51604 216) Outdoor Dual Package Heating/Cooling 109.01 113.24 51604 217) Wall Heater 63.12 65.57 51604 218) Unit Heater 62.47 64.90 51604 219) Suspended Heater 55.96 59.13 51604 220) Decorative Fireplace (Wood or Gas) 55.96 58.13 51604 223) Clothes Dryer (Residential) 38.83 40.34 51604 222) Clothes Dryer (Commercial) 52.46 54.49 51604 223) Any Alteration, Repair or Addition to a Ventilation System(persystem unit) 41.99 43.62 51604 224) Vent System (Not part of an HVAC System) 59.10 61.39 51604 225) Type I hood with Duct & Fan 109.01 113.24 51604 226) Type II hood with Duct & Fan 63.12 65.57 51604 227) Environmental Air Fan(Residential or Commercial) 33.89 35.21 51604 228) Laundry Fan (Environmental air) 33.54 34.84 51604 229) Bathroom/Restroom Fan 29.38 30.52 51604 230) Range Hood (Residential) 31.10 32.30 51604 231) Commercial Vent Fan 41.99 43.62 51604 232) Fan Coil 54.67 56.80 51604 233 Evaporative Cooler 63.12 65.57 51604 234) Gas Piping (Incidental) 21.54 22.38 51604 235) Fire Damper 63.12 65.57 51604 236) Install/Repair/Replace Appliance Vent 63.12 65.57 51604 237) Product Conveying System (Flammable Vapors, Fumes, Smoke, Heat) 181.32 188.36 51604 238) Dust Collection System 181.32 188.36 51604 239) Appliance Not Listed 63.12 65.57 75A-2-52 42 RESOLUTION 2018-XXX 3.88%S PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 240) System Not Listed (Halon, Smoke Evac, Crematory, Etc) 181.32 188.36 Absorption System 51604 241) Up to 1,000,000 BTU 75.35 78.28 51604 242) 1,000,001 to 1,750,000 BTU 107.14 111.29 51604 243) 1,750,001 and over 181.32 188.36 51604 244) Commercial Cooking Equipment(Ovens/Fryers/Etc) 41.23 42.83 51604 245) Condensate Pump 30.80 31.99 51604 246) Kiln<20cubic feet (includes hood and duct) 63.58 66.05 51604 247) Air Compressor (each includes piping) 63.58 66.05 51604 248) Cooling Tower 63.58 66.05 51604 249) Heat Exchanger 58.28 60.54 51604 250) Electrostatic Precipitator 37.63 39.08 51604 251) Vacuum Cleaner System(Residential) 63.59 66.05 51604 252) Humidifier 37.69 39.14 51604 253) Duct Heater 63.58 66.05 51604 254) Wood Sawdust System 136.61 141.91 51604 255) Incinerator (Residential) 42.38 44.03 51604 256) Incinerator (Commercial) 181.32 188.36 Plumbing Fees 51602 257) Permit Issuance Fee 52.98 55.04 51602 258) Minimum Fee (Nonresidential) 70.64 73.38 53602 259) Stand Alone Plumbing Plan Check Fee 65%of Subtotal 65Y of Subtotal 75A-2-53 43 RESOLUTION 2018-XIOC 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING$ BUILDING AGENCY Fixtures: 51602 260) Water Closet 13.69 14.22 51602 261) Urinal 10.47 10.87 51602 262) Tub/Shower 21.42 22.25 51602 263) Whirlpool Tub 21.42 22.25 51602 264) Sinks 12.23 12.70 51602 265) Clothes Washer 13.45 13.97 51602 266) Dishwasher 11.52 11.97 51602 267) Garbage Disposal 10.26 10.66 51602 268) Floor Sink 15.53 16.14 51602 269) Floor Drain 15.53 16.14 51602 270) Drinking Fountain 8.62 8.95 51602 271) Cap Fixture 6.69 6.95 Sewer: 51602 272) New Sewer (First 100 Feet) 62.18 64.60 51602 273) Additional Sewer Connection 21.42 22.25 51602 274) Each Additional 100 Feet of Sewer 21.42 22.25 51602 275) Repair/Alter Sewer 42.85 44.51 51602 276) Private Sewage Disposal System 129.79 134.82 51602 277) Cesspool 63.12 65.57 51602 278) Cap Sewer 96.18 99.92 Gas: 51602 279) New Gas System (1-4 outlets) 42.85 44.51 51602 280) Additional Gas Outlet leach) 6.80 7.06 51602 281) Extend/Alter Gas System 63.12 65.57 75A-2-54 44 RESOLUTION 2018-)DD( 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 51602 282) Repair Gas Piping 42.85 44.51 51602 283) Cap Gas Outlet 8.15 9.47 Swimming Pools: 51602 284) PoolTap 21.42 22.25 51602 285) Pool Heater 69.94 72.65 51602 286) Pool Piping 42.85 44.51 Miscellaneous: 51602 287) Water Heater (Residential up to 50 gallons) 21.42 22.25 51602 288) Water Heater (Commercial up to 50 gallons) 21.42 22.25 51602 289) Water Heater(Res/Comm over 50 gallons) 87.87 91.28 51602 290) Water Heater(Tankless) 63.12 65.57 51602 291) Water Service (each 100 feet) 42.85 44.51 51602 292) Water Piping (each 100 feet) 42.85 44.51 51602 293) Repipe(Residential- Each 100 Feet) 42.85 44.51 51602 294) P(mary/Secondary Roof Drain (per set) 42.85 44.51 51602 295) Deck/Area Drain 9.26 9.62 51602 296) Rainwater5ystem 42.85 44.51 51602 297) Rainwater Piping(buded) 20.85 21.66 51602 298) Storm Drains 27.54 28.61 51602 299) Water Softener (Residential) 21.42 22.25 51602 300) Water Softener (Commercial) 42.85 44.51 51602 301) Lawn Sprinkler (Each) 9.78 10.16 51602 302) Backflow Preventer (Less than 2 inches) 21.42 22.25 51602 303) Backflow Preventer (2 inches and bigger) 42.85 44.51 75A-2-55 45 RESOLUTION 2018-)00( 3 88% PROPOSED REVENUE FY 1748 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 304) Vacuum Breakers (1 to 5) 19.57 20.33 51602 305) Vacuum Breakers (Over S — each) 5.59 5.81 51602 306) Hose Bib with Vacuum Breaker 14.89 15.47 51602 307) Grease/Waste Interceptor 36.35 37.56 51602 308) Dental Unit 31.10 32.30 51602 309) Medical Gas Piping (Fire Department) 42.85 44.51 51602 310) Alteration to Drain or Vent Piping 42.85 44.51 51602 311) Appliance not listed 63.12 65.57 51602 312) Sewage Ejector 63.12 65.57 51602 313) Sump Pump 63.12 65.57 51602 314) Hot Water Storage Tank 29.33 30.47 51602 315) Heat Exchanger 55.49 57.64 51602 316) Cooling Tower 63.12 65.57 51602 317) Booster Pumps 34.18 35.51 51602 318) Fireline/Hydrant (Each 100 Feet) 42.85 44.51 75A-2-56 46 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51602 319) Temporary Gas Meter, Prior to approval Each Meter 234.98 244.09 Or Occpancy (30 Days) At the time of application far temporary power, the owner shall post a $1,000 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8-1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. PIPELINE PROJECT FEES PER RESOLUTION NO. 2009-018 GENERAL PROVISIONS Unless otherwise provided, payment of fees and charges as established herein shall be made to the Executive Director of the Planning and Building Agency or his/her authorized representative at the time of initial application or request for the permit or service for which a fee is charged or Imposed. No permit shall be issued to any person, firm or corporation unless all fees therefore have been paid in full. Exception: Waiver of Fee No permit or plan check fees required by this resolution will be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. REFUNDS Upon written request from the permittee, refunds of permit fees may be made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and Issuance fee; except that no permit fees shall be refunded under any of the following circumstances: (1) 180 days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division 75A-2-57 47 RESOLUTION 2018-XXX 8 88% PROPOSED REVENUE FY 1748 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY If a permit has been Issued for a project located in an area outside of the jurisdiction of the City, 100%of the permit and plan check fee may be refunded. If a permit has been erroneously issued, 100%of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan is withdrawn by the applicant prior to the plan check, refunds of plan check fees may be made to the permittee in an amount equal to 3001%of the plan check fee in excess of $46.27 paid. In no other case may any plan check fees be refunded. 51601 SPECIAL INVESTIGATION FEE 51602 51603 Aspecial investigation fee shall be charged by the Building 51611 Official for any investigation of a building structural work, 51604 reports,certification, or any other related work requested by 51606 an owner or his authorized agent. Said fee shall be assessed in an amount sufficient to reimburse the City for the casts actually incurred by the City based upon a rate of $96.78 per hour but in no case shall be less than $96.78. 51601 VIOLATION/INVESTIGATION FEES 51602 51603 When any work for which a permit is required has been 51611 commenced without the authorization of such permit, an 51604 Investigation may be required before a permit will be Issued 51606 for such work. An investigation fee shall be assessed in an amount sufficient to reimburse the City for costs actually incurred by the City based on a rate of 96.78-per hour but in no case less than $96.78 shall be collected. 51601 PENALTY FEES 51602 51603 In addition to the investigation fee and regular permit fee, a 51611 penalty in an amount equal to the amount ofthe total permit 51604 fee shall be required, but in no case less than $243.16. 51606 44.54 46.27 93.17 96.78 93.17 234.08 96.78 243.16 75A-2-58 m RESOLUTION 2018-XXX 3.88%. PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 EXPEDITED COPY REQUEST Per Hour 63.64 66.11 93696 WEBS Each 99.67 9149 an inspeetion pie es to be w qmeeessafy. -Refer to Summary of New, Modified & Deleted Fees 51601 DEMOLITION PERMIT 93.16 96.78 The fee for a permit to demolish a building or structure shall be based upon the contract price but in no case less than the minimum building permit fee of $96.78. 098001001- When a building is demolished, the owner shall provide the 24015 City with a cash or surety bond as described In Section 8-1768 through 8-1771 of the Santa Ana Municipal Code. Forthe purpose of lot cleanup and capping of the sewer lateral, the value of the bond is to be established by the Building Official but in no case shall the bond be less than $1,000 per building. A single family dwelling and garage shall be considered as one building for bonding purposes. 51601 FLOODPLAIN CONSTRUCTION STANDARDS VARIANCES Each 281.36 292.28 75A-2-59 49 RESOLUTION 2018-)= 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY 51601 APPEALS Each 1,303.38 1353.95 The fee foran appeal ofa ruling ofthe Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 51601 The fee for an inspection on a building or structure, as required for its proposed relocation. Main building or structure Each 469.65 487.88 Accessory structure Each 93.16 96.78 Inspection for structures located outside of the City Per Mile 0.92 0.95 Travel time Per Hour 93.16 96.78 53600 APPLICATION PROCESSING AND PLAN CHECKING FEES An application processing fee and plan checking fee shall be paid to the Building Official at the time of submitting plans forchecking. Such fee shall be equal to 65%of the building permit fee as set forth in this resolution. For all buildings, such fee shall also include a surcharge for state mandated energy conservation enforcement equal to $22.00 for each 1,000 square feet of building area, or fraction thereof, up to 4,000 square feet, and $11.00 for each additional 1,000 square feet or fraction thereof. For any plan submitted which is subject to the disabled accessibility requirements of Title 24, California Code of Regulations, a surcharge of 10% of the basic plan check fee shall be required. 51601 OSHPD CERTIFICATION FEE 53600 Whenever plans are submitted for the construction of specialized medical clinics which require by law certification of compliance with requirements set forth by the Office of Statewide Health Planning and Development(OSHPD-3 certification), a building permit fee will be paid to the Building Official equivalent to 1%of the construction valuation. An additional plan check fee equivalent to.65%of the construction valuation will be paid to the Building Official at the time plans are submitted for plan check. This fee does not preclude other applicable fees which are normally assessed by the City. 75A-2-60 50 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 MICROFILM RECORDS Each Sheet 3.61 3.75 Whenever plans are submitted which are required by any law or City procedure to be maintained as a permanent record, the following fees are to be charged for the purpose of creating and maintaining permanent files. 53600 RESEARCH AND PROCESSING FEES (ALTERNATE MATERIALS/MODIFICATIONS) 53602 53601 Wheneverthe Building Official is requested to approve Each 281.36 292.29 53603 alternate materials or methods of construction in accordance with the Building Cade, Plumbing Code, Mechanical Code or the Administrative Code provisions far the Electrical Code. Whenever the Building Official is requested to approve a Each 281.36 292.28 modification of code in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. 53600 STRUCTURAL Fees for structural engineering plan check services for structures requiring a dynamic structural analysis in accordance with Chapter 16 of the Building Code, or in accordance with State AB 3249, shall be charged to the applicant. Said charge shall be the actual costs Incurred by the City for such service and shall be paid in addition to other applicable fees listed herein. SPECIAL INSPECTOR REGISTRATION FEE Each 93.16 96.78 Inspection The fee for registration of special inspectors in accordance Specialty with Section 8-100 of the Santa Ana Municipal Code. 75A-2-61 51 RESOLUTION 2018-1IXK 3.8891 PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING & BUILDING AGENCY 53600 BUILDING PLAN CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 53602 ELECTRICAL, PLUMBING AND MECHANICAL PLAN 53601 CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, 53603 WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 51601 CHANGE INCORRECT ADDRESS Each Project 63.64 66.11 51601 CHANGE OWNER OR CONTRACTOR Each Project 63.64 66.11 09801001- NOTICE OF VIOLATION AND 24015 NOTICE AND ORDER BONDS Priorto issuance of permits to correct work required by a Notice of Violation or Notice and Order, the Building Official may require a cash or surety bond as described in Sections 8-1769, 8-1770 and 8-1771 Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $20 foreach Notice of Violation or Notice and Order. 57600 ACCELERATED PLAN CHECK FEE Per Hour 137.06 142.38 FIELD PLAN CHECK FEE Minimum Fee Per Hour 93.16 96.78 53600 PRELIMINARY REVIEW OF BUILDING Minimum Fee Per Hour 93.16 96.78 STANDARDS COMPLIANCE 09803001- SIGNS 24015 When a permit is required loran illuminated or non -Illuminated sign, the owner shall provide the City a cash or surety bond as described in Section 8-1768 through 8-1771 of the Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $20 per address. 75A-2-62 52 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY 51601 TEMPORARY CERTIFICATE OF OCCUPANCY Each Project 464.22 482.23 SPECIFIC CODE FEES AND CHARGES 51601 BUILDING CODE Any person desiring a permit required by the Building Code Each Permit 44.54 46.27 shall, at the time of filing an application fee of $46.27 The determination of total valuation shall be made by the Building Official. The value to be used shall be the total value of all construction work for which the permit is issued using the building valuation data based upon in the most recent edition of Building Safety Journal published by the International Code Council. The value of work performed as a remodel and other valuations not published by the International Code Council shall be determined by the Building Official. 51601 PARKING LOT RESURFACING AND/OR REPAINTING Existing parking lot resurfacing and/or repainting, fee shall be based on the value of the work performed. 51601 UNDERGROUND TANK REMOVAL Underground tank removal and backfill fee shall be based upon valuation. 51601 EXCAVATION FOR SOIL CONTAMINATION Excavation and backRll related to soil contamination fee shall be based upon valuation. 75A-2-63 53 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY BUILDING PERMIT FEE SCHEDULE (FEES BASED UPON VALUATION OF WORK) TOTAL VALUATION FEE $1.00 TO $50 $25.41 24.46 25.41 $501.00 TO $2,000 $25.41 for the first $50 plus $3.32 24.46 25.41 for each additional $SO or fraction thereof, to and including $2,000 $2,001.00 TO $25,000 $84.38 for the first $2,000 plus$10.73 81.23 84.38 for each additional $1,000 or fraction thereof, to and including $25,00D $25,001.00 TO $50,000 $376.53 for the first$25,00 plus$7.72 362.47 376.53 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001.00 TO $100,000 $604.87 for the first $50,000 plus 582.28 604.87 $5.52 for each additional $S,OOD or fraction thereof, to and including $100,000.00 $100,001.00 TO $500,000 $931.51 for the first $100,00 plus 896.71 931.51 $4.19 for each additional $1,000 or fraction thereof, to and including $500,000.00 $500,001.00TO $1,000,000 $2,915,49 for the first$50D,OOD plus 2,806.60 2915.49 $3.68 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 AND UP $5,093.04 for the first $1,000,000 4,902.81 5093.04 plus $2.25 for each additional $1,000 or fraction thereof. 75A-2-64 54 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51601 1) Inspections outside of normal business hour (4 hour minimum charge for Holidays, Saturday or Sunday Inspections) Per Hour 93.17 96.78 51601 2) Re -inspection fee assessed under applicable provisions of the Building Code Per Hour 93.17 96.78 51601 3) Inspections for which no fee is specifically Indicated (minimum charge-one(1)hour) Per Hour 93.17 96.78 53600 4) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge-one(1)hr.) Per Hour 93.17 96.78 51603 ELECTRICAL CODE Any person desiring a permit required by the Electrical Code Each Permit 44.54 46.27 shall, at the time of filing an application, pay a fee of $46.27. There is no minimum fee forthe issuance of a permit for single family residences and duplexes. The minimum fee for issuance of a permit for all other uses shall be$75.61. 72.79 75.61 FEE SCHEDULE 51603 1) For new construction and relocation on residential single family and duplexes: Six cents($.06) per square foot per floor plus$39.65 per Per 37.21 38.65 service meter shall only include receptacle, switch and lighting outlets. All other fees shall apply. Six cents ($.06) per square foot for detached or attached garages or carports shall only Include receptacle, switch and lighting outlets. All other fees shall apply. 51603 2) Receptacles,outlets, light fixtures and general use switches, Each 1.17 1.21 each 51603 3) Each air conditioner Each 49.78 51.71 51603 4) Each self-contained factory wired approved unit, such as Each 12.29 12.76 home appliances, heaters, vegetable cases, drinking fountain, heating appliances, multiple outlet assemblies, etc. 51603 5) Busways, special raceways, under floor ducts, trolley or Each 100' 12.29 12.76 plug-in busways each one hundred (100) feet or fraction thereof 75A-2-65 55 RESOLUTION 2018-%70( 3 88% PROPOSED REVENUE FY 17-19 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY 51603 6) Fire alarm communications, data control systems, smoke detectors and low voltage system: Commercial (charge by number of devices): 0-10 total devices Each 26.20 27.22 10 or more total devices 2.12 2.20 Each control panel, standby power supply panel, annunciator panel or similar main piece of control equipment for one of the above systems. Each 12.29 12.76 Residential (charge by number of dwelling units): Residential unit(1) 26.79 27.83 Each add'I residential unit in a multiple -dwelling occupancy Each 16.07 16.69 Each add'I residential unit over 20 in a hotel, motel, boarding house or lodge Each 9.72 10.10 51603 7) Dedicated circuit Each 12.29 12.76 51603 8) Service Meters, Reset Meters, Subpanel, Switchboard, Motor Control Center, or similar equipment changes or additions. 599 volts or less, under 400 amps. Each Meter 37.21 38.65 599 volts or less, 400 amps and less than 1200 amps. Each Meter 93.17 96.78 598 volts or less, 1200 amps and over. Each Meter 187.37 194.64 51603 9) Signs and high -potential gas tube lighting, each Each 37.21 38.65 Note: This shall include all necessary control equipment 51603 10) Swimming pool, fountain, spas, each Each 82.28 85.47 51603 11) Above ground spas Each 26.49 27.52 51603 12) Temporary power -construction: For services supplying a temporary power pole, Each 64.69 67.20 pedestal or piggyback Fora system of distribution and utilization of poles Each Pole 12.29 12.76 for temporary construction power, each pole 51603 13) Temporary construction lighting: SOD lamps or less 5.54 5.75 Over 500 lamps 9.66 10.04 75A-2-66 56 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY S1603 14) Temporary services: At the time of application for temporary power, the owner shall post a $1,000 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8-1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is Issued. Temporary Electrical Service, Prior to Approval Each Meter 234.98 244.09 Or Occupancy (30 Days) Temporary workwith service, each meter Each Meter 32.72 33.99 51603 15) Lighting standards: With one fixture each Each 12.29 12.76 Each additional fixture on the same standard Each 3.55 3.69 51603 16) Time clock or photo electric cell, each Each 9.66 10.04 51603 17) Radiant ceiling heat per room Per Room 22.29 12.76 51603 18) Power apparatus: generators, motors, transformers, rectifiers, synchronous converters, capacitors, industrial heating, cooking or baking equipment, and other apparatus as follows: (Ratings - horsepower (HP), kilowatts (KW), and Kilovolt amps (KVA)) Up to and including 1 HP, KW, KVA each Each 5.01 5.20 Over l and not over 10 HP, KW, KVA each Each 12.93 13.43 Over 30 and not over 50 HP, KW, KVA each Each 26.20 27.22 Over 50 and not over 100 HP, KW, KVA each Each 56.13 58.31 Over 100 and not over 500 HP, KW, KVA each Each 74.77 77.67 Over 500 HP, KW, KVA each Each 93.17 96.78 51603 19) Demolition, per project Per Project 36.28 37.69 51603 20) Inspections outside of normal business hours (four hour Per Hour 93.17 96.78 minimum charge for Holidays, Saturday or Sunday inspections) 75A-2-67 57 RESOLUTION 2018-KXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY 51603 21) Re -inspection fee assessed under applicable provisions Per Hour 93.17 96.78 of the Building Code 51603 22) Inspections for which no fee Is specifically Per Hour 93.17 96.78 indicated (minimum charge - one (1) hour) 53601 23) Additional plan review required by changes, additions, or Per Hour 93.17 96.78 revisions to approved plans (minimum charge - one (1) hour) ELECTRICAL PLAN CHECK FEES Whenever electrical plans are required by the Building Official, plan check fees shall be 6S% of the electrical permit fee and shall be paid at the time of submitting plans. 51604 MECHANICALCODE Any person desiring a permit required by the Mechanical Each Permit 44.54 46.27 Code shall, at the time of filing an application, pay a fee of $46.27. There is no minimum fee for the issuance of a permit far single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be$75.61. 72.79 75.61 FEE SCHEDULE 51604 1) For the installation or relocation of each forced -air or Each 32.50 33.76 gravity -type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 BTU/h 51604 2) For the installation or relocation of each forced -air Each 46.41 48.21 or gravity -type furnace or burner, including ducts and vents attached to such appliance over 100,000 BTU/h 51604 3) For the installation or relocation of each boiler, compressor, Each 56.13 58.31 condensing unit or heat pump up to and including five horsepower, or each absorption system to and Including 100,000 BTU/h 51604 4) For the installation or relocation of each boiler, Each 56.13 58.31 compressor, condensing unit or heat pump over five horsepower up to and including 30 horsepower or for each absorption system over 100,000 BTU/h up to and Including 1,000,000 BTU/h 75A-2-68 58 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 5) Forthe installation, relocation of each boiler, compressor, Each 68.13 70.78 condensing unit or heat pump over 29 horsepower up to and including 50 horsepower or for each absorption system over 1,000,000 BTU/h up to and including 1,750,000 BTU/h 51604 6) Forthe installation or relocation of each boiler, compressor, Each 93.17 96.78 condensing unit or heat pump aver 49 horsepower, or each absorption system over 1,750,000 BTU/h 51604 7) For each VAV control box or air handling Each 22.06 2292 unit to and including 2,000 cubic feet per minute, including ducts attached thereto 51604 8) For each VAV orair-handling unit over 2,000 cfm Each 32.50 33.76 Note: This fee shall not apply to an air -handling unit which is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required else where in this code. 51604 9) Outdoor dual packaged heating and cooling Each 56.13 58.31 51604 10) For the installation or relocation of each floor Each 32.50 33.76 furnace, including vent 51604 11) For the installation or relocation of each suspended Each 32.50 33.76 heater, recessed wall heater or floor -mounted unit heater 51604 12) Decorative fireplace Each 32.50 33.76 51604 13) Forthe repair of, alteration of, or addition to each heating Each 22.06 22.92 appliance, refrigeration unit, cooling unit, absorption unit, or each heating cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code Note: Each HVAC system served by a VAV control box Is considered a separate system. 51604 14) For the installation of each Type l commercial Each 56.13 58.31 kitchen hood which is served by mechanical exhaust, including the ducts for each hood 51604 15) Forthe installation of each Type II residential or Each 32.50 33.76 commercial kitchen hoods which is served by mechanical exhaust, including the ducts for each hood 75A-2-69 59 RESOLUTION 2018-X%X 3 88% PROPOSED REVENUE FY 17-18 FY 19-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 16) For each ventilation fan connected to a single duct Each 22.06 22.92 (environmental air) (a) Bathroom or toilet room exhaust. (b) Laundry room exhaust. (c) Residential range or oven exhaust. (d) Other environmental air duct. 51604 17) Fan coil installation Each 37.21 38.65 51604 18) For each evaporative coolerotherthan portabletype Each 32.50 33.76 51604 19) Incidental gas piping Each 22.06 22.92 51604 20) Fire damper installation, each Each 32.50 33.76 51604 22) Ventfan Each 32.50 33.76 51604 22) Approved fire extinguishing system Each 32.50 33.76 51604 23) For each appliance or piece of equipment regulated by this Each 32.50 33.76 code but not classed in other appliance categories, for which no other fee is listed in this code (a) Commercial gas -fired cooking equipment (ranges, ovens, deep fryers, broilers, etc.) (b) Clothes dryer and exhaust duct. (c) Kilns, including hood and exhaust duct. (d) Air compressor and related compressed air piping for manufacturing process. (e) Cooling tower (f) Heat exchanger (g) Exhaust fans forType l or 11 Commercial Kitchen Hoods. (h) Electrostatic precipitator. (i) Residential central vacuum cleanersystem. 0) Clean -room filter bank(HEPA) (k) Humidifier. (1) Duct heater. (m) Condensate Pumps (n) Etcetera. 51604 24) For the installation, relocation or replacement of each Each 32.50 33.76 appliance "vent" installed and not included in an appliance permit 75A-2-70 60 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELlANE0U5 FEE 0R SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 51604 25) Each process piping system Each 93.17 96.78 51604 26) For each ventilation system which is not a portion of any Each 93.17 96.78 heating or air-conditioning system authorized by permit (a) Halon exhaust system. (b) Wood sawdust collection system or similar collection system (paper, plastic, metal filings, etc.) (c) Smoke evacuation and exhaust system for public buildings, atrium, malls, etc. (d) Crematory furnace and exhaust system. (e) Each other product conveying duct system: (1) Flammablevapors (2) Fumes (3) Smoke (4) Heat 51604 27) For the Installation or relocation of each domestic- Each 22.06 22.92 type incinerator (Shall have permit and approval from S.C.A.Q.M.D.) 51604 28) For the installation or relocation of each commercial Each 93.17 96.78 or industrial -type incinemtor (Shall have permit and approval from S.C.A.Q.M.D.) 51604 29) Inspections outside of normal business hours Per Hour 93.17 96.78 (4 hour minimum charge for Holidays, Saturday or Sunday inspections) 51604 30) ReAnspection fee assessed under applicable provisions Per Hour 93.17 96.78 of the Building Code 51604 31) Inspections forwhich no fee is specifically indicated Per Hour 93.17 96.78 (minimum charge - one (1) hour) 51604 32) Additional plan review required by changes, additions Per Hour 93.17 96.78 or revisions to approved plans (minimum charge - one (1) hour) MECHANICAL PLAN CHECK FEES Whenever mechanical plans are required by the Building Official, plan check fees shall be 65% of the mechanical permit fee and shall be paid at the time of submitting plans. PLUMBING CODE 51602 Any person desiring a permit required bythe Plumbing Codeshall, Each Permit 44.54 46.27 at the time of f Iing an application, pay a fee of $46.27. There is no minimum fee forthe issuance of a permit far single family residences and duplexes. The minimum total fee for issuance of a permit forall other uses 72.79 75.61 shall be $75.62. 75A-2-71 61 RESOLUTION 2018-XXX 3.88Y PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING & BUILDING AGENCY FEE SCHEDULE 51602 1) For each plumbing fixture or trap orset of fixtures Each 11.00 11.43 on one trap (including water, drainage piping, and backflow protection therefore) 51602 2) For each dental unit Each 22.06 22.92 51602 3) Medical gas piping system per 100' Per 100' 22.06 22.92 51602 4) For each building sewer Each 32.50 33.76 (a) Each additional connection Each 11.00 11.43 (b) Each additional 100 feet or fraction thereof Each 11.00 11.43 (c) Sewer/alteration/repair Each 22.06 22.92 51602 5) For each private sewage disposal system Each 67.49 70.10 51602 6) For each cesspool (where permitted) Each 32.50 33.76 51602 7) For each sewer cap Each 93.17 96.78 51602 8) For each fixture cap Each 5.89 6.12 51602 9) For each new gas piping system(includes one to Each 22.06 22.92 four outlets) 51602 10) For each gas outlet of five or more Each 3.50 3.63 51602 11) For the repair/replacement of a gas piping system Each 22.06 22.92 (includes one to four outlets) 51602 12) For the alteration/addition to an existing gas system Each 32.50 33.76 (includes one to four outlets) 51602 13) For each residential water heater and/or vent Each 11.00 11.43 51602 14) For each commercial boiler or water heater Each 56.14 58.32 51602 15) For installation, alteration, or repair of water Each 22.06 22.92 piping, each 100' 51602 16) Rain water piping (buried), each 100' Each 14.22 14.77 51602 17) Rainwater systems- per drain (inside building) Each 22.06 22.92 51602 18) Roof drain system, per drain Each 22.06 22.92 75A-2-72 62 RESOLUTION 2018-)= 3.88%. PROPOSED REVENUE FY 17-19 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING & BUILDING AGENCY 51602 19) Deck drains, per drain Each 7.75 8.05 51602 20) For each lawn sprinkler system on any one meter, Each 14.22 14.77 including backflow protection devices therefore (atmospheric type only) 51602 21) For atmospheric -type vacuum breakers not included in Item 20: 0 to 11.00 11.43 Over S,each 3.50 3.63 51602 22) For each backflow protective device other than atmospheric -type vacuum breakers: 2 inches and smaller 11.00 11.43 Overt inches 22.06 22.92 51602 23) Foreachpooltrap Each 11.00 11.43 51602 24) For each pool heater Each 56.13 58.31 51602 25) For each industrial waste pretreatment interceptor Each 18.65 19.37 including its trap and vent, excepting kitchen -type grease Interceptors functioning as fixture traps 51602 26) For each residential water conditioner Each 11.00 11.43 51602 27) For each commercial water conditioner Each 22.06 22.92 51602 28) For repair or alteration of drainage or vent piping, Each 22.06 22.92 each fixture 51602 29) For each appliance, fixture or piece of equipment regulated Each 32.50 33.76 by this code but not classed in other categories, for which no other fee is listed in this code (a) Sewage Ejector (b) Sump Pump (c) Hot Water Storage Tank (d) Heat Exchanger (e) Cooling Tower (f) House Booster Pumps 51602 30) Temporary Gas Service, Prior to Approval Each Meter 234.98 244.09 Or Occupancy (30 Days) At the time of application for temporary power, the owner shall post a $1,00 cash or cashier's check for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. 51602 31) Inspections outside of normal business hours (4 hour Per Hour 93.17 96.78 75A-2-73 63 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING& BUILDING AGENCY minimum charge for Holidays, Saturday or Sunday inspections). 51602 32) Re -inspection fee assessed under applicable provisions Per Hour 93.17 96.78 of the Building Code 51602 33) Inspections for which no fee is specifically indicated Per Hour 93.17 96.78 (minimum charge - one (1) hour) 51602 34) Additional plan review required by changes, additions or Per Hour 93.17 96.78 revisions to approved plans (minimum charge -one (1) hour) PLUMBING PLAN CHECK FEES Whenever plumbing plans are required by the Building Official, plan check fees shall be 65% of the plumbing permit fee and shall be paid at the time of submitting plans. GRADING PERMITS 51606 Any person desiring a grading permit required by the Building Each Permit 44.54 46.27 Code, shall, at the time of filing an application, pay a fee of $4617. FEESCHEDULE 51606 1) Grading Permit: Minimum Per Hour 93.17 96.78 a. One and Two S.F.D. 1 Hour b. Multiple Residential including, Residential tracts, 2Hours Apartments, Condominiums, Hotels, Motels, and Similar Construction c. Non -Residential Site Less Than 2 Acres 3Hours d. Nan -Residential Site 2 Acres and More 5 Hours e. Preliminary Grading Permit, Underground Tank 1 Hour Removal and Excavation for Soil Contamination f. Existing Parking Lot Resurfacing and Repainting 1 Hour 51606 2) In addition to the above noted permit fees, Minimum Sq. Ft. 0.04 0.05 a fee shall be collected for new site improvements, new parking lots, new concrete curb and gutter, and asphalt paving. 51606 3) Inspections outside of normal business hours Per Hour 93.17 96.78 (4 hour minimum charge for Holidays, Saturday or5unday inspections). 51606 4) Re -inspection fee assessed under applicable Per Hour 93.17 96.78 75A-2-74 64 RESOLUTION 2018-X1IX 3.88% PROPOSED REVENUE FY 17-18 FY 18-29 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I% PLANNING& BUILDING AGENCY provisions of the Building Code. 51606 5) Inspections for which no fee is specifically Per Hour 93.17 96.78 indicated (minimum charge - one (1) hour) SOLARENERGYCODE 51611 Any person desiring a permit required by the Solar Energy Each Permit 44.54 46.27 Code shall, at the time of filing, pay an application, fee of $46.27. There is no minimum fee forthe Issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be$75.61. 72.79 75.61 FEE SCHEDULE 51611 1) For collectors (including related piping and regulating devices): Up to 1,000 sq. ft. (93m') 11.00 11.43 Between 1,001(93.1m) and 2,000 sq. ft. (186m') 18.65 19.37 More than 2,000 sq. ft. (18m') 18.65 19.37 plus per 1,000 sq. ft. (93m) or fraction 1.95 2.03 thereof over 2,000 sq. ft. (186m') 51611 2) For storage tanks(including related piping and regulating devices): Up to 750 gallons(3m') 9.43 9.80 Between 751(3m') and 2,000 gallons 16.95 17.60 More than 2,000 (8m') gallons 16.95 17.60 plus per 1,000 (40) or fraction thereof 1.95 2.03 over 2,000 gallons (Sm') 51611 3) For rock storage: Up to 1,500 cu. ft. (42m) 11.00 11.43 Between 1,501(42.1m) and 3,000 cu. ft. (84m') 18.65 19.37 More than 3,000 cu. ft. (84m3) 18.65 19.37 75A-2-75 66 RESOLUTION 2018-70(X 3,88% PROPOSED REVENUE FY 17-I8 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY plus per 1,000 cu. ft. (28m) or fraction 1.94 2.02 thereof over 3,000 cu. ft. (84m') 51611 4) Self-contained water heater(residential type) Each 11.00 11.43 51611 5) Water heater (commercial type) Each 56.14 58.32 51611 6) Heat exchanger Each 11.00 11.43 51611 7) Water piping replacement, each 100 feet Each 22.06 22.92 51611 8) Gas piping service, 1-5 outlets Each 22.06 22.92 51611 9) Backflow prevention device Each 11.00 11.43 51611 10) For each appliance or piece of equipment regulated Each 11.00 11.43 by this code for which no fee is listed 51611 11) Inspections outside of normal business hours Per Hour 93.17 96.78 (4 hour minimum charge for Holidays, Saturday and Sunday inspections) 51611 12) Re -Inspection fee assessed under provisions of the Per Hour 93.17 96.78 Building Code 51611 13) Inspections for which no fee is specifically indicated Per Hour 93.17 96.78 (minimum charge - one (1) hour) 51611 14) Additional plan review required by changes, Per Hour 93.17 96.78 additions, or revisions to approved plans (minimum charge - one (1)hour) SOLAR PLAN CHECK FEES Whenever solar plans are required by the Building Official, plan check fees shall be 65%of the solar permit fee and shall be paid at the time of submitting plans. 75A-2-76 66 RESOLUTION 2018-)= 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 51001 Bingo License Fee Each 55.80 57.97 51401 Alarm User Permit Commercial & Residential Per Year 33.48 34.78 53413 False Alarm Services (Code 459) Burglary Calls Commercial & Residential Per Incident 1st Incident No Charge No Charge 2nd Incident 81.90 85.08 3rd Incident 109.21 113.44 4th Incident 136.51 141.80 5th Incident 163.81 170.17 6th Incident - fee & warning ofnon-response 218.41 226.89 7th Incident 327.62 340.33 8th Incident - fee & placed on non -response status 436.83 453.77 53413 False Alarms (Code 211) Robbery Calls - Residential Per Incident 1st Incident No Charge No Charge 2nd Incident 81.90 85.08 3rd Incident 136.51 141.80 4th Incident 191.11 198.53 Sth Incident 245.71 255.25 6th Incident - fee & warning ofnon-response 300.32 311.97 7th Incident 436.83 453.77 8th Incident - fee & placed on non -response status 546.03 567.22 53413 False Alarms (Code 211) Robbery Calls - Commercial Per Incident 1st Incident 109.21 113.44 2nd Incident 136.51 141.80 3rd Incident 191.11 198.53 4th Incident 245.71 255.25 Sth Incident 300.32 311.97 5th Incident - fee & warning of non -response 354.92 368.69 7th Incident 436.83 453.77 Sth Incident - fee & placed on non -response status 546.03 567.22 53419 Firearms Examination Service Fee -Outside Agencies Basic Function Exam - per firearm 39.06 40.58 Full Function Exam - per firearm 234.38 243.47 Examination & Comparison 357.15 371.01 Examination&Comparison - Major Crime (up to 6 hours) 691.98 718.82 Hourly charge in excess of 6 hours - each additional hour 111.61 115.94 53409 Storage of Weapon Fee - per weapon 100.00 100.00 1-1-05 state law change (AO 2431, PC 12021.3): fee can be charged when any weapon Is released to an owner orgun dealer 53404 Fingerprint Fee Per Card 25.67 26.67 City processing fee only Applicants exempted by law shall not pay. 99810002 Fingerprint Fee 57491 State processingfee Actual Cost Actual Cost Forall fingerprinting requiring State processing, the applicable state fee will be added to the $25.67 City fee above. 53407 Citation Sign Off - Nan-SAPD Equipment violators Per Incident 16.74 17.39 67 75A-2-77 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 53407 Vehicle Citation Sign Off -SAPD Per Citation 5.33 5.54 57470 Copy of Lost Citation Per Citation 2.13 2.22 57000 Driving Under Influence Cost Recovery Actual Cost Actual Cost Persons arrested for driving under the influence Per Incident Up to $12,000 Up to$12,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Police Pursuits Cost Recovery Actual Cost Actual Cost Persons apprehended in police pursuits Per Incident Up to $12,000 Up to $12,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Hit & Run Accident Investigation Actual Cost Actual Cost Persons responsible for hit and run accidents Per Incident Up to $12,000 Up to $12,000 Pursuant to Government Code Sec 53150 et seq. 57000 Disturbing the Peace Police Service Fee Each Actual Cost Actual Cost Pursuant to S.A. Municipal Code Sec. 10-300 et seq. Up to$500 Up to$500 51607 Ice Cream Truck Vendor Permits Includes one Driver/Operator Each 256.70 266.66 Additional Truck Each 40.18 41.74 53419 License to Sell Pistols/Revolvers Per License 161.83 168.11 53416 Administration Citation Fee First Violation 111.61 115.94 Allows Animal Service Officers the rightto cite for State and Second Violation 223.22 231.88 Local Animal Law Violations Third Violation 558.04 579.70 53405 Police Evidence Photos to CD/DVD Per set-up Each 20.00 20.00 53405 Digital Media Reproduction Each 27.90 28.98 53405 Police Evidence Tape (audio or video tape) Each 40.18 41.74 53417 Police Accident Reports Each 20.00 20.00 53403 Search Fee (no case R) Each 10.00 10.00 53417 Police Immigration/Clearance Letters Each 20.00 20.00 53417 Police Incident Reports Citizens Request for Information Form Each" 20.00 .20 cents per page -Reports in excess of 20 pages Per Page 1.00 .20 cents per page 53403 Search fee (no case R) 10.00 10.00 57000 Request to Review Criminal History Per Request 20.00 20.00 57000 Request to Review Incident Information Per Request 20.00 FREE 53411 Jail Pay to Stay Program fee Per Request 110.00 110.00 53420 Jail Booking Fee Per Conviction 239.96 249.27 57401 Police Security Services Commander Per Hour 86.51 89.87 Sergeant Per Hour 108.26 112.46 Police Officers Per Hour 90.33 93.83 PCO/PSO/Reserve Per Hour 48.39 50.27 75A-2-78 68 RESOLUTION 2018401 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE ORSERVICE UNIT FEES FEES SECTION % POLICE DEPARTMENT 53410 Impound of Owner Release Animals Per Impound" 115.18 119.65 (includes 2 nights hoarding charge) "County of Oronge fee, subject to change. 51607 Pushcart Permits Vendor/Operator Permit-lcart Each- 256.70 266.66 'Additional Carts/Operators Each 40.18 41.74 53400 Release of Impounded Vehicles-SAPD/Traffic Vehicle Registration Expired Over 6 Months Each 149.31 155.10 Unlicensed/Suspended-Revoked Drivers Each 202.63 210.49 53423 Vehicle Storage Fee Each 75.00 77.91 57402 Solicitation Permit Per Permit 40.18 41.74 Vehicle for Hire (Taxi) Fees Driver's Permits Each 39.06 40.58 (Original, Renewal, Replacement or Duplicate) Vehicle for Hire Permit Each 161.83 168.11 Vehide for Permit Transfer Each 6.70 6.96 57402 Reinspection Fee -Plan Checks/Not Completed Minimum' 45.76 47.54 '$45.76 minimum or hourly employee rate. Fee to be charged when inspection is called far work not complete or corrections coiled for are not made. Second Hand Dealer Fee Each 79.24 82.32 53407 Equipment Violation Pursuant to SAMC Sec. 40225 Each 87.04 90.42 Proof of Correction Each 10.00 10.39 51402 Street Closure Permit Per Permit 156.25 162.32 Accelerated Processing Fee Per Permit, Additional 156.25 162.32 57010 Downtown Event Litter Control Deposit Per event, up to 3 blocks 546.03 567.22 53613 Land Use Certificate Processing Fee for temporary outdoor event Per Permit 34.60 35.94 Accelerated Processing Fee Per Permit 74.78 77.68 50045 Escort Bureau, Introduction Service Establishment, and Escort Fees Program administered by Police Department Escort Bureau Permit Each 806.93 938.24 Introduction Service Permit Each 806.93 838.24 Escort Permit Each 172.99 179.71 75A-2-79 69 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 5OD45 Massage Establishment/Massage Technician Fees: Program administered by Police Department Massage Establishment Permits Each 806.93 838.24 Massage Technician Permits Each 334.83 347.82 Massage Technician Testing Fee Each 167.41 173.91 Massage Technician Transfer/Duplicate Each 39.06 40.58 Massage Establishment Sale Transfer Each 806.93 838.24 Massage Establishment Change of Location or Name Each 290.18 301.44 NOTE: Massage Establishment Permit Applicants who are also Massage Technician Permit Applicants shall only be required to pay the Massage Establishment Permit Fee. 51403 Tobacco License Fee Each 693.46 720.37 SOD45 Pool/Billiard Permit Fee Each 348.22 361.73 Program administered by Police Department 57402 Police Training Media Reproduction Per Media 51.34 53.33 55000 Parking Violation: Late fee Violations with a'base'(original) 50%of base fine. 50%of base fine. fine of $100 or less:(Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 150% fine is 150% of base fine. of base fine. Violations with a 'base' (origin at) 20%of base fine. 20%of base fine. fine of $100 or more:(Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 120% fine is 120% of base fine. of base fine. Additional late charges will be imposed at the time an unpaid Parking Violation penalty is placed as a vehicle registration "hold" with DMV. The "total" Late Charge assessed will increase to: Violations with abase' (original) 90%of base fine. 90%of base fine. fine of $200 or less: (Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 190% fine is 190% of base fine. of base fine. Violations with a'base'(originap 40%of base fine. 40%of base fine, fine of $100 or more: (Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 140% fine is 140% apparatus answering a fire alarm Pursuant to SAMC Sec. 36-41(7) Each 56.00 58.00 55000 Permit required Special Parking District Pursuantto SAMC Sec. 36-493(a) Each 47.00 48.00 55000 Parking in a red zone Pursuant to SAMC Sec. 36-131(1) Each 64.00 66.00 55000 Parking in a yellow zone Pursuant to SAMC Sec. 36-131(2) Each 47.00 48.00 55000 Parking In a white zone Pursuant to SAMC Sec. 36-131(3) Each 47.00 48.00 55000 Parking in a green zone Pursuant to SAMC Sec. 36-131(4) Each 47.00 48.00 70 75A-2-80 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 55000 Parking in a blue (handicapped) zone Pursuant to SAMC Sec. 36-131(5) Each 211.00 115.00 55000 Cancellation of citation (Disabled Placards) Each 25.00 25.00 55000 Parking in a "No Parking" zone Pursuant to SAMC Sec. 36-132 Each 62.00 70.00 55000 No parking -street sweeping Pursuant to SAMC Sec. 36-133 Each 63.00 64.00 55000 Parking in violation of "emergency no parking sign" Pursuant to SAMC Sec. 36-134 Each 68.00 70.00 55000 Parking in alley Pursuant to SAMC Sec, 36-135(a) Each 55.00 57.00 55000 Stopping, standing or parking a vehicle w/n parkway Pursuant to SAMC Sec. 36-135(b) Each 55.00 57.00 55000 Parking at certain places and for certain purposes Pursuant to SAMC Sec. 36-136 Each 55.00 57.00 55000 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36-136(a) Each 63.00 65.00 55000 Parking over 72 hours Pursuant to SAMC Sec. 36-136(b) Each 63.00 65.00 55000 Parking on left side of one-way roadway Pursuant to SAMC Sec. 36-136(d) Each 39.00 40.00 55000 Parking outside of lapping marked parking Pursuant to SAMC Sec. 36-138(a) Each 47.00 48.00 55000 Angle parking prohibited In certain areas Pursuant to SAMCSec. 36-139 Each 47.00 48.00 55000 Parking in restricted areas. Time limit parking Pursuantto SAMC Sec. 36-142 Each 47.00 48.00 55000 Overnight parking prohibited in certain areas Pursuantto SAMC Sec. 36-144 Each 39.00 40.00 55000 Parking any commercial vehicle over 10,000lbs. In a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36-145 Each 78.00 81.00 55000 Parking on City property Pursuant to SAMC Sec. 36-147 Each 39.00 40.00 55000 Parking an property of Joint Powers Agency -city is member Pursuant to SAMC Sec. 36-147.1 Each 39.00 40.00 75A-2-81 71 RESOLUTION 2038-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 55000 Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36-402(1) Each 40.00 41.00 55000 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec. 36-402(2) Each 56.00 58.00 55000 Park any vehicle restricting traffic(ingress/egress) Pursuant to SAMC Sec. 36-432(2) Each 56.00 58.00 55000 Park any vehicle with trailer, etc., restricting traffic Pursuant to SAMC Sec. 36-432(4) Each 68.00 70.00 550OO Red no parking areas -striped no parking areas Pursuant to SAMC Sec. 36-432(5) Each 56.00 58.00 55000 Parking outside/across designated parking lines Pursuant to SAMC Sec. 36-432(6) Each 47.00 48.00 55000 Parking overtime on public parking lot Pursuant to SAMC Sec. 36-432(9) Each 47.00 48.00 55000 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC Sec. 36-432(11) Each 40.00 41.00 55000 Park any truck in excess of 2 tons in parking lot Pursuant to SAMC Sec. 36-432(12) Each 56.00 58.00 55000 Unauthorized parking in "handicapped" zone Pursuant to SAMC Sec. 36-432(15) Each 85.00 88.00 55000 Continued Time Zone Pursuant to SAMC Sec. 36-143 Each 47.00 48.00 55000 Parking within an Intersection Pursuant to CVC Sec. 22500(a) Each 54.00 56.00 55000 Parking within a crosswalk Pursuant to CVC Sec. 22500(b) Each 54.00 56.00 55000 Parking adjacent to safety zone Pursuant to CVC Sec. 22500(c) Each 54.00 56.00 55000 Parking within 15 ft. of driveway entrance of fire station Pursuant to CVC Sec. 22500(d) Each 54.00 56.00 55000 Parking on a sidewalk Pursuant to CVC Sec. 22500(f) Each 54.00 56,00 75A-2-82 72 RESOLUTION 2018-XXX 3.891% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 55000 Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to CVC Sec. 22500(g) Each 54.00 56.00 55000 Double Parking Pursuant to CVC Sec. 22500(h) Each 54.00 56.00 55000 Parking upon a bridge Pursuant to CVC Sec. 22500(k) Each 54.00 56.00 55000 Parked, right hand wheels more than 18" from right hand curb Pursuant to CVC Sec. 22502(a) Each 54.00 56.00 55000 Motorcycle parked, one wheel or fender not touching curb Pursuant to CVC Sec. 22502(e) Each 54.00 56.00 55000 Parked within 15 feet of fire hydrant Pursuant to CVC Sec. 22514 Each 54.00 56.00 55000 Unattended vehicle, stop motor and set breaks Pursuant to CVC Sec. 22515(a) Each 60.00 62.00 55000 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to CVC Sec. 22507.8(a) Each 376.00 390.00 55000 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(b) Each 376.00 390.00 55000 Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) Each 376.00 390.00 55000 Entering an Intersection, Rail -crossing or crosswalk Pursuant to CVC Sec. 22526 Each 171.00 177.00 55000 No year or Month License Plate Tab Pursuant to CVC Sec. 5204 Each 108.00 112.00 55000 No Vehicle Front/Rear License Plate Pursuant to CVC Sec. 5200 Each 108.00 122.00 55000 Stopping/Parking in a Fire Lane Pursuant to CVC Sec. 22500.1 Each 119.00 123.00 55000 Parking in Front of a Driveway Pu rsuant to CVC Sec. 22500(e) Each 54.00 56.00 55000 Parking vehicleforsale -Ist violation See Planning& Building section of Pursuant to SAMC Sec. 41-1301(0) Misc. Fee Schedule 75A-2-83 73 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-I8 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION POLICE DEPARTMENT 55000 Parking vehicle forsale-2ndconviction w/in year See Planning & Building section of Pursuant to SAMCSec. 41-1301(a) Misc. Fee Schedule 55000 Parking year See Planning & Building section of Misc Fee Schedule Pendant to SAMCdcoavictionw/in Pursuant ro SAMCSec. 41-1301(0) Program administered by Police Department 53319 Park Ranger/Security Per Hour 61.16 63.54 55000 Occupied Motor Home Each 35.00 36.00 Pursuant to SAMC Sec. 10.89 55000 Park Hours Each 95.00 98.00 Pursuant to SAMC 31-2.9 55000 Parked on Park Property Each 37.00 38.00 Pursuant to SAMC 31-2.16c 55000 Exceed Period -Vehicle Storage Each 116.00 120.00 Pursuant to SAMC 36.434 55000 Improper Display of Permit Each 41.00 42.00 Pursuant to SAMC 36-488 55000 Off Truck Route Each 89.00 92.00 Pursuant to SAMC 36-171 53416 Wild Animal Permit Fee (Nonrefundable) Pursuant to SAMC Sec. 5-8 Each 153.57 159.53 55402 Commercial Vehicle Violation: Public Streets vehicle in excess of 6 ft. in height parked within 100 ft. of posted intersection (SAMC 36-145.5) First Violation Per Violation 66.00 68.00 Second Violation (within a 12 month period) Per Violation 100.00 103.00 Third Violation (within a 12 month period) Per Violation 125.00 129.00 55606 Fireworks Administrative Citation Per First Violation and Pursuant to SAMC Sec. 1-21 any Subsequent Violation 1,000.00 1,000.00 75A-2-84 74 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 05817002-51701 Transportation Permits/Oversize/Overweight Annual Permit (Per CALTRANS) Single Trip Permit (Per CALTRANS) Fax Processing Service (Optional) 01117002-51701 Building Moving Permits Permit Fee (Per CALTRANS) Building Under 1,000 sq. ft. Building 1,000 sq. ft. or over Legal Weight/Size Load 01117002-57991 Banner and Decorations Application Fee Removal Fee 01117002-51608 Newsbox Permits and Inspection Initial/Renewal Permit Fee Annual Inspection Fee 01117002-53707 Curb Painting 01117002-53707 Street Name Sign 01117002-53707 Miscellaneous Street Signs Stop, Yield, Bus Stop, etc. 06817002-57010 Tree Planting 24" box minimum tree 06817002-57010 ETACTree Appeal Fee 08617002-57770 City Street Map(22"X29") First Map Additional 08617002-57770 Water System Map(62"X78") 08617002-57770 Sewer System Map(62"X78") 10117002-57006 Geographic Information System (GIS) Consultant(s) Time Staff Time 08617002-56305 Telecommunications Facility Application 08617002-51704 Telecommunications Facility Inspection Charged in addition to Street Work Permits/Inspection Fees 09617002-56305 Accelerated Plan Check for Public Improvements 08617002-56305 Traffic Analysis/Studies Plan Check 08617002-56305 Improvement Plan Check Per Hour NOTE: Street Storm Drain, Traffic, Grading, Sewer and Water Pion Check and Storm Drain, Sewer, Water and Related Studies. Each 90.00 90.00 Each 16.00 16.00 Per Fiscal Year 41.30 42.90 Each 90.00 90.00 Each 16.00 16.00 Each 16.00 16.00 Not Required No Charge No Charge Per Transaction 163.13 169.46 Per Street Per Pale 163.13 169.46 Per Publication 188.38 195.69 Per Location 48.99 50.89 Per Foot 12.51 12.99 Minimum 226.71 235.51 Each 393.14 408.40 Each 404.16 419.84 Each 789.05 819.66 Each 187.57 194.85 Each 3.97 4.12 Each 3.97 4.12 Each 11.57 12.01 Each 11.57 12.01 Actual Contract Actual Contract Actual Staff Cost Actual Staff Cost Each 1,069.24 1,110.73 Each 430.93 447.65 Per Hour 248.42 258.06 Per Hour 229.59 238.50 Per Hour 186.03 193.25 75A-2-85 75 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-56305 Surface Drainage Plan Check Per Hour 186.03 193.25 08617002-56305 Improvement Standard Plans/Specifications Storm Drains Set 13.48 14.00 Street Improvements Set 17.32 17.99 Sanitary Sewers Set 13.48 14.00 Water Improvements Set 23.10 23.99 Revision within 1 year 01117002-56305 Plans/Specifications Fees(nonrefundable) Reproduction 10 Sheets 28.88 30.01 Each additional 1.95 2.02 Mailing Minimum 16.98 17.63 08617002-56305 Tract Map - Final Per Hour 186.03 193.25 08617002-56305 Parcel Map - Final Per Hour 186.03 193.25 08617002-56305 Lot Line Adjustment/Lot Merger Per Hour 186.03 193.25 08617002-56305 Certificate of Compliance Per Hour 186.03 193.25 08617002-51704 Single Family Residence Repair Fee for: driveways, sidewalks, curb coring Each 275.51 286.20 05817002-53706 Street Work Permits/Inspection Fees Charged in addition to otherfees Each 312.01 324.12 08617002-51704 Inspection Fees: Trench Excavation/Back Fill Linear Foot 2.02 2.10 (unless included in otherfees) Minimum 167.19 173.68 08617002-51704 Storm Drains/Culverts, Sewer, Water Mains/Line Channels Linear Foot 9.42 9.79 Minimum 167.19 173.68 08617002-51703 Sewer Laterals/Water Services Each 1,021.96 1,061.61 08617002-51704 Traffic Occupancy or Lane Closure Requiring Signage All Streets Per Day 313.56 325.73 Minor Streets Deposit 991.41 1,029.88 Major Streets Deposit 1,319.99 1,371.21 08617002-51704 Manhole, Vaults, Catch Basins and required signage, striping or barricades Plus Earthwork Each 1,209.16 1,256.08 08617002-51704 Curb, Gutter or Combination including Earthwork Linear Foot 2.30 2.39 Minimum 167.19 173.68 08617002-51704 Curb Return, including Earthwork Each 310.82 322.88 08617002-51704 Sidewalk including Earthwork Sq. Foot 1.51 1.57 75A-2-86 76 RESOLUTION 2018-KKK 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-51704 Drive Approach including Earthwork 09617002-51704 Paving, including Earthwark (0- 20D0 sq. ft.) (Over 2000 sq. ft.) 08617002-51704 Fencing Masonry, Concrete or Block 08617002-57006 Street Trees By Developer, Inspection Only 08617002-51704 Permanent Street Patch Guarantee Refundable if done in 30 calendar days 08617002-51704 Projects Exceeding $50,000 & <=$300,000 and/or Work items not included here 08617002-51704 Projects Exceeding$100,000 and/or Work Items not included here 09617002-57006 Overtime Rate for Construction Inspectors Construction Inspector overtime rate range. Actual overtime hourly - rate based on Inspector's salary step 08617002-56305 Certificate of Correction 08617002-56305 Covenants, Conditions, & Restrictions; Agreements and Miscellaneous Checking 06817002-53710 Notice of Abatement- Standard Administration Fee 06817002-53710 Notice of Abatement -Multiple Postings in a 12-month Period 08617002-51704 Survey Monument Check: lst Monument Check Additional monument 08617002-51704 Uninitiated Street Work Permit 08617002-57790 Abandonment Processing Summary Non -Summary 167.19 173.68 Sq, Foot 1.03 1.07 Minimum 167.19 173.68 Sq. Foot 0.42 0.44 Sq. Foot 0.30 0.31 Minimum 167.19 173.68 Linear Foot: 1.79 1.86 Minimum 150.20 156.03 Each 202.50 210.36 Sq. Foot 37.84 39.30 Percent of estimated construction costs 9.59% 9.59% Percent of estimated construction costs 7.00% 7.00% Per Hour Actual OT Rate Actual OT Rate Per Hour 186.03 193.25 Per Hour 186.03 193.25 Each 412.08 428.07 Each 68.29 70.94 Each 944.97 981.63 Each 189.55 196.91 Per Permit Per Application Per Application Double Street Work Double Street Work Permit Fee Permit Fee 1,861.42 5,584.27 1,933.64 5,800.94 75A-2-87 77 RESOLUTION 2018-XX% 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIONXI PUBLIC WORKS AGENCY 05817002-51705 Encroachment Processing Each 492.67 511.79 06017002-53720 Meter Test in Field/Shop Each 110.04 114.31 Note: Fee is refunded if the metershows an error of more than 2% over the correct reading. 06017002-53720 Replace Meter (Removed for Unpaid Bills) t' Program administered by Public Works Agency. A 8/8'= Esel 69.54 7.iI a 3/4a 9, -.9 89.99 93.48 } 6ae4 3483i n."-86 9 f{2- foci, 347,89 964.99 6eelt 464.99 483.03 5/8"to 2" Each 118.74 3"to 6" Each 1,899.84 ' After business hours, the charge for replacement Minimum 150.20 156.03 *Refer to Summary of New, Modified and Deleted Fees 06017002-53720 p �eedb t5fiqiY Install New Water Service Meter " 5/8" 116.05 3/4" 142.42 1" 207.00 1 1/2" 396.82 2" 527.32 3" 2,891.97 4" 4,760.42 6" 7,963.46 'Refer to Summary of New, Modified and Deleted Fees 06017002-53720 Install New Residential Fire Service Meter 3/4" 289.10 1" 346.34 -Refer to Summary of New, Modified and Deleted Fees 06017002-53720 Cut-off Water Service in Street Each 388.75 403.84 06017002-53725 Temporary Construction Meter Deposit • Each 1,193.10 1,946.OD `Refer to Summary of New, Modified and Deleted Fees 06017002-53720 Removal of Straight Pipe(administered by PWA) Each 100.68 104.59 06017002-53720 Repair Curb Stop (administered by PWA) Each 148.31 154.06 06017002-53720 Beckflow Device Testing Administrative Fee Each 87.00 90.38 06017002-53720 Backflow Preventer 3rd and Final Notice Fee Each 105.20 109.28 06017002-53720 Fire Flow Test Application Fee Each 24.46 25.41 06017002-53720 Fire Flow Test Witness Fee Each 114.75 119.20 06017002-53720 Water Service Applicaiton Fee Each 24.46 25.41 06017002-53725 Construction Meter Dolly Rental Charge Per Day 2.00 2.08 01117002-51609 Outdoor Dining Fee Application Fee 1,319.83 1,371.04 Annual license fee based on size of dining area Square Foot 0.86 0.89 75A-2-88 78 RESOLUTION 2018-XXX 3.88% PROPOSED REVENUE FY 17-18 FY 18-19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-57006 Citywide Bicycle Locker Program Application Processing Per Fiscal Year 8.70 9.04 Security Deposit One-time, Refundable 86.86 90.23 Key Replacement Per Key 26.08 27.09 Lock Replacement Per Lock 138.99 144.38 Damage/Repair Fee Each 52.12 54.14 08617002-51704 Directional Boring Fee Per Linear Foot 2.35 2.44 01117002-51402 2nd Street Mall Use Fee Per Event 43.45 45.14 Drainage Assessment Area Fee Per Acre 22117002-SOSOO Area 1 7,227.39 7,507.81 22217002-50500 Area 2 8,712.83 9,050.89 22317002-50500 Area 3 4,690.86 4,872.87 22417002-50500 Area 4 6,923.36 7,191.99 22517002-50500 Areas 7,887.59 8,193.63 22617002-50500 Area 6 7,757.30 8,058.28 OSS17002-53701 Sewer Connection Fee Per Plumbing 103.27 107.28 Fixture Unit eee:.eermer Sewep ______.__-no Peryea+ 2338i6 2,;R9.49 •Referto Summary of New, Modified and Deleted Fees 08617002-57006 Residential Parking Permit Single Family Home - each permit every two years 66.97 69.56 maximum 3 permits Multi -family Home (up to four plex) - each permit every two years 66.97 69.56 maximum 1 permit Trench Cut Fees - Changes based on Engineering News Record Dry Utilities 05817002-53704 Arterial Street Resurfaced between 0 and 5 years 19.74 20.50 Resurfaced between 6and 30 years 17.48 18.16 Resurfaced between 11 and 15 years 16.44 17.07 Resurfaced between 16 and 20 years 13.14 13.65 05817002-53705 Local Street Resurfaced between 0 and 5 years 13.38 13.90 Resurfaced between 6 and 10 years 11.89 12.35 Resurfaced between 11 and 15 years 11.18 11.61 Resurfaced between 16 and 20 years 10.08 10.47 Resurfaced between 21 and 25 years 8.96 9.31 Wet Utilities 05817002-53704 Arterial Street Resurfaced between 0 and 5 years 30.68 31.87 Resurfaced between 6 and 10 years 27.15 28.21 Resurfaced between 11 and 15 years 25.55 26.54 Resurfaced between 16 and 20 years 20.44 21.23 G5817002-53705 Local Street Resurfaced between 0 and 5 years 20.80 21.61 Resurfaced between 6 and 10 years 18.47 19.18 Resurfaced between 11 and 15 years 17.35 18.03 Resurfaced between 16 and 20 years 15.66 16.26 Resurfaced between 21 and 25 years 13.93 14.47 75A-2-89 79 Summary of Proposed New Fees FY 2018-19 so 75A-2-90 Proposed New Miscellaneous Fees FY 2018-19 PUBLIC WORKS AGENCY 1. Install New 11/2" Meter &age781 Existing Fee: None Proposed Fee: $396.82 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $11,904.60. 2. Install New 1" Residential Fire Mete r[page 781 Existing Fee: None Proposed Fee: $346.34 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $10,390.20. 3. Install NewI" Meter [We 781 Existing Fee: None Proposed Fee: $207.00 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $10,350.00. 4. Install Newt" Meter [pege781 Existing Fee: None Proposed Fee: $527.32 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $7,909.80. 5. Install New 3" Meter [page 781 Existing Fee: None Proposed Fee: $2,891.97 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $2,891.97. 6. Install New3/a" Residential Fire Meter &age781 Existing Fee: None Proposed Fee: $289.10 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $14,455.00. 75A-2-91 81 PUBLIC WORKS AGENCY — CONTINUED 7. Install New3/4" Meter [page 781 Existing Fee: None Proposed Fee: $142.42 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $10,681.50. 8. Install New 4" Meter [page 781 Existing Fee: None Proposed Fee: $4,760.42 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $28,562.40. 9. Install New 5/8" Meter [page 781 Existing Fee: None Proposed Fee: $116.05 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $11,605.00. 10. Install New 6" Meter [page781 Existing Fee: None Proposed Fee: $7,963.46 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $23,890.38. 11. Replace Meter from 3" to 6" (Removed for Unpaid Bills) [page781 Existing Fee: None Proposed Fee: $1,899.84 This fee is for for staff time spent removing and replacing meters for nonpayment of bill. The projected annual revenue is $11,399.04. 12. Replace Meter from 5/8" to 2" (Removed for Unpaid Bills) [page 781 Existing Fee: None Proposed Fee: $118.74 This charge is for staff time spent removing and replacing meters for nonpayment of bill. The projected annual revenue is $32,534.76. 82 75A-2-92 COMMUNITY DEVELOPMENT AGENCY 13. TEFRA Hearing Fee -Housing Development Project [page 8] Existing Fee: None Proposed Fee: $832.40 This fee will be charged to developers of housing projects that request the City hold a Tax Equity and Financial Responsibility Act (TEFRA) hearing for issuance of bonds whereby the bond issuing agency does not provide a share of the associated issuance fees directly to the City (i.e. CA Statewide Communities Development Authority). For those agencies that shares the fees with the City, this new TEFRA Hearing fee will not be charged to the developers. 14. TEFRA Hearing Fee- Non -Housing Development Proiect [page 81 Existing Fee: None Proposed Fee: $644.40 This fee will be charged to developers of non -housing projects that request the City hold a Tax Equity and Financial Responsibility Act (TEFRA) hearing for issuance of bonds whereby the bond issuing agency does not provide a share of the associated issuance fees directly to the City (i.e. CA Enterprise Development Authority). For those agencies that shares the fees with the City, this new TEFRA Hearing fee will not be charged to the developers. PARKS, RECREATION AND COMMUNITYSERVICES AGENCY 15. Filming Permit Processing FeeStudent[page2f] Existing Fee: None Proposed Fee: $75.00 Proposing a new fee for student film permits this will provide a discount rate for students. 75A-2-93 83 Summary of Proposed Modified Fees FY 2018-19 75A-2-94 84 Proposals to Modify Existing Fees FY 2018-19 PUBLIC WORKS AGENCY 1. Temporary Construction Meter Deposit[page 781 Existing Fee: $1,193.10 Proposed Fee: $1,946.00 This fee is based on the cost of the equipment. PLANNING AND BUILDING AGENCY 2. Historic Property Preservation Agreement (Mill's Act Application) [page227 Existing Fee: $4,257.40 Proposed Fee: $4,422.59 In FY 17-18, Mill's Act 50% reduction expired, so full amount will now be charged, plus CPI. 3. Existing Name: Residential Rooftop Solar (1kW to 15kW) Proposed Name: Residential Photovoltaic System (1kW to 15kW) [page361 Existing Fee: $500.00 Proposed Fee: $450.00 Plus each additional kW over 15kW Existing Fee: $15.50 Proposed Fee: $15.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 4. Existing Name: Residential Rooftop Solar (1kW to 15kW) Proposed Name: Residential Thermal Systems (1kWth to 10 kWth) [page361 Existing Fee: $500.00 Proposed Fee: $450.00 Plus each additional kWth over 10 kWth Proposed Fee: $15.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 85 75A-2-95 PLANNING AND BUILDING AGENCY CONTINUED 5. Existing Name: Commercial Rooftop Solar Proposed Name: Commercial Rooftop Solar MW to 50kW) [page361 Existing Fee: $1,033.60 Proposed Fee: $1,000.00 Plus each additional kW over 50 kW up to 250 kW Existing Fee: $7.24 Proposed Fee: $7.00 Plus each additional kW over 250 kW Existing Fee: $5.17 Proposed Fee: $5.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 6. Existing Name: Commercial Rooftop Solar Proposed Name: Commercial Thermal Systems (1 kWth to 30 kWth) [page361 Existing Fee: None Proposed Fee: $1,000.00 Plus each additional kWth betweem 30 kWth up to 260 kWth Proposed Fee: $7.00 Plus each additional kWth over260 kWth Proposed Fee: $5.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. FIRE 7. Existing Name: Emergency Base Rate/Transportation (in Fire Dept -owned vehicle) Proposed Name: Emergency Base Rate/Transportation [page= Fees: $679.89 Update to modify name to remove "in Fire Dept -owned vehicle" text that is no longer a valid reference. 75A-2-96 86 PARKS, RECREATION, AND COMMUNITY SERVICES AGENCY 8. Santa Ana Zoo Admissions[paga20J Existing Fee(s): Proposed Fees: Zoo Admissions Fees (FulWay} Weekday -Adult $10.00 -Child/Senior $7.00 -Friends of Zoo $ Free -Groups (same for Full -day Weekend) -Adult (w/ schools, scouts, $8.00 etc.) -Child/Senior $5.00 (Half -day, after 2pm, M-F, except Holidays) -Adult $8.00 -Child/Senior $5.00 (Half -clay, after 2pm, Sat. -Sun., except Holidays) -Adult $10.00 -Child/Senior $7.00 Zoo Admissions Fees -Adult $12.00 -Child/Senior $ 9.00 -Friends of Zoo $ Free Eliminating zoo admissions separate pricing for weekdayfull day (adult, child/senior, Friends of the Zoo, Groups) weekend full day groups, half -day afer 2pm Monday -Friday, except Holidays, and half - day after 2pm Saurday-Sunday, except Holidays in favor of pricing for zoo admissions for adults, child/senior, and Friends of the Zoo based on the previous prices of zoo admissions full day weekend. 87 75A-2-97 Summary of Proposed Deleted Fees FY 2018-19 75A-2-98 88 Proposals to Delete Fees FY 2018-19 PUBUC WORKS AGENCY 1. Sewer Grease Cleaning [page 791 Existing Fee: $2,338.46 Proposed Fee: None This service is no longer offered and will therefore be deleted from the Miscellaneous Fee Schedule. 2. Replace Meter (Removed for Unpaid Bills) 11/2" [page 781 Existing Fee: $347.89 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 3. Replace Meter (Removed for Unpaid Bills) 1" [page 781 Existing Fee: $148.31 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 4. Replace Meter (Removed for Unpaid Bills) 2" [page 781 Existing Fee: $464.99 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 5. Replace Meter (Removed for Unnaid Bills) 3/4" [page 78] Existing Fee: $89.99 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 6. Replace Meter (Removed for Unpaid Bills) 5/8" [page 781 Existing Fee: $69.54 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 75A-2-99 89 Clerk of the Council 7. Subscriptions [page 31 Agenda or Minutes: Council: Existing Fee: Proposed Fee: Boards/Commissions: Existing Fee: Proposed Fee: $83.85 None $41.93 None Subscriptions are no longer being mailed because a free email subscription service has replaced it. Proposed effective date is July 1, 2018. Parks, Recreation and Community Services Agency 8. Non-resident Library Card Fee [page157 Existing Fee: $45.00 Proposed Fee: None In an effort to promote the use of the Library and bring additional people to the City of Santa Ana, Parks, Recreation and Community Services Agency is removing this fee. Planning and Building Agency 9. Business Certificate of Occuoancv[page50] Existing Fee: $90.67 Proposed Fee: None It is an obsolete fee and does not truly reflect the cost we provide for the service of certificate of occupancy. 75A-2-100 90 EXHIBIT 3 Summary of Proposed New Fees FY 2018-19 75A-2-101 EXHIBIT 3 Proposed New Miscellaneous Fees FY 2018-19 PUBLIC WORKS AGENCY 1. Install New 11/2" Meter [page 781 Existing Fee: None Proposed Fee: $396.82 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $11,904.60. 2. Install New 1" Residential Fire Meter[page78J Existing Fee: None Proposed Fee: $346.34 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $10,390.20. 3. Install New 1" Meter [page 781 Existing Fee: None Proposed Fee: $207.00 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $10,350.00. 4. Install New 2" Mete r[page 781 Existing Fee: None Proposed Fee: $527.32 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $7,909.80. 5. Install New 3" Meter [page 78] Existing Fee: None Proposed Fee: $2,891.97 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $2,891.97. 6. Install New 3/4" Residential Fire Meter [page 781 Existing Fee: None Proposed Fee: $289.10 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $14,455.00. 75A-2-102 EXHIBIT 3 PUBLIC WORKS AGENCY - CONTINUED 7. Install New 3/4" Meter [page 781 Existing Fee: None Proposed Fee: $142.42 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $10,681.50. 8. Install New4" Meter [page 781 Existing Fee: None Proposed Fee: $4,760.42 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $28,562.40. 9. Install New 5/8" Meter [page 781 Existing Fee: None Proposed Fee: $116.05 This charge is based on the cost of the meter and staff time spent to install a new meter as part of water service. The projected annual revenue is $11,605.00. 10. Install New 6" Meter [page 781 Existing Fee: None Proposed Fee: $7,963.46 This charge is based on the cost of the meter and staff time spent to install a new meter as part of a water service. The projected annual revenue is $23,890.38. 11. Replace Meter from 3" to 6" (Removed for Unoaid Bills) [page 781 Existing Fee: None Proposed Fee: $1,899.84 This fee is for for staff time spent removing and replacing meters for nonpayment of bill. The projected annual revenue is $11,399.04. 12. Replace Meter from 5/8" to 2" (Removed for Unpaid Bills) [page 781 Existing Fee: None Proposed Fee: $118.74 This charge is for staff time spent removing and replacing meters for nonpayment of bill. The projected annual revenue is $32,534.76. 75A-2-103 *0:u 31110 COMMUNITY DEVELOPMENT AGENCY 13. TEFRA Hearing Fee -Housing Development Proiect [page81 Existing Fee: None Proposed Fee: $832.40 This fee will be charged to developers of housing projects that request the City hold a Tax Equity and Financial Responsibility Act (TEFRA) hearing for issuance of bonds whereby the bond issuing agency does not provide a share of the associated issuance fees directly to the City (i.e. CA Statewide Communities Development Authority). For those agencies that shares the fees with the City, this new TEFRA Hearing fee will not be charged to the developers. 14. TEFRA Hearing Fee- Non -Housing Development Project [page 8J Existing Fee: None Proposed Fee: $644.40 This fee will be charged to developers of non -housing projects that request the City hold a Tax Equity and Financial Responsibility Act (TEFRA) hearing for issuance of bonds whereby the bond issuing agency does not provide a share of the associated issuance fees directly to the City (i.e. CA Enterprise Development Authority). For those agencies that shares the fees with the City, this new TEFRA Hearing fee will not be charged to the developers. PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 15. Filming Permit Processing Fee-Student[page2l] Existing Fee: None Proposed Fee: $75.00 Proposing a new fee for student film permits this will provide a discount rate for students. 75A-2-104 EXHIBIT 3 Summary of Proposed Modified Fees FY 2018-19 75A-2-105 EXHIBIT 3 Proposals to Modify Existing Fees FY 2018-19 PUBLIC WORKS AGENCY 1. Temporary Construction Meter Deposit[page 781 Existing Fee: $1,193.10 Proposed Fee: $1,946.00 This fee is based on the cost of the equipment. PLANNING AND BUILDING AGENCY 2. Historic Property Preservation Agreement (Mill's Act Application) [page271 Existing Fee: $4,257.40 Proposed Fee: $4,422.59 In FY 17-18, Mill's Act 50% reduction expired, so full amount will now be charged, plus CPI. 3. Existing Name: Residential Rooftop Solar (1kW to 15kW) Proposed Name: Residential Photovoltaic System MW to 15M [page36] Existing Fee: $500.00 Proposed Fee: $450.00 Plus each additional kW over 15kW Existing Fee: $15.50 Proposed Fee: $15.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 4. Existing Name: Residential Rooftop Solar (1kW to 15kW) Proposed Name: Residential Thermal Systems (1kWth to 10 kWth) [page361 Existing Fee: $500.00 Proposed Fee: $450.00 Plus each additional kWth over 10 kWth Proposed Fee: $15.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 75A-2-106 EXHIBIT 3 PLANNING AND BUILDING AGENCY CONTINUED 5. Existing Name: Commercial Rooftop Solar Proposed Name: Commercial Rooftop Solar MW to 5OkW) [page361 Existing Fee: $1,033.60 Proposed Fee: $1,000.00 Plus each additional kW over 50 kW up to 250 kW Existing Fee: $7.24 Proposed Fee: $7.00 Plus each additional kW over 250 kW Existing Fee: $5.17 Proposed Fee: $5.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. 6. Existing Name: Commercial Rooftop Solar Proposed Name: Commercial Thermal Systems (1 kWth to 30 kWth) [page 361 Existing Fee: None Proposed Fee: $1,000.00 Plus each additional kWth betweem 30 kWth up to 260 kWth Proposed Fee: $7.00 Plus each additional kWth over 260 kWth Proposed Fee: $5.00 Per Assembly Bill No. 1414 approved by the Governor on October 15, 2017, existing solar fees adopted with previous 2015 Assembly Bill No. 2188 are to be amended. Solar fees were implemented in 2015 as a mandate with Assembly Bill No. 2188 and are amended by October 15, 2017 Assembly Bill No. 1414. Existing fees shall be amended to the specific requirement of the legislation. FIRE 7. Existing Name: Emergency Base Rate/Transportation (in Fire Dept -owned vehicle) Proposed Name: Emergency Base Rate/Transportation [page.121 Fees: $679.89 Update to modify name to remove "in Fire Dept -owned vehicle' text that is no longer a valid reference. 75A-2-107 EXHIBIT 3 PARKS, RECREATION, AND COMMUNITY SERVICES AGENCY 8. Santa Ana Zoo Admissions [page20] Existing Feels): Proposed Fees: Zoo Admissions Fees (Fulklay} Weekday -Ad u It $10.00 -Child/Senior $7.00 -Friends of Zoo $ Free -Groups (same for Full -Jay Weekend) -Adult (w/ schools, scouts, $8.00 etc.) -Child/Senior $5.00 (Half -day, after 2pm, M-F, except Holidays) -Ad u It $8.00 -Child/Senior $5.00 (Half -day, afer 2pm, Sat - Sun., except Holidays) -Adult $10.00 -Child/Senior $7.00 Zoo Admissions Fees -Adult $12.00 -Child/Senior $ 9.00 -Friends of Zoo $ Free Eliminating zoo admissions separate pricing for weekdayfull day (adult, child/senior, Friends of the Zoo, Groups) weekend full day groups, half -day afer 2pm Monday -Friday, except Holidays, and half - day after 2pm Saurday-Sunday, except Holidays in favor of pricing for zoo admissions for adults, child/senior, and Friends of the Zoo based on the previous prices of zoo admissions full day weekend. 75A-2-108 EXHIBIT 3 Summary of Proposed Deleted Fees FY 2018-19 75A-2-109 EXHIBIT 3 Proposals to Delete Fees FY 2018-19 PUBLIC WORKS AGENCY 1. Sewer Grease CleaninE[page 791 Existing Fee: $2,338.46 Proposed Fee: None This service is no longer offered and will therefore be deleted from the Miscellaneous Fee Schedule. 2. Replace Meter (Removed for Unpaid Bills) 11/2" [page 781 Existing Fee: $347.89 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 3. Replace Meter (Removed for Unpaid Bills) 1" [page 781 Existing Fee: $148.31 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 4. Reolace Meter (Removed for Unpaid Bills) 2" [page 781 Existing Fee: $464.99 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 5. Reolace Meter (Removed for Unpaid Bills) 3/a" [page 781 Existing Fee: $89.99 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 6. Replace Meter (Removed for Unpaid Bills) 5/8" [page 781 Existing Fee: $69.54 Proposed Fee: None This fee is being removed and replaced by a new set of fees proposed under separate fee request form. 75A-2-110 EXHIBIT 3 Clerk of the Council 7. Subscriptions [page 3] Agenda or Minutes: :?iRT�IE Existing Fee: $83.85 Proposed Fee: None Boards/Commissions: Existing Fee: $41.93 Proposed Fee: None Subscriptions are no longer being mailed because a free email subscription service has replaced it. Proposed effective date is July 1, 2018. Parks, Recreation and Community Services Agency 8. Non-resident Library Card Fee [page 167 Existing Fee: $45.00 Proposed Fee: None In an effort to promote the use of the Library and bring additional people to the City of Santa Ana, Parks, Recreation and Community Services Agency is removing this fee. Planning and Building Agency 9. Business Certificate of Occuoancv[page50J Existing Fee: $90.67 Proposed Fee: None It is an obsolete fee and does not truly reflect the cost we provide for the service of certificate of occupancy. 75A-2-111 75A-2-112 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 0 CLERK OF COUNCIL USE ONLY: JUNE 5. 2018_ TITLE: APPROVE PRE -PAYMENT FOR THE CITY'S ANNUAL UNFUNDED ACTUARIAL LIABILITY TO CALIFORNIA PUBLIC RETIREMENT SYSTEM SAFETY PLAN FOR FY 2018-19 (STRATEGIC PLAN NO. 4, 2D) CI ANAGER RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the pre -payment for the City's annual Unfunded Actuarial Liability to California Public Employees Retirement System (CaIPERS) — Safety Plan for fiscal year 2018-19 in the amount of $18,690,264. Due to rising pension obligations, municipalities are tasked with identifying cost-effective mechanisms in addressing retirement costs. An element identified was pre -paying the City's annual Unfunded Actuarial Liability (UAL) obligations. The UAL amount is traditionally paid on a monthly basis (12 payments) during the fiscal year. After discussion and confirmation between City Staff and its CaIPERS Actuary the following UAL amount(s) is owed for FY 2018-19: FY 2018-19 (Safety Plan)*** $19,367,208 $18,690,264 *amount owed by the City if paid over twelve monthly payments "amount is due by 7MI18 per July 2017 CaIPERS Actuarial Valuation Report (Safety Plan) "Safety Plan consists of unfunded actuarial obligations related to both the Police and Fire Department CaIPERS staff has confirmed if the City submits the pre -payment in the amount of $18,690,264 by July 31, 2018, the UAL obligation for FY 2018-19 will be met and would result in a savings of $676,944. Specifically, the savings will be allocated in the proposed FY 2018-19 budget as follows: • Police Department Retirement Costs - $259,023 • Fire Department Retirement Costs - $240,977 • Investment Income (offset) - $176,944 75A-3-1 Approval to Pre -Pay the City's Safety Plan Unfunded Actuarial Obligations June 5, 2018 Page 2 Funding the Pre -Payment As noted, CalPERS has afforded the City two alternatives (monthly or pre -payment) in satisfying its UAL obligations related to the Safety Plan for FY 2018-19. As a means in funding the pre- payment initiative, the City maintains sufficient available Cash to satisfy the proposed obligations in addition to the normal and customary expenditures incurred by the City during the fiscal year. However, as a result in making the pre -payment to CalPERS the City is projected to incur a reduction in its Earnings on Investment in the amount of $176,944. The reduction in income is offset by the savings projected to be realized by the City's General Fund in the amount of $500,000. Retirement Strategies On December 2016, the City Council approved the establishment of the City's Pension Stability fund in the amount of $500,000. The Fund was created to offset future increases in retirement obligations. Pre -paying the UAL for the City's Safety Plan is an additional strategy recommended to be implemented as a means to address rising CalPERS costs. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #4 — City Financial Stability, Objective #2 (provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy D (conduct an assessment of the City's debt and refinancing options to achieve savings). FISCAL IMPACT Pre -payment to CaIPERS: The payment in the amount of $18,690,264 will be made during FY 2018-19 (prior to July 31, 2018) as follows: Accounting Unit Amount PD-Field Operations (no. 01114420-61100) $9,597,149 FD-Fire Suppression & EMS (no. 01115330-61100) $9,093,115 Projected Savings: Savings in the amount of $676,944 are projected to be incurred and included in the proposed fiscal year 2018-19 budget as follows: PD-Field Operations (no. 01114420-61100) $240,000 FD-Fire Suppression & EMS (no. 01115330-61100) $260,000 Earnings of Investments (reduction) (01102002-58000) $176,944 APPROVED AS TO FUNDS AND ACCOUNTS: Ala.. Francisco Gutierrez Executive Director Finance and Management Services Agency Sv 75A-3-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: PUBLIC HEARING — ORDINANCE UPDATING SOLAR STREAMLINING ORDINANCE FOR SOLAR ENERGY SYSTEMS (STRATEGIC PLAN NO. 3, 3; 5,2) CIYY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on is' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Chapter 8 of the Santa Ana Municipal Code updating Solar Streamlining Ordinance for Solar Energy Systems and fees for solar energy systems in order to comply with California Assembly Bill 1414 (AB1414). In 2012, Assembly Bill 1801 amended the California Government Code (Section 65850.5) to promote the installation and use of solar energy by removing obstacles to, and minimizing costs of solar permitting. This Code Section was further amended in 2014 by Assembly Bill 2188 (AB2188), also known as the solar streamlining act, which required that every city must adopt an ordinance that created an expedited, streamlined permitting process for small residential rooftop solar energy systems. Further amending the law, effective January 1, 2018, the State Assembly enacted Assembly Bill 1414 (AB1414), revising definitions and establishing maximum permit fees applicable to solar energy systems within the existing law. The Planning and Building Agency's current solar streamlining process and expedited plan review and permitting for small residential rooftop solar energy systems has been very successful as implemented in compliance with AB2188. In Fiscal Year 2016-2017, the Planning and Building Agency issued 948 solar energy system permits and continued to successfully provide "over-the-counter" permitting services in compliance with the streamlining act. With the changes brought about by AB1414, the proposed ordinance amendment will append to Chapter 8 of the Santa Ana Municipal Code to include: revising the definition of "solar energy system" to specify that a design feature additionally includes any photovoltaic device that is integrated into a building, expanding to building components including, but not limited to, windows, siding, and roofing shingles or tiles, establishing revised maximum permit fees for solar energy systems, establishing maximum permit fees for thermal energy systems, extending the 75B-1 Solar Permit Amendment June 5, 2018 Page 2 applicability of the limits on solar energy system fees and extending the repeal date to January 1, 2025. STRATEGIC PLAN ALIGNMENT Approval of this item continues to support the City's efforts to meet Goal #3 Economic Development, Objective #3 (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community) and Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #2 (Expand opportunities for conservation and environmental sustainability). FISCAL IMPACT Compliance with AB1414 will reduce the current Residential Rooftop Solar flat fee of $500 to $450. The reduction will impact the Planning and Building — Building Permits revenue account no. 01116002-51601. Fees for solar permitting will continue to be collected in accordance with the current miscellaneous fee schedule adopted July 1, 2017 as amended by the proposed ordinance. Minh Thai Executive Director Planning and Building Agency PUrb S:RFCA106-05-181RFCA Solar Amendment AB1414 06-05-18 Exhibit: 1. Ordinance APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 60- (356) Executive Director Finance and Management Services Agency 75B-2 LS 6.5.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE UPDATING SOLAR STREAMLINING ORDINANCE FOR SOLAR ENERGY SYSTEMS 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. Subsection (a) of Section 65850.5 of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems. B. The City Council of the City of Santa Ana finds that it is in the interest of the health, welfare and safety of the public to provide an expedited permitting process to encourage the effective development of solar technology. C. In September of 2015, the City adopted an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.6 that created an expedited, streamlined permitting process for small residential rooftop solar energy systems. D. Effective January 2018, Assembly Bill 1414 expanded the definition of "solar energy system" and extended the applicability of Section 65850.5 of the California Government Code to create an expedited, streamlined permitting process for all solar energy systems through January 1, 2025. Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. ARTICLE XII of Chapter 8 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-2511 - Small Residential Roaftelp Solar Energy System Review Process. (a) Definitions. As used herein the following terms shall mean the following: 75B-3 LS 6.5.18 1. Electronic Submittal - Sshall mean the utilization of one or more of the following: e-mail, internet or facsimile. 2. Solar easement — shall mean the right of receiving sunlight across real property of another for any solar energy system Any instrument creating a solar easement shall include at a minimum all of the following: (1) A description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device or structural design feature may not be obstructed or a combination of these descriptions; (2) The restrictions placed upon vegetation structures and other objects that would impair or obstruct the Passage of sunlight through the easement: and (3) The terms or conditions, if any, under which the easement may be revised or terminated WINNOW I, Aft-N-WINION-111 isq- 3. Solar energy system —shall mean either of the following: (1) Any solar collector or other solar energy device whose Primary purpose is to provide for the collection storage, and distribution of solar energy for space 75B-4 LS 6.5.18 heating space cooling electric generation, or for water heating. (2) A structural design feature of a building, including either of the following: (A)Any design feature whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation space heating or cooling or for water heating. (B)Any photovoltaic device or technology that is integrated into a building, including, but not limited to photovoltaic windows siding, and roofing shingles or tiles. (b) Applicability. This chapter applies to the permitting of all small residential rooftop solar energy systems. Small residential reeftep Ssolar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small ree#sp solar energy system in such a way as to require new permitting. Routine operation and maintenance or like -kind replacements shall not require a permit. (c) Eligibility. 1. The Building Department shall adopt a standard plan and checklist of all requirements which small Fesidential rooftop solar energy systems shall comply with to be eligible for expedited review. The small resideRtial reefte,p solar energy system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. 3. Prior to submitting an application, the applicant shall: Verify to the City's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the SFAall FesideRtial reofte solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation. ii. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground 75B-5 LS 6.5.18 and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads. (d) Review! Issuance Process. An application that satisfies the information requirements in the checklist pursuant to Section (c)(2) above, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. 2. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits. 3. 4. City building permit approval does not authorize an applicant to connect the small residential rooftop solar energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. (e) Inspections. 1. Fora solar energy system eligible for expedited review, only one inspection shall be required. 2. If a small FesideRtial rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection. Section 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. 75B-6 LS 6.5.18 ADOPTED this day of APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: �% z� Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 2018. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 75B-7 75B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: PUBLIC HEARING - APPEAL NO. 2018-02 OF CONDITIONAL USE PERMIT NO.2018-01 TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE, CITRUS SPRINGS CHARTER SCHOOL - APPLICANT (STRATEGIC PLAN NO. 3, 2) e- wyze4: djT& MANAGER RECOMMENDED ACTION Review the following options: CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 n Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve Appeal No. 2018-02 and adopt a resolution approving Conditional Use Permit No. 2018-01 as conditioned (staff recommendation), or 2. Approve Appeal No. 2018-02 and adopt a resolution approving Conditional Use Permit No. 2018-01 with additional conditions, or 3. Deny Appeal No. 2018-02 and adopt a resolution denying Conditional Use Permit No. 2018-01. PLANNING COMMISSION ACTION At its regular meeting on March 12, 2018, the Planning Commission motion to approve Conditional Use Permit (CUP) No. 2018-01 failed by a vote of 2:4 (Bacerra, McLoughlin, Mendoza and Verino opposed, Alderete absent) thereby denying the application to allow the operation of a K-12 School located at 2121 North Grand Avenue. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A) however the Commission referenced an increase in traffic to be detrimental to the health, safety, and welfare of the people residing in the vicinity (Finding #2) as the reason for denial as set forth in the attached resolution. 75C-1 Appeal No. 2018-02 of Conditional Use Permit 2018-01 — Citrus Spring Charter School at 2121 North Grand Avenue June 5, 2018 Page 2 Dave Black, representing Citrus Springs Charter School, filed an appeal (Exhibit B) pursuant to Santa Ana Municipal Code Section 41-645 and is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 School located at 2121 North Grand Avenue. Citrus Springs Charter School currently operates a K-6 school, which has been an ancillary operation to the church since the original conditional use permit allowed a school component in the 1960s. As part of the services the charter school provides, 7th-12th graders are offered online courses and support through home schooling. The school believes that certain courses are better taught in a classroom setting and is pursuing the CUP to allow the home schooled students to attend on - campus classes. The school does not intend to increase the number of students, but only allow the 7th-12th graders the opportunity to visit the North Grand Campus on alternating schedules throughout the week, in order to enhance the learning environment. At the Planning Commission public hearing, staff provided an overview of the applicant's request. During the public comment portion of the public hearing, two members of the public spoke in opposition of the conditional use permit, citing concerns regarding the over concentration of charter schools in the City. Conversely, two members of the public spoke in support of the conditional use permit, stating that students who reach the 7th grade would be able to attend classes on campus with the approval of the CUP. After deliberating on the matter, the Planning Commission denied the applicant's request. The Commission found that an increase in traffic would arise due to the increased number of students attending the campus and by default, that the additional trips generated adversely affect the community and its residents. The appeal in question is based on the fact that the decision made by the Planning Commission was considered unjust, and the official reason for the denial (traffic congestion), was not part of the discussion prior to the decision. The staff recommendation to the Planning Commission was to approve the applicant's request to allow the expansion of the existing K-6 charter school to include grades K-12. The proposed school expansion was reviewed by the City's Design Review Committee prior to the public hearing. The Design Review Committee performed a complete review of the project and analyzed the proposed schedule for attendance of each grade level for the week. This review fully assessed the on -site and off -site traffic impacts that the older student population may cause due to new attendance. According to the schedule provided by the applicant, attendance will not go beyond the total number of students the school currently allows. The 9th-12th graders, some of which will have the ability to drive to school, are only projected to be on -campus twice a week. By granting the approval of the conditional use permit, the City is also promoting a service to the community. Currently, the entitlement for the property only allows K-6 on -site which persuades the 7th-12th graders to commute to other schools outside of Santa Ana. By bringing in students to Santa Ana, those students and parents are also shopping locally, thereby promoting an economic benefit to the community and its retailers. Based on staffs review and analysis of the 75C-2 Appeal No. 2018-02 of Conditional Use Permit 2018-01 — Citrus Spring Charter School at 2121 North Grand Avenue June 5, 2018 Page 3 project, the project's benefit to the community by providing a K-12 education, and the operator's history of compliance with City codes, staff recommends that the City Council overturn the Planning Commission's decision and approve Appeal No. 2018-02 and adopt a resolution approving Conditional Use Permit No. 2018-01 as conditioned. Staff continues to recommend approval of the project pursuant to SAMC 41-645. STRATEGIC PLAN ALIGNMENT Approval of this item 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). FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency IO:rb S:RFCA\2018\06-05-18\75C_Citrus Springs Charter School -Appeal Exhibits: A. Planning Commission Staff Report B. Appeal Application received March 23, 2018 C. Resolution for Approval of Conditional Use Permit No. 2018-01 D. Resolution for Approval of Conditional Use Permit No. 2018-01 with additional conditions E. Resolution for Denial of Conditional Use Permit No. 2018-01 75C-3 75C-4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 12, 2018 TITLE: PUBLIC HEARING — CONDITIONAL USE PERMIT NO.2018-01 TO ALLOW THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE (STRATEGIC PLAN NO. 3,2) Prepared by Ivan OrOZco Acting Executive Director, PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Actin Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2018-01 as conditioned. Executive Summary Dave Black, representing Citrus Springs Charter School, is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 School located at 2121 North Grand Avenue. Staff is recommending approval of the applicant's request due to the community benefits of a K- 12 school, the operator's history of compliance with City codes, and regulations that will require the facility to continue to operate as a school. Table 1: Project and Location Information Item• Information Project Address 2121 North Grand Avenue Nearest Intersection Grand Avenue and Santa Clara Avenue General Plan Designation Low -Density Residential (IR-7) Zoning Designation Single -Family Residential (R-1) Surrounding Land Uses North Commercial and Single -Family Residential East Sinole-Familv Residential South Institutional and Single -Family Residential West Commercial Property Size 4.21 acres Existing Site Development The subject site is developed with a church facility and accessory buildings, and an existing K-6 private charter school. Use Permissions Private school uses require approval of conditional use permit. Zoning Code Sections Affected Uses I SAMC Section 41-232.5 c Operational Standards I SAMC Section EXHIBIT A 75C-5 Conditional Use Permit No. 2018-01 March 12, 2018 Page 2 Project Description Citrus Springs Charter School is proposing to modify the grade levels offered to include junior high and high school as part of the school's existing operations. The site has been recently improved with new parking. The classrooms now provide new heating and air conditioning units, and new roofing materials have also been installed as part of the overall site improvements. As part of the review by the City, a new vehicular entrance and exit will be constructed to provide enhanced vehicular circulation, thereby avoiding any potential traffic back-up which may occur driving on and off the property. A portion of the sidewalk will also be reconstructed. At this time, no addition to or physical expansion of the campus or its buildings is proposed. Table 2: Development Standards ?Standards : Re uiredib +SAMC. ,; Provided � a�,u ., Parkin Elements /Junior High) 36 Spaces Com lies Parking (High School) 128 Spaces I Complies Proiect Background In 1956, the Santa Ana United Methodist Church was constructed at the subject site. The original variance, which allowed for the church use, identified a number of individual buildings such as the sanctuary building, a chapel, and several administrative buildings. In the 1960s, an elementary school was also constructed on the site. Through the following years, the school required additional classroom space and in 1988 filed a new conditional use permit to include the expansion of classroom space and a new youth center to replace the previous one that was destroyed in a fire. The school and church uses have co -existed and operated successfully on the same site for more than 50 years. Currently, the site layout includes the original church buildings, a fellowship hall, the one-story and two-story school buildings, a playground and field area at the rear, and parking towards the south of the property. School drop-off and pick-up has been designed to flow around the parking area in order to avoid any on -site or off -site congestion. Proiect Analysis Conditional use permit (CUP) requests are governed by Section 41-638 of the SAMC. CUPS 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 more than 50 years, the Santa Ana United Methodist Church has operated with an elementary school facility at this location, providing early education opportunities to children attending kindergarten to sixth grade classes. Both activities have co -existed without any major issues, with 75C-6 Conditional Use Permit No. 2018-01 March 12, 2018 Page 3 the church generating the most on -site vehicle and pedestrian traffic on the weekends, while the school activities occur during the weekdays, primarily between the hours of 8:00 a.m. and 3:00 p.m. Staff has reviewed the applicant's request to expand the school use to offer high school level education and is supportive of the request. To avoid potential adverse impacts associated with the services being offered by the charter school, a number of conditions are proposed. It is not anticipated that the expansion in grade levels being offered, in conjunction with the conditions, will adversely affect the surround commercial and residential community. The total number of students attending the school will not change, only the grade levels. Parking for the school use has been accounted for and meets the requirements of the SAMC, with 64 spaces required and a total of 122 spaces currently provided on -site. In addition, upgrades will be made to the site, including a new driveway and approach and the partial repair of the sidewalk and the planting of new City trees. Along with the recent improvements to the site, the site will meet all necessary code requirements. The expansion of grade levels and overall site improvements will provide a long-term social benefit to the community as the facility will offer additional educational opportunities to children in the area and provide a supportive and safe learning environment. These services will serve to increase the safety and welfare of the children in the area. Additionally, no adverse impacts are anticipated as a result of the project's approval. The site will continue to operate in compliance will all applicable regulations and conditions imposed on a school pursuant to Chapter 41 of the SAMC. The CUP will be consistent with several goals and policies of the General Plan, including Policy 1.8 which encourages the development of nonprofit services and Policy 3.1 supports development which provides a positive contribution to the neighborhood character and identity. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The subject facility is located within similar land uses and the operation of a K-12 facility will continue to be compatible with the surrounding land uses. Table 5: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach "R !iCEQXStMtegillcPlan"Alf nm'ent;'and,PublidNotificatioril&:Communi j, i� 'J"CEQS4 CEQA Type Categorical Exemption — Section 15301 Reason(s) Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or Exempt or Analysis minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Categorical Exemption Environmental Review No. 2018-21 will be filed for this project. Strate ldrPlan Ali hment '. E Goal(s) and Policy(s) Approval of this item supports the City's efforts to meet Goal No.3 (Economic Development) Objective No. 2 of creating new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies. -"Public — Notifications&.Conimunit ,Outreach :. Required Measures A public noticed was posted on the project site on March 1, 2018. Noby mail was mailed to all property owners and occupants within 500 feet of the ro'ect site on March 1, 2018. 75C-7 Conditional Use Permit No. 2018-01 March 12, 2018 Page 4 CEQA; Strategic Plan Alignment,�and:Public Notification &Community Outreach. Newspaper posting was published in the Orange County Reporter on March 1, 2018. Additional Measures The Fairhaven and Portola Park Neighborhood Associations were contacted to identify any areas of concern due to the expansion of grade levels. At the time this report was printed, no issues of concern were raised regarding this applicetion. Conclusion Based on the analysis provide within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2018-01 as conditioned. Ivan OrO2 Assistant IO:sb SARanning Commissbn1201W-12-181CUP No.2018-0121CUPNo.18-01.CltrusSprings.StaffReport.docz Exhibits 1. Resolution 2. Vicinity Zoning and Aerial View 3. Site Photo 4. Site Plan 5. Floor Plans 75C-8 RESOLUTION NO. 2018-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-01 AS CONDITIONED TO ALLOW 'THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE 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. Dave Black (Applicant), representing Citrus Springs Charter School is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 school for Citrus Springs Charter School for the property located at 2121 North Grand Avenue. B. Santa Ana Municipal Code Sectio n C. On March 12, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-01. 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. 2018-01 to allow the operation of a K-12 school: 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 K-12 school will provide a service to the community. The school is a use that will support the adjacent church, residential, and school uses in the vicinity. Citrus Springs has been offering the children of the community the opportunity to attend a K-6 school for more than 50 years. The proposed expansion of grade levels being offered at this campus will continue to contribute to the general well-being of the neighborhood and its children. EXHIBIT 1 Resolution No. 2018-roc Page 1 of 5 75C-9 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 K-12 school at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the use is compatible with the neighborhood and has been a use that has co -existed with the church use for more than 50 years. Additionally, the proposed conditions of approval will ensure that the use will not create any new negative or adverse impacts on the neighborhood or the community. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area. The proposed expansion of the school grade levels being offered will result in a positive addition to the surrounding area by providing educational opportunities currently not being offered. The existing K-6 school and the Santa Ana United Methodist Church have recently undergone improvements to the site and will continue to provide additional on -site and off -site improvements as part of the project, therefore creating positive economic investment into the community. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed K-12 school will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a private school. No physical expansion of the campus is proposed at this time and on -site improvements have already brought the parking and driveway into compliance with all applicable standards. 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 the neighborhood character and identity, and Resolution No. 2018-xx Page 2 of 5 75C-10 Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The R-1 zoning district allows private schools subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan in the Land Use Element. The expansion of the school to offer an education from K-12 will provide additional educational opportunities for the surrounding neighborhoods and its residents. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. The proposed project involves occupying an existing building, without any square footage addition or building expansion. Categorical Exemption Environmental Review No. 2018-01 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 Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-01 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 March 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 121h day of March, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Mark McLoughlin Chairperson Resolution No. 2018-xx Page 3 of 5 75C-11 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 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. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 12, 2018. Date: Commission Secretary City of Santa Ana Resolution No. 2018-xx Page 4 of 5 75C-12 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2018-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-69 and the staff report exhibits. 2. The site shall be maintained free from litter and graffiti, including the landscaping areas and playground areas. 3. The premises shall be maintained as per approved plans. Any damage to the existing structures, walls, parking areas, or landscaping must be repaired. Resolution No. 2018-xx Page 5 of 5 75C-13 W1201a o Jnln niniral Man VrMnrfc. All rinh" rwcwrvnd. hllpJ/apps.spaValstream.corWproduclion/dashboard)&%OCurtentBuildljhllplU2�oNng: IpJ 1/i CUP No. 2018-01 for Citrus Springs Charter School 2121 N. Grand Avenue Exhibit 3 — Site Photo i 75C-15 CUP No. 2018-01 for Citrus Springs Charter School 2221 N. Grand Avenue Exhibit 4—Site Plan 75C-16 CUP No. 2018-01 for Citrus Springs Charter School 2121 N. Grand Avenue Li! Second Floor Exhibit 5 — Floor Plans 75C-17 75C-18 EXHIBIT B 40 CITRUS PAY' ngs SCHOOL March 22, 2018 Mayor & Councihmembers City of Santa Ana 20 Civic Center Plaza P.O. Box 1988, M31 Santa Ana, CA 92701 Re: Citrus Springs Charter School Appeal Application Dear Honorable Mayor Pulido, Citrus Springs Charter School (Citrus Springs) currently operates a K-6 student center at 2121 N. Grand A venue in Santa Ana, serving 167 students locally and throughout the surrounding communities over the last four years. Citrus Springs is authorized by the Orange County Office of Education to serve the students of Santa Ana and is fully accredited by the Western Association of Schools and Colleges. Citrus Springs offers students and their parents a variety of learning programs, including the opportunity to work closely with a California credentialed Education Specialist to choose the right combination of personalized learning programs. Students can work independently and attend meetings with the Education Specialist weekly, while selecting academy classes, online foreign language, internships, and CTE courses. Citrus Springs was created to serve students from kindergarten through 12th grade and provide a number of at home options for 7-12th grades. However, parents and students have expressed the need for 7-12th grade classes to be offered at the student center. This is particularly necessary for our students that are English language learners and who require English language development from a qualified teacher, students with disabilities who require special education services, and those students who are struggling to meet grade level standards. Prohibiting their access to the student center denies them their right to an appropriate, free educational program. On January 4, 2018, Citrus Springs processed an application to the City of Santa Ana to modify its existing K-6 CUP to a K-12 CUP. Citrus Springs' staff has worked diligently with City staff to ensure all appropriate steps are taken to successfully serve Santa Ana residents and the surrounding communities in a K-12 capacity. Santa Ana planning department staff recommended approval without reservation. However, on March 12, 2018, the Planning Commission failed to approve the CUP application in a split 2:4:1 vote. On behalf of all Citrus Springs' students, parents, and staff, I respectfully request the Santa Ana City Council accept our Appeal Application to allow our student center to continue educating and preparing Santa Ana students for the future. Thank you for your consideration. Dr. Kathleen Hermsmeyer Superintendent Citrus Springs Charter School EXHIBIT C RESOLUTION NO.2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2018-02 AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 2018-01 TO ALLOW THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE 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. Dave Black ("Applicant"), representing Citrus Springs Charter School, is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 school for Citrus Springs Charter School at the property located at 2121 North Grand Avenue. It has been operating as a K-6 grade school at the property with a conditional use permit since the 1960's. B. Santa Ana Municipal Code Section 41-232.5 (c) requires approval of a conditional use permit for private schools and colleges in the Single - Family Residential Zoning District. C. On March 12, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and adopted a resolution denying Conditional Use Permit No. 2018-01. D. The Planning Commission's decision to deny Conditional Use Permit No. 2018-01 was appealed to the City Council by the Applicant, contending that the project is appropriate at this location (Appeal No. 2018-02). Santa Ana Municipal Code Section 41-645 allows any interested party, individual or group to file an appeal. E. The City Council of the City of Santa Ana agrees with the Planning Commission decision and determines that all of the findings required for granting Conditional Use Permit No. 2018-01 pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, could not be made. Instead, the City Council determines that the following finding has been established for Conditional Use Permit No. 2018-01 regarding the operation of a K-12 school: Resolution No. 2018-xx Page 1 of 3 75C-21 That the proposed use will 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 K-12 school at this location will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed addition of 7-12 grade levels will be responsible for additional traffic congestion to and from the subject site onto Grand Avenue. 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 City Council of the City of Santa Ana after conducting the public hearing hereby denies Appeal No. 2018-02, and denies Conditional Use Permit No. 2018-01. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Council Action, the Request for Planning Commission Action dated March 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: Miguel A. Pulido Mayor Resolution No. 2018-roc Page 2 of 3 75C-22 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018-xx Page 3 of 3 75C-23 75C-24 EXHIBIT D RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2018-02 AND REVERSING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 2018-01 AS CONDITIONED AND ADDING ADDITIONAL CONDITIONS TO ALLOW THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE 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. Dave Black ("Applicant"), representing Citrus Springs Charter School, is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 school for Citrus Springs Charter School at the property located at 2121 North Grand Avenue. It has been operating as a K 6 grade school at the property with a conditional use permit since the 1960's. B. Santa Ana Municipal Code Section 41-232.5 (c) requires approval of a conditional use permit ("CUP") for private schools and colleges in the Single -Family Residential Zoning District. C. On March 12, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and adopted a resolution denying Conditional Use Permit No. 2018-01. D. The Planning Commission's decision to deny Conditional Use Permit No. 2018-01 was appealed to the City Council by the Applicant, contending that the project is appropriate at this location (Appeal No. 2018-02). Santa Ana Municipal Code Section 41-645 allows any interested party, individual or group to file an appeal. E. The City Council 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 (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2018-01 to allow the operation of a K-12 school: That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. Resolution No. 2018-xx Page 1 of 5 75C-25 The proposed K-12 school will provide a service to the community. The school is a use that will support the adjacent church, residential, and other school uses in the vicinity. Citrus Springs has been offering the children of the community the opportunity to attend a K-6 school for more than 50 years. The proposed expansion of grade levels being offered at this campus will continue to contribute to the general well-being of the neighborhood and its children. 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 K-12 school at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the use is compatible with the neighborhood and has been a use that has co -existed with the church use for more than 50 years. Additionally, the proposed conditions of approval will ensure that the use will not create any new negative or adverse impacts on the neighborhood or the community. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area. The proposed expansion of the school grade levels being offered will result in a positive addition to the surrounding area by providing educational opportunities currently not being offered. The existing K-6 school and the Santa Ana United Methodist Church have recently undergone improvements to the site and will continue to provide additional on -site and off -site improvements as part of the project, therefore creating positive economic investment into the community. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed K-12 school will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a private school. No physical expansion of the campus is proposed at this time and on -site improvements have already brought the parking and driveway into compliance with all applicable standards. Resolution No. 2018-xx Page 2 of 5 75C-26 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 the neighborhood character and identity, and Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The R-1 zoning district allows private schools subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan of the Land Use Element. The expansion of the school to offer an education from K-12 grade will provide additional educational opportunities for the surrounding neighborhoods and residents. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. The proposed project involves occupying an existing building, without any square footage addition or building expansion. Categorical Exemption Environmental Review No. 2018-21 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 after conducting the public hearing hereby approves Appeal No. 2018-02, and approves Conditional Use Permit No. 2018-01, as conditioned in Exhibit A, which includes additional conditions added by the City Council, 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 Council Action, the Request for Planning Commission Action dated March 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of 2018. Miguel A. Pulido Mayor Resolution No. 2018-xx Page 3 of 5 75C-27 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Rf, L- ZA;�� Lisa S orck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018-xx Page 4 of 5 75C-28 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2018-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-69 and the staff report exhibits. 2. The site shall be maintained free from litter and graffiti, including the landscaping areas and playground areas. 3. The premises shall be maintained as per approved plans. Any damage to the existing structures, walls, parking areas, or landscaping must be repaired. ADDITIONAL CONDITIONS ADDED BY CITY COUNCIL: 4. 5. Resolution No. 2018-xx Page 5 of 5 75C-29 75C-30 EXHIBIT E RESOLUTION NO.2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2018-02 AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 2018-01 TO ALLOW THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE 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. Dave Black ("Applicant"), representing Citrus Springs Charter School, is requesting approval of Conditional Use Permit No. 2018-01 to allow the operation of a K-12 school for Citrus Springs Charter School at the property located at 2121 North Grand Avenue. It has been operating as a K-6 grade school at the property with a conditional use permit since the 1960's. B. Santa Ana Municipal Code Section 41-232.5 (c) requires approval of a conditional use permit for private schools and colleges in the Single - Family Residential Zoning District. C. On March 12, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and adopted a resolution denying Conditional Use Permit No. 2018-01. D. The Planning Commission's decision to deny Conditional Use Permit No. 2018-01 was appealed to the City Council by the Applicant, contending that the project is appropriate at this location (Appeal No. 2018-02). Santa Ana Municipal Code Section 41-645 allows any interested party, individual or group to file an appeal. E. The City Council of the City of Santa Ana agrees with the Planning Commission decision and determines that all of the findings required for granting Conditional Use Permit No. 2018-01 pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, could not be made. Instead, the City Council determines that the following finding has been established for Conditional Use Permit No. 2018-01 regarding the operation of a K-12 school: Resolution No. 2018-xx Page 1 of 3 75C-31 That the proposed use will 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 K-12 school at this location will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed addition of 7-12 grade levels will be responsible for additional traffic congestion to and from the subject site onto Grand Avenue. 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 City Council of the City of Santa Ana after conducting the public hearing hereby denies Appeal No. 2018-02, and denies Conditional Use Permit No. 2018-01. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Council Action, the Request for Planning Commission Action dated March 12, 2018, and exhibits attached thereto: and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of 2018. APPROVED AS TO FORM: Sonia R. Carvalho,,, City Attorney lh� By:k" Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: Miguel A. Pulido Mayor Resolution No. 2018-xx Page 2 of 3 75C-32 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018-xx Page 3 of 3 75C-33 75C-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: PUBLIC HEARING - ABANDONMENT NO. 18-01: TO VACATE PORTION OF PUBLIC ALLEY AND BUSH STREET (STRATEGIC PLAN NO. 3,2) w dlj� MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2otl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution vacating a portion of public alley and Bush Street. DISCUSSION On May 2, 2017 the City Council authorized the sale of City -owned parcels at 2129 North Main Street to Net Development Company, for the purpose of developing a hotel on the property. On May 1, 2018, the City Council adopted a resolution declaring the City's intent to vacate a portion of a public alley and a portion of Bush Street (Exhibit 1). The areas being vacated will be combined with multiple parcels for the development of a Hampton Inn Hotel project located at the site. The alley easement and Bush Street area to be abandoned are approximately 5,572 square feet and 9,544 square feet respectively. The resolution to vacate the street and alley will be recorded at the close of escrow following the sale of the City parcel to Net Development Company. Utility companies, other government agencies, and City departments were advised of the street vacation. There are existing overhead and underground utilities within the proposed vacated area. Therefore, a public utility easement will be reserved in the proposed resolution. STRATEGIC PLAN ALIGNMENT This item 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). ENVIRONMENTAL IMPACT The abandonment is addressed in the Mitigated Negative Declaration for the Hampton Inn Hotel project, ER No. 2017-96, which was certified by City Council on March 20, 2018. No further CEQA analysis is required. 75D-1 Public Hearing - Abandonment No. 18-01: To Vacate Portions of Bush Street and Public Alley June 5, 2018 Page 2 FISCAL IMPACT There is no fiscal i associated with this action. Edwin "William" Galve , P.E. Acting Executive Director Public Works Agency Exhibits: 1. Abandonment Area 2. Resolution to Vacate 75D-2 H w w N z a -9 FMVAT ru! 4l.w 007-t17-07t I(I lOr I \ 14r.w pp7.1f]A ILOT 0 U.O. 00-117-0r1 % om-113-M \ 9� _tm s 'P.M. 00-117.Ot (1- 41.w 0 -117-M —LOT r IA. 007-117-0t 14r.w 003-117-077 4r.w 007-117p2 wl Is I I I 601-1 —r►I Fl•--1 z . 5' I i 6.1 _ __� I III I I �r I \s J I I \� II I I I I ----Jib -----� CTq' I I'-------------L----------' 20TH STREET ® ABANDONMENT AREAS, PORTION AND PORTION OF BUSH STREET (ALLEY WIDTH VARY 15'-20') SANTA ANA Pu 110C .ma frara EXHIBIT w w N x N m OF ALLEY T"'°l PUBLIC HEARING - ABANDONMENT NO. 18-01: TO VACATE PORTION OF PUBLIC ALLE*r"Dr,BUSH STREET i a 75D-4 EXHIBIT 2 RESOLUTION NO.2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF AN ALLEY LOCATED BETWEEN MAIN STREET AND THE SANTA ANA FREEWAY (1-5) AND A PORTION OF BUSH STREET (ABANDONMENT NO. 18-01) 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. California Streets and Highways Code Section 8300 of seq. authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street. B. The City Council of the City of Santa Ana desires to vacate its ownership interest, if any, of a portion of an alley located between Main Street and the Santa Ana Freeway (1-5) and a portion of Bush Street, as shown on Exhibit 1 attached hereto and incorporated herein by this reference ("Vacation Area"). C. On May 1, 2018, the City Council adopted Resolution No. 2018-029 wherein it declared its intention to vacate the Vacation Area, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code. D. Resolution No. 2018-029 gave notice that at its regular meeting of June 5, 2018, at 5:45 p.m. or as soon as possible thereafter, the City Council would hear any and all persons interested in or objecting to the vacation described above. E. The City Council finds that Resolution No. 2018-029 was published in the manner prescribed by law. F. The City Council further finds that the notices of said proposed vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law. G. The City Council, at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of the Vacation Area and received and considered all evidence submitted. H. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective public use, based upon the following findings of fact: Resolution No. 2018-XXX Page 1 of 3 75D-5 The Vacation Area is not necessary to provide access to abutting property owners; and 2. The Vacation Area is unnecessary for present or prospective public use. Section 2. The environmental impacts of this vacation were previously analyzed in Mitigated Negative Declaration, Environmental Review No. 2017-96, approved by the City Council on March 20, 2018. The City Council finds that all environmental impacts of the vacation are either insignificant or can be mitigated to a level of insignificance pursuant to the mitigation measures outlined in the Mitigated Negative Declaration and the Initial Study. The City Council further finds that there is no substantial evidence in the record supporting a fair argument that this vacation may result in significant environmental impacts. The City Council finds that the Mitigated Negative Declaration contains a complete, objective, and accurate reporting of the environmental impacts associated with this vacation and reflects the independent judgment of the City Council. Therefore, no further environmental review is necessary. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein, upon the satisfaction of the following condition. Said Vacation shall only become effective upon the close of escrow for the purchase of property located at 2129 N. Main Street, Santa Ana, pursuant to the separate Sale Agreement and Escrow Instructions entered into by the City and Net Development Co., Inc. The City Engineer shall advise the Clerk of the Council that this condition has been satisfied and that this vacation is therefore effective. Section 4. The City hereby reserves _and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Said recordation shall occur after the Condition (Section 3) has been satisfied to the satisfaction of the City Engineer. Section 6. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Resolution No. 2018-XXX Page 2 of 3 75D-6 Section 7. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ,.. John M. Funk 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 certify the attached Resolution No. 2018 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2018. Date: Clerk of the Council City of Santa Ana Resotulion No. 2018-X0(X Page 3 of 3 I 75D-7 •^^) Fp[E#AY RAID I � OO1 117'0#1 ly E I ! I —LOfTI A.I.N. I IA.hN. #07-177•a#1 007.117•oo 1 ..R.x. 4;W1gg7 / LOT 1 r1' A.r.x. 0!",17.06I_� #.r.x. 007.1 q477 #•rrx. OO7-I 3-m wr 11 � t 61W —� 17.5' I jI 0I1 J..II11r' 1 12 I;r----- jtA I 1il J m m I lid � i 1� ----------- -------------i 20TH STREET ABANDONMENT AND PORTION (ALLEY WIDTH AREAS. PORTION OF ALLEY OF BUSH STREET VARY 15' --20' ) EXHIBIT 1 SANTA ANA Tillxt PUBLIC HEARING - ABANDONMENT NO. PPW1 18-01; TO VACATE PORTION OF flBICR01d91q#Ll PUBLIC ALLEY AND BUSH STREET 75D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED PUBLIC HEARING - ABANDONMENT NO. ❑ As Recommended 18-02: TO VACATE PORTIONS OF BAKER, El Amended ❑ OOrrdinance on 1 ai Reading BERKELEY, AND OCCIDENTAL STREETS ❑ Ordinance on 2"a Reeding (STRATEGIC PLAN NO. 3,2) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER City MANAGER RECOMMENDED ACTION Adopt a resolution vacating portions of Baker Street, Berkeley Street, and Occidental Street. On May 1, 2018, the City Council adopted a resolution declaring the City's intent to vacate portions of Baker Street, Berkeley Street and Occidental Street (Exhibit 1). The streets being vacated will be incorporated into the Mater Dei High School Parking Structure and School Expansion Project. The additional land area reduces the site's constraints and improves overall site function, such as setbacks, building location, and site accessibility. Utilities, other government agencies, and City departments have been advised of the street vacation. Easements for utilities will be reserved in the resolution of vacation. An alley easement will be dedicated to connect Berkeley Street and Occidental Street for trash, fire, and public access. According to a recent Preliminary Title Report, the Roman Catholic Bishop of Orange is identified as the fee owner of the land to be vacated. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal (create new opportunities for business/job growth new General Plan and Zoning Ordinance policies). ENVIRONMENTAL IMPACT #3 — Economic Development, Objective #2 and encourage private development through In accordance with the California Environmental Quality Act the proposed street vacation has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 2013-01. 75E-1 Public Hearing - Resolution to Vacate Portions of Baker, Berkeley, and Occidental Streets June 5, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. �ga Edwin "William" Galvf Acting Executive Dird Public Works Agency Exhibits: 1. Map 2. Resolution to Vacate 75E-2 w cr I H N MATER HIGH SCHOOL L-4--------- DEI I I I o I BERKELEY —STREET -- - --APPMX. 261' 1 4 1 1 Ix� IW1 :s w' :Y16.19= I�= 1�= I�1 r �� 4� I 4�4 14 14 �4 I q f pl J=�IJ= I I�= IJD IJ= IJ I'= ICI —L=L=1-_l3e'i c�APPROX. 261' -_ _- - �_---_-_-_- -qOCCIOENTAL STREET 1 °I:" 51�= I5= IS=iW �7_�iv) a =YID=�IJ=�1�=:�I' I� I� �� I� I� � ►_ En r - - - - - - - - - - - - - - - J SAINT ANDREW PLACE ®ABANDONMENT AREAS. PORTION OF BAKER STREET, BERKELEY STREET AND OCCIDENTAL STREET r I SFR PROPERTIES L j ACQUIRED BY MATER DEI EXHIBIT 1 SANCTA ANAL Tlue1 PUBLIC HEARING - ABANDONMENT NO. 18-02: Pj� I� A j TO VACATE PORTIONS OF BAKER, BERKELEY, ��,�,/ AND OCCIDENTAL STREETS 75E-4 EXHIBIT 2 RESOLUTION NO.2018-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF BAKER STREET, BERKELEY STREET, AND OCCIDENTAL STREET (ABANDONMENT NO. 18-02) 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. California Streets and Highways Code Section 8300 et seq. authorizes the City of Santa Ana to vacate all oranyany street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street. B. The City Council of the City of Santa Ana desires to vacate its ownership interest, if any, of portions of Baker Street, Berkeley Street, and Occidental Street, as shown on Exhibit 1 attached hereto and incorporated herein by this reference ("Vacation Area"). C. On May 1, 2018, the City Council adopted Resolution No. 2018-028 wherein it declared its intention to vacate the Vacation Area, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code. D. Resolution No. 2018-028 gave notice that at its regular meeting of June 5, 2018, at 5:45 p.m. or as soon as possible thereafter, the City Council would hear any and all persons interested in or objecting to the vacation described above. E. The City Council finds that Resolution No. 2018-028 was published in the manner prescribed by law. F. The City Council further finds that the notices of said proposed vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law. G. The City Council, at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of the Vacation Area and received and considered all evidence submitted. H. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective public use, based upon the following findings of fact: Resolution No. 2018-XXX Page 1 of 3 75E-5 The Vacation Area is not necessary to provide access to abutting property owners; and 2. The Vacation Area is unnecessary for present or prospective public use. Section 2. On March 15, 2016, the City of Santa Ana certified Final Environmental Impact Report No. 2013-01 for the Mater Del High School Parking Structure and School Expansion Project ("EIR"), The EIR fully analyzed all impacts associated with the Mater Del project, including the vacation of the Vacation Area. In connection with certification of the EIR, the City also approved a Mitigation Monitoring Program and a Statement of Overriding Considerations. This vacation will not result in any "new information of substantial importance" as that term is used in CEQA Guidelines section 15162(a)(3). Therefore, the previously certified Final EIR adequately addresses the impacts of this vacation without modification, and no further environmental review is necessary. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein, upon the satisfaction of the following condition. Said Vacation shall only become effective upon, the dedication and recordation of an alley easement to the City of Santa Ana connecting Berkeley Street and Occidental for public access, trash and emergency service. Said alley easement shall be in a form acceptable to the City Engineer. The City Engineer shall advise the Clerk of the Council that this condition has been satisfied and that this vacation is therefore effective. Section 4. The City hereby reserves and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Said recordation shall occur after the Condition (Section 3) has been satisfied to the satisfaction of the City Engineer. Section 6. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Resolution No. 2018-XXX Page 2 of 3 75E-6 Section 7. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �/. John M. Funk Assistant City Attorney AYES: Counciimembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2018. Date: Clerk of the Council City of Santa Ana ResoluBon No. 2018-XXX Page 3 of 3 75E-7 MATER HIGH SCHOOL DEI I N h 1 I gT� I I A YBERKELEY S7RE T dDDRRM. 761' d L=LL0—�ao'I FPPROa. 26t' OCCIDENTAL STREET I �0. I� d L196 19 s Is o I� o I° IS'o W L_L_L_ — — SAINT ANDREW PLACE __1 ®ABANDONMENT AREAS. PORTION OF BAKER STREET, BERKELEY STREET AND OCCIDENTAL STREET r _ _ _.I SFR PROPERTIES L. j ACOUIRED BY MATER DEI EXHIBIT 1 -----------J �^ srNrn nraa TRWPUBLIC HEARING - ABANDONMENT NO. 18-02: TO VACATE PORTIONS OF BAKER. BERKELEY, me apse&"m I AND OCCIDENTAL STREETS 75E-8