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HomeMy WebLinkAbout FULL PACKET_2011- 09-06MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER AUGUST 24, 2011 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:22 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez CITY COUNCIL MINUTES 1 AUGUST 24, 2011 1 0A -1 Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part -time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) 1 B PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT — See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:09 P.M. AND CONVENED TO THE ADJOURNED REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 AUGUST 24, 2011 1 0A -2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:11 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO CLOSED SESSION REPORT — Nothing to report. PUBLIC COMMENT • Barbara Rooker, representing Presbyterian Church is opposed to PBID and noted that assessment paid under protest; urged City Council to disestablish. • Ralph Allen, held off on comments until Public Hearing. • Jeff Jensen, Chapter One Restaurant owner, indicated that half of employees are City residents; support PBID; successful PBID's throughout State are patronized by outside residents; opined that Downtown Inc. has facilitated improvements. • Jeff Hall, Chapter One Restaurant owner, noted that if PBID disestablished, area would lose key services. • Tim O'Connor, Chapter One Restaurant owner, indicated that PBID should be given three years to assess success; urged the City Council to continue PBID, important for growth of community. • Dante Parel, opined that safety has been improved through services provided by Downtown Inc. rather than limited services within the Santa Ana Police Department. • Nick Spain, representative of Save Our Orchard Coalition, urged City Council to preserve area proposed for development of 24- units; proposed alternative which would be an urban agricultural facility to include educational and social opportunities; CITY COUNCIL MINUTES 3 AUGUST 24, 2011 1 0A -3 organization has commented on Draft EIR and challenging the No- Significance Non - Eligibility Findings; believe that it's a historically significant area. • Jeannie Gillett, representative of Save Our Orchard Coalition, submitted document outlining vision of organization for preservation purposes; keep area open. • Won Cha, 30 year business and property owner in Downtown, opposed to PBID, no benefits to his business and believe that security is property owner's responsibility, not through an assessment. • Joe Elias, opposed to PBID, no benefits received by his business. • David Choe, support disestablishment of PBID; opined that Downtown Inc. should focus on family businesses not just restaurants and nightclubs, also financial reports submitted by Downtown Inc. ambiguous. • Scott Betancourt, area resident, urged City Council to keep area safe by limiting alcohol sales in Downtown. • Diana Betancourt, noted that Downtown area is polluted. • Bryan Leighton, business owner in Downtown, concerned with composition of Board on Downtown Inc. • Alfredo Amezcua, business and property owner in the City, supports disestablishment of PBID. • Nina Jun, business owner in Downtown, PBID benefits not proportional; concerned with composition of Downtown Inc. and formation process of PBID; urged City Council to disestablish. • Herb Rose, suggested that if boundaries of PBID modified that reimbursement by businesses warranted. • Luis Fonseca, need better understanding of finance report of Downtown Inc. • Robert Escalante, business owner at French and 3rd Street; believe that success of Downtown will continue with our without Downtown Inc. • Michael Melamut (prepared statement read by Robert Escalante). • Albert Castillo, support businesses on 4t" Street, noted that Yost Theater improvements paid for through redevelopment funds; suggested name on Agenda Item 55A be Placita Calle Cuatro; commented on Agenda Item 55E and asked about cost to City. • Jose Ceballos, property and business owner since 1977; former partner of Fiesta Market Place; support disestablishment of PBID. • Ben Gabriel, noted that sufficient signatures had been gathered to disestablish PBID; opposed to approval of Agenda Item 80A and believe that City should disband Redevelopment Agency. • Raul Yanez, business owner in Downtown since 1979, former member of Downtown Inc.; believe benefits not proportional; support disestablishment of PBID. • Adolfo Lopez, support disestablishment of PBID. • Sam Romero, commented on Agenda Item 55A and proposed name of Plaza Calle Cuatro; spoke on behalf of three businesses in downtown including Ana's Sportswear, Mexico Travel Agency, and Caras Fabric Store, all support disestablishment of PBID. • Fina Chavez, property owner of small parking lot in Downtown; opposed to PBID; opined that some property owners may lose business due to assessment; re- boundary not acceptable; supports disestablishment. CITY COUNCIL MINUTES 4 AUGUST 24, 2011 1 0A -4 • David Hoen, spoke on Agenda Item 55A, proposed name of French Square Plaza in honor of Mr. French or Harvey Milk Plaza. • Desi Reyes, spoke on Agenda Item 55A proposed that name should include "Culture" in name; also spoke in opposition to Agenda Item 85A. • Todd Key, business owner on Bush Street, promoting artist and craftsman movement; concerned with vision of Downtown. • Chris Taylor, impressed with efforts by Downtown Inc., but opined that area over regulated. • Archer Altstaetter, support PBID; opined that Downtown Inc. has reached out to all merchants; spoke on Agenda Item 55A and support naming French Plaza. • Irma Jauregui, spoke on Agenda Item 25B, support recommendation and open space. • Claudia Arrellanes, read from a letter submitted to the Council regarding PBID; disproportional benefits; opposed to County Tax Collector charging assessment and not able to make partial payments; proposed reimbursement or tax credit be offered by businesses removed through re- boundary action; support disestablishment. • Alex Vega, opposed to Downtown Inc. • Sang Cha, opposed to Downtown Inc. and decision made by organization. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25F with the following modifications: • Councilmember Martinez pulled Items 25A and 25B for separate discussion; and • Mayor Pro Tern Alvarez pulled Item 25C for separate discussion. MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 5 AUGUST 24, 2011 1 0A -5 ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE SPECIAL CLOSED MEETING OF THE CITY COUNCIL HELD ON JULY 28, 2011 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES FROM THE REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 1, 2011 - Clerk of the Council Office MOTION: Approve Minutes. 10C MINUTES FROM THE REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 15, 2011 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING 11A ORDINANCE NO. NS -2822 - AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING SPEED LIMITS FOR CITY STREETS - Public Works Agency Placed on first reading at the August 1, 2011 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on August 5, 2011. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2822 - AN ORDINANCE OF THE CITY OF SANTA ANA REVISING ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE, SETTING THE PRIMA FACIE SPEED LIMITS FOR STREETS IN THE CITY BOARDS / COMMISSIONS / COMMITTEES 13A COUNCIL COMMITTEE REPORTS — Police Department MOTION: Receive and file the Public Safety Committee Minutes of May 24, 2011. CITY COUNCIL MINUTES 6 AUGUST 24, 2011 1 0A -6 13B COUNCIL COMMITTEE REPORTS — Parks, Recreation & Community Services Agency MOTION: Receive and file the Parks, Recreation, Education and Youth Committee (PREY) Minutes of May 31, 2011. MISCELLANEOUS ADMINISTRATION 19A om 19C CLOSED SESSION REPORT — Nothing to report. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Councilmembers Bustamante, Martinez and Sarmiento from the August 15, 2011 City Council meeting. DONATION OF EQUIPMENT TO NAHUIZALCO AND SONSONATE, EL SALVADOR — Police Department MOTION: Authorize the donation of one patrol vehicle from the Santa Ana Police Department to the municipality of Nahuizalco (El Salvador) and 50 bullet -proof vests to the police delegations of Nahuizalco and Sonsonate (El Salvador) and Municipal Police of Sonsonate. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT - ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT — Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -34 — Accepting the California Office of Traffic Safety, DUI Enforcemnt and Awareness Program Grant in the amount of $331,380 into the revenue account and appropriate same into the California Office of Traffic Safety, DUI Enforcemnt and Awareness Program expenditure accounts CITY COUNCIL MINUTES 7 AUGUST 24, 2011 1 0A -7 20B APPROPRIATION ADJUSTMENT - ACCEPTING PROP -69 DNA FUNDING - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -01- Approve the acceptance and appropriation adjustment transfer of Prop -69 DNA funding in the amount of $32,989 from the City revenue account and appropriate same into the Police Department Forensics Services Account revenue account for the reimbursement cost associated with the collection of DNA collection in the amount of $32,989. 20C APPROPRIATION ADJUSTMENT - ACCEPTING FY 2010/11 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND — Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -032 - Approve an appropriation adjustment recognizing the FY 2010/11 Supplemental Law Enforcement Services Fund in the amount of $262,130 into the revenue account and appropriate same into the expenditure accounts. 20D APPROPRIATION ADJUSTMENT — SOUTH BAY WORKFORCE INVESTMENT BOARD NATIONAL EMERGENCY GRANT — Community Development Agency MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -030 - Recognizing $137,885.45 in Department of Labor Workforce Investment Act funds awarded to the City of Santa Ana Workforce Investment Board by South Bay Workforce Investment Board, Inc. for a Dislocated Worker Program. 2. Authorize the City Manager or his designee to execute an agreement. AGMT NO. 2011 -197 - With South Bay Workforce Investment Board, Inc. in the amount of $137,885.45, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 8 AUGUST 24, 2011 1 0A -8 20E APPROPRIATION ADJUSTMENT AND DONATION — TARGET STORES DONATION FOR "NATIONAL NIGHT OUT" COMMUNITY EVENT — Police Department MOTION: 1. Authorize the acceptance of a donation in the amount of $1,000 from the Target Stores, to be used by the Police Department "National Night Out" event. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -029 — Recognizing the donation in the amount of $1,000 into the Police Special Revenue Fund, Gifts and Donations revenue account and appropriate same into the Police Special Revenue Fund, Operating Materials and Supplies expendituare account. 20F APPROPRIATION ADJUSTMENT - ACCEPTING THE OFFICE OF EMERGENCY SERVICES PROGRAM SUPPLEMENTAL GRANT FUNDS — Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -033 — Accepting the State of California Office of Emergency Services 2007 Anti -gang Initiative Supplemental Grant Funds in the amount of $3,615 into the revenue account and appropriate same into the California Office of Emergency Services 2007 Anti -gang Initiatiave Supplemental Grant Program expenditure accounts. AGREEMENTS Councilmember Martinez commented on open space; action updating Circulation Plan with vision and Fixed Guideways System; thanked staff for efforts. CITY COUNCIL MINUTES 9 AUGUST 24, 2011 1 0A -9 MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreement, subject to non - substantive changes approved by the City Manager and City Attorney and /or actions as noted on the Request for Council Action report. AGMT NO. 2011 -198 — With IBI Group in an amount not to exceed $500,000 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) Councilmembers Martinez and Sarmiento commented on strides made on open space; next steps include appraisal then grant requests. MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreement, subject to non - substantive changes approved by the City Manager and City Attorney and /or actions as noted on the Request for Council Action report. AGMT NO. 2011 -199 - With The Planning Center in an amount not to exceed $101,640 MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 10 AUGUST 24, 2011 1 0A -10 Mayor Pro Tern Alvarez asked that all organizations that are losing funds be contacted; City to help organizations meet deadlines, as possible. MOTION: Continue matter to allow the City Council to meet with organizations (losing funds) and help them meet deadlines. MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and /or actions as noted on the Request for Council Action report. (Item 25D through 25G) 25D AGMT NO. 2011 -200 - REWIRING STREET LIGHTS IN OAKMONT — FAIRMONT NEIGHBORHOOD — With Macadee Electrical Construction, Inc. in an amount not to exceed $31,135 - Public Works Agency 25E AGMT NO. 2011 -201 - MASTER FUNDING AGREEMENT FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS — With Orange County Transportation Authority - Public Works Agency 25F PROVIDE AND INSTALL LED STREET LIGHTS AND NO -COST FUNDING — Public Works Agency • AGMT NO. 2011 -202 — With Republic ITS, Inc. to provide and install 253 LED streetlights for an amount not to exceed $162,000 • AGMT NO. 2011 -203 — With Southern California Edison to provide no- cost funding through On -Bill Financing for the LED streetlights CITY COUNCIL MINUTES 11 AUGUST 24, 2011 1 0A -11 25G AGMT NO. 2011 -204 — STREET LIGHT POLE REPAINTING - With Street Light Restoration Specialists, Inc. to repaint 210 thirty -foot street light poles and luminaire arms on Main Street for an amount not to exceed $36,000 — Public Works Agency * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A RESOLUTION — PUBLIC FACILITY NAMING NO. 2011 -01 — OPEN AREA ON FOURTH AND FRENCH STREETS - Planning and Building Agency Council discussion ensued. Mayor Pro Tern Alvarez noted that item had been previously agendized and that on a few occasions asked that proposed names be submitted for consideration; received other alternatives aside from public speakers to include Plaza de la Calle Cuatro and French Plaza; motion to name "Plaza Santa Ana ". Councilmember Sarmiento commented that site set for development, but now open space; also proposed name of Plaza Fiesta. Suggested that $200,000 funded (by CDBG) be used to soften area through trees, benches, and grass area. Councilmember Martinez noted that Edison has donated trees to the City and grass area would require maintenance; preserve as gathering place for various events. MOTION: 1. Approve the Public Facilities Naming Request initiated by the City of Santa Ana by naming the property located at 325 East Fourth Street "Plaza Santa Ana ". 2. Adopt a resolution. RESOLUTION NO. 2011 -050 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO NAME THE PUBLIC PROPERTY LOCATED AT 325 EAST FOURTH STREET (PUBLIC FACILITIES NAMING NO. 2011 -01) MOTION: Alvarez SECOND: Bustamante CITY COUNCIL MINUTES 12 AUGUST 24, 2011 1 0A -12 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Councilmember Bustamante left the meeting at 7:52 p.m. and returned at 7:54 p.m. 55B RESOLUTION — EXTENSION OF CONDITIONAL USE PERMIT NO. 2009 -11: WINTERSBURG PRESBYTERIAN CHURCH, 2000 NORTH FAIRVIEW STREET — Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011 -051 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2009 -11 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 2000 NORTH FAIRVIEW STREET MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Alvarez, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Bustamante (1) Martinez, Pulido, 55C RESOLUTION — PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO ADD PART -TIME JOB TITLES — Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011 -052 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82 -110 TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN TO ADD FOUR NEW PART TIME CLASSIFICATION TITLES IN THE POLICE DEPARTMENT. CITY COUNCIL MINUTES 13 AUGUST 24, 2011 1 0A -13 MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) Martinez, Pulido, 55D RESOLUTION — FOR SAFE ROUTES TO SCHOOL GRANT APPLICATIONS — Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011 -053 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT FIVE PROJECTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR FUNDING THROUGH THE FEDERAL SAFE ROUTES TO SCHOOL PROGRAM MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Alvarez, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Bustamante (1) Martinez, Pulido, 55E RESOLUTION — AMEND THE PARS TRUST PLAN TO INCLUDE INCUMBENT POLICE OFFICERS' ASSOCIATION (POA) PRESIDENT — Personnel Services Agency City Council requested clarification on Plan. Staff clarified annuity and payment into PARS. MOTION: Adopt a resolution. CITY COUNCIL MINUTES 14 AUGUST 24, 2011 1 0A -14 RESOLUTION NO. 2011 -054 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PARS TRUST SUPPLEMENTARY RETIREMENT PLAN TO INCLUDE CURRENT POLICE UNION PRESIDENT PAY MOTION: Tinajero SECOND: Pulido VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) JOINT SESSION OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY 80A RESOLUTION OF INTENT TO ENACT AN ORDINANCE PURSUANT TO ABX1 27 AND ESTABLISHING ENFORCEABLE OBLIGATION PAYMENT SCHEDULE OF THE SANTA ANA COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO ABX1 26 — Community Development Agency CITY COUNCIL ACTION MOTION: Adopt a resolution. RESOLUTION NO. 2011 -055 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO ENACT AN ORDINANCE WHEREBY THE CITY SHALL ELECT TO COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE COMMUNITY REDEVELOPMENT AGENCY ACTION MOTION: Adopt a resolution. CRA RESOLUTION NO. 2011 -010 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ESTABLISHING AN INITIAL ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO ASSEMBLY BILL NUMBER ABX1 26 CITY COUNCIL MINUTES 15 AUGUST 24, 2011 1 0A -15 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Alvarez Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) JOINT SESSION OF THE CITY COUNCIL AND THE SANTA ANA FINANCING AUTHORITY 80B LEASE AGREEMENT WITH T- MOBILE FOR INSTALLATION OF TELECOMMUNICATIONS SITE AT CORPORATE YARD — Finance & Management Services CITY COUNCIL MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a lease agreement. AGMT NO. 2011 -205 - With T- Mobile for a telecommunications cell site at the City's Corporate Yard, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Receive and file Categorical Exemption for Environmental Review No. 2009 -132 (City Yard). SANTA ANA FINANCING AUTHORITY MOTION: Authorize the Executive Director to execute a Certification with consent to sublease. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 16 AUGUST 24, 2011 1 0A -16 ABSENT: None (0) COUNCIL RECESSED AT 7:56 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY, FOLLOWED BY THE SANTA ANA FINANCING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 7:57 P.M. WITH SAME MEMBERS PRESENT. *Mayor Pulido and Councilmember Sarmiento declared conflicts of interests on Item 75A and 85A and abstained on both items, Pulido has a business interests, and Sarmiento has clients that reside in the area; they left the meeting at 7:58 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. PUBLIC HEARING 75A PUBLIC HEARING — AMENDMENT OF MANAGEMENT DISTRICT PLAN TO ADJUST THE BOUNDARIES FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT — Community Development Agency Set for public hearing at the August 1, 2011 City Council Meeting by a vote of 5 -0 ( Pulido and Sarmiento abstained) Legal notice published in the Orange County Register on August 12, 2011, and notices mailed to business and property owners on August 11, 2011. Public Hearing opened at 7:58 p.m. The following residents spoke on the matter: • Ralph Allen, noted that City faces consequences if item approved. • Barbara DesRochers, commented on tax increase that has not benefited her business; opposed to PBID. • Laura Garibay, SACRED representative; support reboundary. • Dave Hoen, Santa Ana resident, supports efforts in Downtown; Artist Village offers restaurant and entertainment options. • Richard Garcia, noted importance of Downtown as County seat; urged all to be more positive and understand broader issues. • Herb Rose, opined that PBID formed illegally; support disestablishment. • David Ihrig, support efforts in Downtown. • Shahram Makhani, owner of fabric store in Downtown, opined that area same for past 21 years; support disestablishment; benefits not proportional. • Robert Escalante, opined that Downtown success before Downtown I nc. CITY COUNCIL MINUTES 17 AUGUST 24, 2011 1 0A -17 • Albert Castillo, concerned with events promoted by Downtown Inc. including "Dia de los Muertos" and alcohol sales, send wrong message. • Ben Gabriel, support disestablishment of PBID and proposed use redevelopment funds to improve area. • Adolfo Lopez, former member of Downtown Inc. and founder of DSABA; support disestablishment and start over. • Sam Romero, support disestablishment. • Fina Chaves, opined that PBID established illegally; benefits not even. Council discussion ensued. Councilmember Bustamante supports amendment to boundary; opined that PBID tool for improvements, now vibrant and active area; opposed to disestablishment. Interim City Attorney Straka clarified that no action on either re- boundary or disestablishment would leave boundary the same. Councilmember Benavides, assessment increase of 5% has not been exercised, only considering re- boundary; do not believe that businesses struggling because of PBID, but other economic forces; 18 months since establishment not long enough to know success; support modifications and not disestablishment. Councilmember Martinez, made following suggestions to Downtown Inc.: change bylaws and diversify Board, if not complying with suggestions will move forward with disestablishment; will allow 30 -60 days for organization to comply; opposed to County Assessor collecting fees; inquired as to City's responsibility to Downtown Inc. obligations and enhanced services if disestablished (to be reviewed by legal staff); Engineer noted that City would be obligated to provide benefits pre -PBID; City would have to pay debts and liquidate assets and remaining funds rebated proportionally. Councilmember Tinajero indicated that when first elected met with business area, animosity existed already at that time; improvements in Downtown noted; has been socio- economic shift; opponents and supporters have valid concerns; suggested that Downtown Inc.'s Board be inclusionary, transparent, and diversified and demonstrate efforts to promote all businesses equitably; supports re- boundary. Mayor Pro Tern Alvarez commented on need to have Agenda Item 85A; previous requests to diversity Board have been unsuccessful; financial report substandard; conflict by Chair and Vice Chair on Board since they are related; Board needs business representation too; membership should be automatic; noted that CEO salary $100k plus 401K, plus spouse on payroll; concerned with County assessing fees and not accepting partial payments; supports re- boundary, but will continue consideration of CITY COUNCIL MINUTES 18 AUGUST 24, 2011 1 0A -18 disestablishment; approval of Agenda Item 85A will allow meeting date to be set and all to be heard; had previously requested that only Artist Village be part of PBID and asked that Engineer assess that possibility. Also questioned staff authority to vote on establishment of PBID and passage if City had not participated in vote; petition for disestablishment includes 58 property owners. Mr. Escalante and Mr. Ceballos, former partners in Fiesta Marketplace, developed business area to serve minority community; documents for area development included restrictions to allow Latino community to flourish, some clauses expired June of 2010, but discrimination clause are in perpetuity. Questioned location of Downtown Inc. offices and proposed moving to neutral location like City Hall. Councilmember Martinez represents area; have seen improvements; business community vital to City; suggested Downtown Inc. diversify Board within 30 days, revise bylaws, comply with Brown Act, make membership automatic, and allow City to establish Escrow Account within 60 days to allow for partial collection of fees. Councilmember Benavides requested semi - annual reports, diversify Board, and also expressed that he was separating self from comments made earlier by councilmember. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011 -056 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING THE MANAGEMENT DISTRICT PLAN TO ADJUST THE BOUNDARIES AND ENGINEER'S REPORT FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT 2. Approve the Amended Downtown Santa Ana Community Management District - The Management District Plan and Engineer's Report reflecting the boundary modifications. 3. Authorize staff to submit the FY 2011 -12 Downtown Santa Ana Community Management District special assessment data to the Orange County Auditor - Controller on August 25, 2011. MOTION: Bustamante VOTE: AYES: NOES: ABSTAINED SECOND: Benavides Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) None (0) Pulido, Sarmiento (2) CITY COUNCIL MINUTES 19 AUGUST 24, 2011 1 0A -19 AND NOT PRESENT: ABSENT: None (0) CITY COUNCIL AGENDA ITEM 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 RESOLUTION OF INTENT TO SET PUBLIC HEARING DATE — DISESTABLISH THE COMMUNITY MANAGEMENT DISTRICT (CMD) - Mayor Pro Tern Alvarez Mayor Pro Tern Alvarez proposed a 30 -day continuance to allow Downtown Inc. time to incorporate suggestions. Also requested that staff provide a list of businesses in default due to assessment. COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Bustamante: • Echoed Councilmember Benavides comment about inappropriate remarks and apologized to the Chases and all offended by comments. Councilmember Martinez: • Wished all students starting a new school year much success; • Welcomed new Santa Ana Unified School District Superintendent; • Thanked all speakers for attending meeting and participation in democratic process; and • Wished Mayor Pro Tern Alvarez a Happy Birthday. Mayor Pro Tern Alvarez: • Apologized for Councilmember Bustamante leaving meeting before end. ADJOURNED - 9:43 P.M. The next meeting of the City Council will be a Regular Open Meeting to be held on Tuesday, September 6, 2011 at 5:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 20 AUGUST 24, 2011 1 OA -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s1 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: September 1, 2011 Re: REQUEST FOR DESTRUCTION OF RECORDS 7011 A1111" Z AM '0: 10 The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2011 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence September 1, 2009 and prior Correspondence/ September 1, Chronological Files Councilmember Self- explanatory 2009 and prior Council Requests Mayor Inquiries processed for Mayor September 1. 2009 and prior Wards 1 through 6 Inquiries processed for Councilmembers September 1, 2009 and prior Correspondence General Correspondence Self- explanatory September 1, 2009 and prior Staff Inquiries processed for Staff September 1, 2009 and prior Monthly Status City Manager Self- explanatory September 1, Reports 2009 and prior Payroll Records Council /Staff Self- explanatory September 1, 2009 and prior September 1, Travel Folders Council /Staff Self- explanatory 2009 and prior APPROVE: Paul M. Walters City Manager RECORDS DESTROYED: Volume in Cubic Feet Date Weight in Pounds 19C -4 CONSENT: 6 -2� Joseph Straka Prate Interim City Attorn AUDITED BY: Mark Lawrence Date Assistant to the City Manager MEMORANDUM To: Interim City Attorney Date: August 16, 2011 From: Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Subject: REQUEST FOR DESTRUCTION OF RECORDS The Parks, Recreation and Community Services Agency requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. Gerardo Mouet Attachment 19C -5 L1 PARKS, RECREATION AND COMMUNITY SERVICES AGENCY DESTRUCTION OF RECORDS ........................... . kcORD CATEGORY ReCORp S�Rt£5 RECORD ESCRtPTl4?lY RECfJRD 17A7� PAYROLL Exception Sheets Forms to charge labor expenditures to applicable Fund & Activity other than home account. December 2007 an7prior Leave of Absence Authorizing absence forms December 2007 and prior Direct Payment Voucher Generated payment to City vendor /creditor; used in lie of PO when item & vendor known. Includes invoices. Jury 1,2007 -June 30, zoos PURCHASING DOCUMENTATION Requisitions Agency requests to FMSA to locate best vendor for identified goods /items December 2008 and prior P Purchase Orders Forms generated from Purchase Requisitions June 2006 and prior Weed & Seed Grant 1997-2002 MCAN (Minnie Community Action Network 1999 -2000 McFadden Technology Center October 1, 2003 - March 31, 2005 A. C. E. E. 2002- June 30, 2002 V isual Arts Program nJanuary 2 - June 30, 2003 Lunch Pro ram e tember 2005 ABC 01 -2002 ABC - Corbin October 1999 - September 2001 GRANTS Participant forms. All expense source documents and copies of billing and payment information Pro ect Connection 2001 - 2003 Reading Readiness 2002-2003 CDBG 1999-2003 Project Pride October 1, 1994 - September 30, 1997 Minnie Street 2001 -2002 Cambodian Famil - 2002 Human O tions - 2002 FACT - 2005 Safe Haven - 1997 ESG 2005-2006 Access Arts & Access Sports 2002-2003 BOC (Year 2) March 31, 2006 X2003 Seniors on the Go - 2004 PERSONNEL Job Applications Applications for employment and resumes for not -hired applicants. nd no prior TREASURY Daily Treasurer's Report information Report of daily revenues received with detail payment & related working papers 003 and prior PREPARED BY: J y /l-7 /( Liz . Solis Date A counting Assistant PRCSA - Budget & Accounting Section Records Destroyed: CONSENT: Gerardo Mouet, Executive Director Date Parks, Recreation & Community Services Ay--ncy APPROVED BY: 70 61 w A Number of Boxes 5oseph Straka Date Interim City Attorney 19C -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between January 1, 2011 to March 31, 2011 and April 1, 2011 to June 30, 2011 valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements, and change notices entered into between January 1, 2011 to March 31, 2011 and April 1, 2011 to June 30, 2011 valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by City Council. FISCAL IMPACT There is no fiscal impact associated with this action. 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W \ N N N N N N N M CM fz Iz i�z m m 8 m m m m 6 6 6 6 0 O O O O O N N N N N N N N N N N N N N N N N N N N N M m m M M m M M M m m((0 m m m m m m m CD 0 m m m m m m m m m m m m m m m m m m mm O o 0 o O o a o O O o o O o 0 o O O o a O O o a 0 0 0 a O O o N M V M M M tl- M O O N M V a CO Q a O O 1 t20r a0 O) O N M V (o (O I� a0 N O N M V tO m f- Cl) M M M M M M M M M V V V V V V V V V V V V -W V V V V V V V V V V V V V V V V V V V V rn 0 0) REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES CITY MANAGER RECOMMENDED ACTION Receive and file. 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 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on August 16, 2011, by a vote of 6:0 (Verino absent), the Community Redevelopment and Housing Commission approved the recommended action. DISCUSSION This status report for the quarter and fiscal year ending on Jun e the day -to -day affordable housing activities of the City and Agency. The report is divided into three sections: Loan Activity, Monitoring, and Development Projects. Loan Activity Applications 30, 2011, provides statistics for the Community Redevelopment Loan Portfolio Management and The Housing Division offers several different programs. The loans offered include homebuyer down payment assistance and rehabilitation loans for historic single family, single family and mobile homes. Mobile home loans are offered as forgivable grants and are used to cover the cost of essential repairs. The Housing Division reviews applications to determine which program best fits the needs of the applicants. Applications are mailed out and received for these programs on a continuing basis. 19E -1 Quarterly Report for Housing Division Projects and Activities September 6, 2011 Page 2 Single Family Rehah 118 Chart 1 shows the number of applications sent out by type during the fiscal year. Of the applications sent, fifteen have been returned. As of the end of the fiscal year, ten were denied or dropped out due to title or equity issues. Five are in process. Loan Underwriting and Approval Process Chart 1: Loan Applications Mailed Mobile Home, 22 omebuyer ssistance, 77 In this process, staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to determine eligibility per program guidelines. In addition, staff conducts an inspection of the unit, prepares a work write up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for execution, and reserves the required loan funds. Ten homebuyer assistance loans were approved during the fourth quarter, and Table 1 provides details on those loans. Table 1: Loans Ar)Droved Durina the Fourth Ounrter Address Loan Amount Loan Type 214 Bush Street $10,000 Homebu er Assistance 1802 Westwood Avenue $35,640 Homebuyer Assistance 1001 W. Stevens Avenue, #140 $10,000 Homebuyer Assistance 329 E. Camile Street $10,000 Homebuyer Assistance 1422 S. Maple Street $10,000 Homebuyer Assistance 1201 W. Sixth Street $10,000 Homebuyer Assistance 1231 S. Baker Street $10,000 Homebuyer Assistance 1520 W. Sixth Street $10,000 Homebuyer Assistance 503 S. Gamsey Street $10,000 Homebuyer Assistance 1510 W. Twelfth Street $10,000 Homebuyer Assistance Chart 2 below shows the number of loans approved during the fiscal year. Construction Process Chart 2: Loans Approved 30 During this phase, homeowners receiving 20 rehabilitation loans are guided through an 10 5 3 2 0 Homeowner Homebuyer New 19E -2 Rehab Assistance Construction Sale Quarterly Report for Housing Division Projects and Activities September 6, 2011 Page 3 open selection of contractors to complete the work on their homes. Each homeowner is given a list of contractors that have been screened by staff for insurance and bonding requirements. However, homeowners are allowed to select any contractor that is licensed and meets these same requirements. Staff assists the homeowners in selection of a contractor, monitors the construction work, approves payments to contractors, and tracks expenditures to ensure they do not exceed available funds. Multifamily projects may involve additional issues such as compliance with prevailing wage requirements and /or Davis - Bacon. At the end of the fiscal year, there were 34 multifamily units and two single family units for a total of 36 units underway. Loan Portfolio Management and Monitoring The Housing Division is responsible for ensuring the integrity of the residential loan portfolio. As of the end of the fourth quarter, the principal balance was $80,172,016. This is comprised of 308 loans of which 275 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $573,205 in payments of principal and interest during the fiscal year: Table 2: Portfolio RPvPnua Loan Payoffs $223,516 Residual Receipts Payments $154,965 Amortized Loan Payments $194,724 Total $573,205 As part of the requirements for these funds, staff must monitor the owner - occupancy for single family homes that have received loans, and the code compliance of units in rental projects with long -term affordability covenants. During the fourth quarter seventeen letters were sent to homeowners to verify that they continue to occupy the home as their primary residence. A total of 127 such letters were sent during the entire fiscal year. Nearly all homeowners have responded, and are in compliance. The remaining few have been sent or will receive a follow -up letter. During the fourth quarter staff also conducted code compliance inspections for a sample of 93 units in fifteen projects that contain a total of 274 units. A total of 30 projects containing 541 units were inspected during the fiscal year. Regulations require that only a sample be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to insure they also meet City code requirements. All the inspected units as well as the grounds and common areas were found to be in compliance. All but seven units passed at the time of inspection. The seven units required minor repairs and a follow -up visit by staff. 19E -3 Quarterly Report for Housing Division Projects and Activities September 6, 2011 Page 4 Development Projects NSP 1 Program The federal Neighborhood Stabilization Program (NSP) is intended to target and stabilize communities hardest hit with foreclosures. To date, the City has received all three NSP awards for which it was eligible. The first award (NSP 1) came through a noncompetitive process in the amount of $5,795,155. Under its terms, all grant funds must be obligated by September 5, 2010, and expended by March 26, 2013. In addition, NSP grantees must expend at least 25% of the funds on households who are very low- income. The City has exceeded all of these requirements. All of its NSP 1 grant funds were obligated by August of 2010, and as of the end the fourth quarter it had already expended more than $6.2 million or 107.3% of its grant amount. The amount spent is greater than the grant amount because it includes program income. Finally, the City has already spent $2.3 million, or 33% of all its NSP 1 funds, on projects that serve very low- income households exclusively. Currently NSP 1 is only operating with program income, and these funds will diminish over time. NSP 1 includes the following four programs: Down Payment Assistance Program, Single - Family Acquisition - Rehabilitation Program, Historic /Condominium Acquisition - Rehabilitation Program and a Multifamily Acquisition - Rehabilitation Program. ANR Industries, the intermediary selected to implement homeownership programs including the Single - Family and Historic /Condominium, is responsible for the acquisition, rehabilitation, and resale of the foreclosed units. These homes are sold to families with incomes up to 120% of the area median (AMI). As of the end of the fourth quarter, ANR had used NSP 1 funds to acquire 34 single - family homes for rehabilitation and resale to qualifying families. ANR has spent more than $3.3 million in NSP 1 funds and has leveraged an additional $4.5 million in private funds to make these affordable units available. Chart 3 shows the status of all properties purchased with NSP 1 funds as of the end of the fourth quarter. Table 3 provides additional detail on the one property that has not yet been sold. 35 Chart 3: NSP 1- Status of All Single Family Properties 30 25 20 15 10 IN ❑E Acquisition Under Resale Sold Rehabilitation 19E -4 Quarterly Report for Housing Division Projects and Activities September 6, 2011 Page 5 Table 3: NSP 1 Properties Available for Sale Address NSP Funds for Acquisition 1001 W. MacArthur Blvd #14 $110,704.98 The partnership of OHDC and C &C Development was selected to implement the Multifamily Acquisition /Rehabilitation Program. To date, the partnership has used $1.4 million in NSP 1 funds to acquire a 14 -unit multi - family property at 1410 North Durant Street. The rehabilitation is complete and the property is now occupied. The partnership also used $655,000 in NSP 1 funds to acquire two vacant parcels at 605 -611 East Washington Avenue on which they will construct 36 affordable rental units. They have submitted an application for tax credits, and expect to start construction in September of 2011. Both projects will be targeted to households at or below 50% of AMI. NSP 2 Program Chart 4: NSP 2 - Status of All Single Family Properties The City's second Projected Completion Date award (NSP 2) for $10 14 million was received so through a highly 6 competitive process in 4 which only 15 local o government agencies were successful. Most awards were made to Acquisition Under Resale Sold Rehabilitation nonprofit consortiums. Under the terms of this award, there is no obligation deadline to meet; however, there is an expenditure deadline. Fifty percent of the funds must be expended by February 11, 2012, and the remainder by February 11, 2013. As of the end of the fourth quarter, the City had expended $6.3 million or 63% of the funds. NSP 2 implements three programs: Down Payment Assistance Program, Single - Family Acquisition - Rehabilitation Program, and a Multifamily Acquisition - Rehabilitation Program. ANR has spent more than $3.17 million in NSP 2 funds and has leveraged an additional $3.6 million in private funds to make these affordable units available. Chart 4 shows the status of all properties purchased with NSP 2 funds as of the end of the fiscal year. Tables 4, 5, and 6 provide additional detail. Table 4. NSP2 Properties Under Rehabilitation Address Projected Completion Date 1410 S. Shelton 712112011 1233 W. Myrtle 8115111 2047 S. Birch 8108111 1319 W. 7 1 8118111 1643 W. 12th 19102111 19E -5 Quarterly Report for Housing Division Projects and Activities September 6, 2011 Page 6 Table 5: NSP2 Single Family Properties Available for Sale Address Affordability Level 2075 S. Van Ness Moderate 2142 S. Park Moderate 2201 S. Parton Moderate 1230 S. Garnsey Moderate Table 6: NSP 2 Single Family Properties Sold Durina the Ouarter Property Address Silent 2" v Income Level 1510 W 12,n St $10,000 Moderate 503 S. Gamsey $10,000 Moderate 214 N. Bush $10,000 Moderate 1520 W. 6 St $10,000 Moderate 1231 S. Baker $10,000 Moderate 1201 W. 6 $10,000 Moderate 1422 S. Maple $10,000 Moderate 329 E. Camille $10,000 Moderate NSP 3 Program The U. S. Department of Housing and Urban Development (HUD) has allocated the amount of $1,464,113 in NSP 3 funds to the City of Santa Ana. To receive these funds the City adopted a substantial amendment to its Annual Action Plan, and submitted it to HUD on February 28, 2011. The amendment was approved, and the City signed a grant agreement with HUD on March 10, 2011. The City will implement the following programs with these funds: • Acquisition /Rehab /Resale -50 Percent of Area Median Income • Acquisition /Rehab /Resale -120 Percent of Area Median Income • Administration In order to facilitate implementation of the first two programs, the City released a Request for Proposals (RFP) for intermediaries on February 28, 2011. ANR Homes, Inc. was selected to receive the contract, and it was approved by City Council on June 20, 2011. As required by regulations, comprehensive detailed quarterly reports on the City's NSP Programs (NSP 1 and NSP 2) are posted on the City's website at http:/ /www.santa - ana.org /cda /NSP.asp. 19E -6 Quarterly Report for Housing Division Projects and Activities September 6, 2011 Page 7 Scattered Sites On October 9, 2009, the Agency released a Request for Qualifications for the selection of qualified developers for 13 Agency -owned parcels. On December 21, 2009, the Agency selected three developers to construct single family and multifamily units on these parcels. Habitat for Humanity of Orange County was selected as developer for single family housing at sites identified as 719 & 812 North Concord Street; 1114, 1121 South Cypress Avenue; 1314 Eastwood Avenue; 4809 West Edinger Avenue, 4010 & 4018 West McFadden Avenue; 4106 & 4110 West McFadden Avenue; 717 East Third, and 1029 McLean Drive for a total of 17 single family units. A Disposition and Development Agreement (DDA) was approved by the City Council and Redevelopment Agency on March 21, 2011. They are currently going through the planning process. Also approved was OHDC and C &C Development as the developer for multi - family housing at sites identified as 217, 219 & 435, 437 South Birch Street; 2034 & 2038 North Bush Street; and North Spurgeon & East 22nd Street. They have submitted plans for the Birch Street and Bush Street properties. Their DDA was approved on September 7, 2010 for all sites except North Spurgeon, which is still being negotiated. They have applied for tax credits, which is necessary financing for the construction. Finally, the Agency selected Hope Builders, a Division of Taller San Jose, as developer for two single family homes on a site identified as 542 East Central Avenue. This site will afford Hope Builders further training in the construction of single family dwellings and assist in its mission of providing high quality construction jobs for local Santa Ana residents who are graduates of Taller San Jose. The Developer has submitted its plans into the City's site plan review process, while Agency staff continues working with them on its DDA. Station District On June 7, 2010, after an extensive public outreach process which garnered a great deal of input on community needs and issues, the City Council /Redevelopment Agency approved several actions to facilitate the development of an affordable housing project, located in the 94 -acre Station District, that will enhance the Lacy neighborhood and support the transit vision for the area. The project is situated along a corridor and is a key connection from the 1 -5 freeway into the Downtown, and will also serve as a major transportation link for the planned Go Local Fixed Guideway System. Related California /Griffin Realty Corporation, the master developer selected last year after a wide - reaching Request for Proposals process, helped spearhead the outreach efforts with support from the City. The first phase of the project will be 74 podium apartment units to be rented to extremely -low and very -low income households. In March the developer submitted an application to the State of California for low income housing tax credits which will provide critical financing for this phase. If 19E -7 Quarterly Report for Housing Division Projects and Activities September 6, 2011 Page 8 the application is approved, the developer anticipates that construction will start in October of 2011 and be completed in approximately 18 months. FISCAL IMPACT There is no fiscal impact associated with this action. Nancy T. Edv4rds Interim ExecLAve Director Community Development Agency NTE /SLB/TG /mlr i'' =21001 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR A NEW PARKING STRUCTURE AT MATER DEI HIGH SCHOOL CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide environmental services for a new parking structure at Mater Dei High School located at 1202 West Edinger Avenue. DISCUSSION The City is reviewing an application for the construction of a new three -story, 1,000 space parking structure for Mater Dei High School at 1202 West Edinger Avenue. During the review, it was determined that an environmental impact report would be required to meet the requirements of the California Environmental Quality Act. As a result, staff has prepared a Request for Proposals for environmental services for this project (Exhibit 1). Once proposals have been received and evaluated, the recommended firm will be submitted for review and action by the City Council. FISCAL IMPACT There is no fiscal impact associated with this request. Trevino Executive Director Planning and Building Agency VF:rb VAreports \MaterDei RFP.cc090611 Exhibit: 1. Request for Proposals 19F -1 19F -2 Mater Dei High School Parking Structure Request for Proposals (RFP) 2011 I. INTRODUCTION The City of Santa Ana is requesting proposals from planning and environmental consulting firms for preparation of an environmental impact report (EIR) for a new parking structure for Mater Dei High School at 1202 West Edinger Avenue, Santa Ana. The scope of work may include any and all work efforts related to the analysis, preparation, community outreach and related compliance with CEQA and /or NEPA (if required). This will include the preparation of an EIR and required technical studies, on -call consulting on as needed basis, and attendance at public hearings. II. PROJECT DESCRIPTION Mater Dei High School has submitted a proposal to the City to construct a new parking structure for use by the high school. The proposed structure will be three stories in height (approximately 25 feet), and will accommodate 990 vehicles. Access to the structure will be provided from the existing campus parking lot at the north and from St. Andrew Street at the south. To accommodate the project, Mater Dei will need to acquire 19 privately -owned parcels of land that are currently occupied by single - family residences. Several discretionary actions will be required for the project. In addition to the EIR, the discretionary actions will include a zone change (Amendment Application) and general plan amendment for the 19 single - family residential lots, an amendment to an existing development agreement, and the partial abandonment of three streets. Further, a lot merger to combine the parcels with the Mater Dei campus will be needed. Staff has been authorized by the City Council to distribute this Request for Proposals for environmental services to prepare this EIR. The recommended contract will be submitted for City Council authorization after review of the proposal has been completed. III. GENERAL INFORMATION The term of the consultant will begin when the contract is approved by the City Council. A. When appropriate, the City will furnish information in its possession relevant to preparation of the environmental documentation, including the General Plan and Zoning information. B. The Consultant shall be responsible for retaining data, records and documentation for the preparation of the environmental documents. These materials shall be made available to the City upon acceptance of the final draft text or at any earlier time at the request of the City. 19F -3 C. In an effort to promote the hiring and utilization of local businesses /merchants, when selecting a consultant to perform the tasks identified in the following sections, local companies shall be given preference. D. This RFP does not commit the City to pay costs incurred in preparation of a response. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety. E. All data, documents and other products used or developed during preparation of the environmental documentation will become property of the City. All responses to the RFP shall become property of the City. Applicants who wish to retrieve documents submitted as part of the response to the RFP may do so after Consultant selection. F. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the respondent. G. The City reserves the right to reject and replace any and all subcontractors, and reserves the right to approve all subcontractors. H. Progress review meetings shall be held at intervals deemed appropriate by the City COORDINATION Coordination with the City, other consultants, and agencies will be required to achieve satisfactory and timely delivery of the final work product. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum by the issuing office. PRIME CONSULTANT RESPONSIBLITIES The selected Consultant will be required to assume responsibilities for all services in their proposal. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the Agreement. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. 2 19F -4 IV. SCOPE OF SERVICES The Consultant shall provide technical environmental services under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants' Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services may include attendance at appropriate City Commission, City Council and neighborhood meetings, and preparation of studies and technical reports. If determined necessary, the consultant shall be required to discuss the project with City Staff and applicant within two -weeks of approving proposal and receiving the notice to proceed from the City. At that time staff and applicant will provide all information pertinent to the project. It shall be the responsibility of the selected consultant to prepare the appropriate environmental documentation in conformance with the California Environmental Quality Act. The City staff shall work closely with the consultant in achieving a legally defensible document. As part of the proposed EIR, the following shall be addressed. Please identify the scope of work and related cost estimate by the categories listed below. A. Initiation of the Project/Kick -Off: Attend a kick -off meeting to discuss the project with City staff within five working days of receiving a notice to proceed. At this time, staff will present all information about the project, discuss any project constraints and issues, and refine the scope and responsibilities. B. Preparation of technical studies: Technical studies shall be prepared and provided by the selected consultant that, at a minimum, are those listed in CEQA Appendix G: Environmental Checklist Form of the CEQA Guidelines. C. Preparation of the environmental impact report: The consultant will prepare the environmental document for the project. This will include meeting with the City for the purpose of obtaining information necessary for preparation of complete project and alternatives descriptions, establishing early communications among the various team members, and familiarizing the consultant with the issues and concerns identified for analysis. In addition, the initial study, notice of preparation, scoping meeting attendance and the preparation of a screencheck and draft EIR shall be included as part of this task. D. Preparation of the final EIR: The consultant shall prepare a final EIR that is consistent with all applicable provisions of the California Environmental Quality Act. This will include the response to comments, findings of fact, statement of overriding considerations (if applicable), the mitigation monitoring and reporting program, and all other related documents. 19F -5 E. Attendance at Meetings: The scope of services requires the selected consultant to work closely with staff in preparing the environmental impact report. The consultant shall budget (at minimum) attendance at the following meetings: 1 Kick -off meeting with City staff 1 Community workshops /stakeholder forums 1 EIR Scoping meeting 8 Monthly progress meetings with staff 2 Planning Commission study sessions 1 Environmental Transportation Committee (ETAC) study session 1 City Council study session 2 Planning Commission hearings 2 City Council hearings F. Deliverables: 10 per submittal Administrative Screencheck Draft EIR (assume three review cycles) 20 Draft EIR (for public review) 10 CD's that contain the Draft EIR 20 Final EIR (with CD's) 1 Electronic files (Print quality pdf, web ready pdf, editable file) Note: Prior to start of work, software and programs used for data collection, documentation and mapping shall be approved by City staff to affirm compatibility with City systems. V. GENERAL REQUIREMENTS All work shall be performed in conformance with the latest City of Santa Ana, State Office of Planning and Research, State Department of Transportation, OCTA and other involved agencies' policies, procedures, standards and guidelines. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The minimum standard of appearance, organization and content of the documents shall be that of similar types produced by the City and set forth in related City of Santa Ana and other involved agencies' manuals. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above. VI. PERFORMANCE PERIOD The contract shall begin upon approval by the City Council, and the Consultant shall commence work after notification to proceed by the City. Unless extended by contract amendment, the contract shall terminate on December 1, 2013. The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement and all pertinent paperwork are fully executed and approved by the City Council. H 19F -6 VII. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana Planning Division, M -20, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702 on Thursday, September 29, 2011 by 5:00 PM, and made attention to Vince Fregoso, Principal Planner. Proposals received after the date and time specified in this RFP will be rejected by the Agency as non - responsive. He can also be contacted at (714) 667 -2713 or via email at vfregoso @santa - ana.org. VIII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Each firm must address each of the following items in their response to the RFP. A. Statement of Qualifications - In order to maintain uniformity with each Consultant, the Statement of Qualifications must be limited to a maximum of 20 pages (excluding front and back covers, section dividers and resumes). The page limitation includes all appendixes, attachments and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized officer who may make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience in producing environmental documents. The Project Manager /Principal Agent's contact information for the proposed work shall be identified, the associates in- charge when the Project Manager /Principal Agent is absent, and for that of other key personnel. An organization chart identifying only those who will perform work for the proposed project and their brief resume is also required. The project manager shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. The Consultant shall list the time availability of the project manager and the key personnel on a percentage basis to provide the services requested. Subconsultants, if any, shall be identified and are subject to the same requirements as for the prime Consultant. 3. Submittal of Proposal a. Three (3) copies of the RFP shall be signed by a company official with the power to bind the company. b. Structure your proposal to include the Scope of Services, General Time Schedule and Fees. 4. List of projects, which your firm or personnel have completed within the last 5 years, similar to the proposed project. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. 5 19F -7 5. References: The Consultant shall submit a list of references comprised of a listing of work similar to that identified in the RFP. 6. Statement containing any suggestions or special concerns that the City should be made aware of, including a project approach necessary for the successful completion of a public project. 7. The proposal must be completely responsive to the RFP. B. Fee Schedule The Consultant shall furnish a fee schedule for the environmental services. The fee schedule shall depict the hourly rates for the prime consultant and any subconsultants with an hourly billing rate for each personnel category to be used on the project. Personnel hourly rates shall reflect all costs for office overhead, including phones, cellular phones, vehicles, mileage and other direct and indirect costs. This fee schedule shall reflect all anticipated fee increases. C. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. IX. PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. X. CONSULTANT SELECTION The City of Santa Ana may designate a Consultant Selection Committee, which will evaluate each proposal based on technical criteria, staffing and qualifications listed within the RFP and make a selection. Final approval of the consultant will be given by the City Council. XI. METHOD OF PAYMENT The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a summary, as well as a detailed breakdown of the services, the project title, the tasks, the hours, and hourly rates. XII. PROFESSIONAL SERVICES AGREEMENT The RFP and the consultant's proposal will be attached and become part of the agreement as exhibits. XIII. INSURANCE REQUIREMENTS General liability, automotive, worker's compensation and professional liability insurance are required. The certificate shall include the City of Santa Ana and its officers and employees as insured or additional insured. 0 G Lei &;] XIV. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. XV. AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. Qualified firms including small businesses and businesses owned by Women, Minorities and Disabled persons are encouraged to submit bids or proposals. Contractors shall agree to comply with the City's ordinances and regulations regarding Affirmative Action and Equal Employment Opportunity. VF/Mater Dei/Mater Dei RFP 19F -9 19F -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: REQUEST FOR PROPOSALS FOR PROVIDING EVENT PRODUCTION SERVICES r' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the Parks, Recreation and Community Services Agency to issue a Request for Proposals (RFP) to qualified companies to provide event production services for the City of Santa Ana. DISCUSSION Santa Ana has conducted an annual Cinco de Mayo Festival in May for the past 12 years and an annual Fiestas Patrias Festival in September for the past 33 years in the downtown area, both of which are Orange County's largest street festivals for these holidays. These festivals include food and non -food vendors, top Latin billboard entertainment, a carnival, and other activities. As part of the Fiestas Patrias event, a two -hour parade is produced on the last day of the festival, which includes marching bands, floats, vehicles, and performers. The Parks, Recreation, and Community Services Agency (PRCSA) has been designated as the lead agency to produce and manage these events. The festivals are intended to attract a wide audience base by providing a broad variety and mixture of entertainment and family oriented activities. PRCSA seeks a qualified event producer to develop and produce with the City the overall brand, develop and implement a detailed promotional strategy, produce all promotional materials, develop and implement a sponsorship plan, and execute the event production, coordination, and artistic management. The producer will be responsible to pay all costs associated with the planning and production of these events, including the costs of performers, all equipment and support personnel, security, set up, clean up, sponsorship acknowledgement, insurance, taxes, fees and any other costs involved in undertaking the events on behalf of and to the full satisfaction of PRCSA. 19G -1 Event Production RFP September 6, 2011 Page 2 The Request for Proposals (Exhibit 1) will solicit proposals from qualified firms capable of producing these events. The recommended vendor agreement will be submitted for City Council approval after the review of proposals has been completed sometime this fall. FISCAL IMPACT There is no fiscal impact associated with this action. ..' 4� —, - r� Gerardo Mouet Executive Director Parks, Rec. and Com. Svcs. Agency Exhibit 1: RFP Scope of Work 19G -2 REQUEST FOR PROPOSALS RFP 11 -041 FOR PROVIDING MAJOR EVENTS IN DOWNTOWN SANTA ANA Production of the Cinco De May Street Festival in May Production of the Fiestas Patrias Street Festival in September, including Financial Support and Collaboration /Coordination with the Fiestas Patrias Parade Financial Support for the Fiestas Patrias Film Festival KEY RFP DATES: Issue Date: September 8, 2011 Pre - proposal Conference: September 22, 2011 Proposal Due Date: October 11, 2011 Exhibit 1 19G -3 REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be received per the attached specifications, at the Parks, Recreation and Community Services Agency (PRCSA), Budget and Accounting Section, 26 Civic Center Plaza, Santa Ana, California, 92702 until 4:30 P.M., October 11, 2011 FOR PROVIDING MAJOR EVENTS IN DOWNTOWN SANTA ANA Production of the Cinco De May Street Festival in May Production of the Fiestas Patrias Street Festival in September, including Financial Support and Collaboration /Coordination with the Fiestas Patrias Parade Financial Support for the Fiestas Patrias Film Festival MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Budget and Accounting Section M -75 P.O. Box 1988 Santa Ana, CA 92702 Attn: Silvia Cuevas or delivery by hand or courier to: Parks, Recreation and Community Services Agency Budget and Accounting Section 26 Civic Center Plaza Santa Ana, CA 92702 Attn: Silvia Cuevas Note: PRCSA is located on the second floor of the Santa Ana Main Library. It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Faxed or electronic proposals will not be accepted. If further information is needed regarding proposal submission, contact Robert Carroll, via email at rcarroll @santa- ana.org, or phone at (714) 571 -4218. 2 19G -4 I. GENERAL A. RFP PROCESS AND GENERAL TERMS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the PRCSA Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 11 -XXXX and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. Please submit one original and eight photo copies. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the PRCSA Budget and Accounting Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. AGREEMENT Successful vendor(s) will be required to enter into an Agreement with the City of Santa Ana. The agreement term will be for a two -year period, with the option of extending the Agreement for two additional two -year terms. The Agreement shall be in a form similar to that set forth as Attachment C. 5. SELL OR ASSIGN The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 6. RECEIVING TIME The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Faxed or electronic copies will not be accepted. 7. COMPLIANCE WITH LAWS All proposals shall comply with current federal, state, and other laws relative thereto. Vendor further agrees that the services proposed comply with all applicable Federal, State, and local occupational safety and health laws, standards for regulations, and that vendor will indemnify and hold the City harmless for any failure to so conform. 8. REFERENCE TO SUCCESSFUL VENDOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendor(s) with whom the City enters into contract as a result of this request for proposal. 3 19G -5 9. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll @ santa - ana.org. Questions will be accepted up until the pre - proposal conference. Responses will be provided to those in attendance at the pre - proposal conference electronically via e -mail. 10. RIGHTS RESERVED The City of Santa Ana reserves the right to reject any or all proposals or to waive any informality or technical defect in a proposal. The City reserves the right to contract with anyl all, or none of the vendors who submit proposals. 11. E -MAIL COMMUNICATIONS To facilitate the RFP process, vendors are required to monitor and respond to e -mail requests on a daily basis. 12. PRE- PROPOSAL CONFERENCE A pre - proposal conference will be held at 10:00 a.m. on September 22, 2011 at the Central Library Meeting Room A, Santa Ana, CA. Please RSVP to Robert Carroll, (714) 571 -4218, by September 20. All proposers are strongly encouraged to attend. 13. DISCLOSURE Any information, other than cost and price, which a vendor does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Proprietary and Confidential" — this data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the response. 4 19G -6 II. SCOPE A. OVERVIEW AND OBJECTIVES Purpose The City of Santa Ana is seeking proposals from qualified event production companies to produce the 2012 Cinco de Mayo and Fiestas Patrias Festivals, with an agreement term to the successful proposer of two - years, with the option of extending the Agreement for two additional two -year terms. Background The City is interested in providing quality events in the downtown area that will attract a wide audience base by providing a broad variety and mixture of entertainment as well as festival activities designed to attract a wide age range, including family oriented activities. An important aspect of these events is also to promote the Santa Ana downtown area and local merchants. Cinco de Mayo Festival: For 12 years, Santa Ana has conducted an annual two -day Cinco de Mayo Fesitval in historic downtown Santa Ana, which is Orange County's largest Cinco de Mayo event. The 2011 Festival included Top Latin Billboard entertainment throughout the entire weekend including Fobia, Mexican Institute of Sound, Gustavo Galindo, Ceci Bastida and Grammy winning world music act, Ozomatli. The event also included food and non -food vendors, carnival rides, and a beer garden. The successful candidate will be responsible for the planning and production of this event, including the payment of all City and non -City costs. Fiestas Patrias Festival: For 33 years, Santa Ana has conducted an annual two -day Fiestas Patrias event, which is Orange County's largest Mexican Independence Day street festival. The 34`h Annual Fiestas Patrias will return to downtown Santa Ana this September. Each year over 200,000 visitors attend the weekend festivities to enjoy food and non -food vendors, a carnival, "El Grito" ceremony, and Top Latin Billboard entertainment lined up during the entire weekend. The successful candidate will be responsible for the planning, production, and payment of all City and non -City costs for the street festival as well as for providing financial support for the parade and film festival and for working in collaboration and coordination with the City in securing sponsors for the festival and parade. Fiestas Patrias Parade: As part of the Fiestas Patrias Festival, a two -hour parade is produced on the last day of the Festival, Sunday and includes marching bands, floats, vehicles, and performers. Representatives of each of the 32 states in Mexico participate in parade planning and through parade entries. The City provides sponsorship for each of the 32 Mexican states at $500 each to help with float decorations and other parade entry costs. Fiestas Patrias Film Festival: As part of the Fiestas Patrias Festival, the City co- sponsors the production of a month long cinematic celebration of Orange County's cultural diversity and rich Latino history in coordination with a local film festival producer. The Film Festival provides an important cultural celebration for the families and residents of Santa Ana as well as patrons from around the county. Screenings take place at a variety of local venues and are free to the general public. 5 19G -7 Event Objectives The primary objectives of the Cinco de Mayo and Fiestas Patrias Festivals are to: • Engage the community in a positive and productive planning process that will allow input while maintaining control to ensure timely and effective event planning and production. • Provide a quality experience for event visitors with minimal disruption and inconvenience to the merchants and residents within the Festival boundaries. • Coordinate with an experienced and professional event production company in order to ensure that all City and event costs are covered. • Provide a safe and enjoyable free public event to celebrate Cinco de Mayo and Mexican Independence Day. • Provide opportunities to showcase and promote the downtown area and local merchants. • Provide opportunities for corporate sponsorship. The Proposer The City of Santa Ana seeks a qualified event producer to work in cooperation with the City to develop and produce the overall brand; develop and implement a detailed promotional strategy and produce all promotional materials; develop and implement a sponsorship plan in collaboration and coordination with the City, including delivery of any commitments made to sponsors of the event; and execute the event production, coordination, and artistic management. City personnel will remain available in a collaborative and supportive role throughout the planning and will sign off key stages as determined by the agreement. The Proposer must be highly organized with significant experience in producing events that require complicated and complex logistical planning. Also critical is experience in effective communication and coordination between multiple sectors of event planning and management, including City departments, County services, event sub - contractors and vendors, local merchants and residents, and other stakeholders. The successful vendor will be one that demonstrates a clear understanding of the dynamics of the Santa Ana downtown area and demonstrates experience and expertise in dealing with complex downtown issues, which naturally result from the residential /commercial mixed use. The successful vendor will take into consideration the needs of the downtown merchants and residents in the logistics planning in order to prevent problems with vendor /merchant competition and disruption of business, address the needs of downtown merchants in terms of festival booth placement, and prevent late night noise and other disturbances and disruption for downtown residents. Qualified proposers interested in producing these events are invited to submit proposals that meet the following program specifications. Your proposal should address each of the items listed in Section II. B. and will be evaluated against the criteria listed in Section III. B. SPECIFICATIONS FINANCIAL OBLIGATIONS The successful vendor will be responsible for: • The payment of all costs associated with the Scope of Services, including the cost for all City services and the costs of performers, all equipment and support personnel, security, set up, clean 6 19G -8 up, sponsorship acknowledgement, insurance, taxes, fees and any other costs involved in undertaking the Festivals. • In addition to paying for all City and non -City costs associated with the Scope of Services, the successful vendor will be responsible for Payment to the City of: o An amount not less than $10,000 to assist with the City's co- sponsorship of the Mexican state entries in the Fiestas Patrias Parade as part of the Fiestas Patrias Festival. o An amount not less than $7,000 to assist with the City's co- sponsorship of production and promotion of the Film Festival as part of the Fiestas Patrias Festival. o An amount not less than $45,000 to cover the City's costs for the parade production and management as part of the Fiestas Patrias Festival. SCOPE OF SERVICES The vendor will provide services necessary to brand, fundraise and promote the Cinco de Mayo (May) and Fiestas Patrias (September) Festivals. The vendor will coordinate site requirements, and produce and manage the Festivals on behalf of and to the full satisfaction of the Parks, Recreation, and Community Services Agency ( PRCSA), which must include, but may not be limited to: Financial Operations and Management • Develop a final event budget and work plan for the Festivals including all planning, promotional, set up, operational and wind -up costs. • Provide cash flow financing for event costs. PRCSA will fund the vendor through two to four draws during the contract term, payment of which will be conditional upon achievement of defined milestones and conditions to be negotiated within the service contract. • Procure and pay for all goods and services associated with the Festivals. • Obtain appropriate event insurance coverage. • Maintain and report budget information and processes for all revenue and expense categories subject to the PRCSA'S approval. Logistics • As the primary organizer of the Festivals, develop a highly organized, well structured logistical plan ensuring that all aspects of the Festivals are well- coordinated and attended to prior to, during and immediately following the Festivals, taking into consideration the dynamics and needs of the downtown merchants and residents. • Secure adequate staffing of the Festivals to ensure effective management of on -site logistics, including a sufficient number of well - trained staff scheduled throughout the Festivals to handle on -site logistical problems that may arise and to handle last minute decisions and changes. • Attend meetings with the PRCSA, its representatives and others as required for planning, implementation, and evaluation of the Festivals. • Coordinate and contract all requirements which may include sound and lighting systems; audio and video; staging and technology requirements; tenting; sponsor signage /recognition; power; water; temporary washrooms; water removal; waste removal; and site security. • Ensure that all sub - contract vendors have the capacity to adequately staff their areas of responsibility, including on -site supervision. • Prepare and submit permit and/or license applications and secure timely permit/license approval. • Include all logistical costs in the event budget. 7 19G -9 Artistic • Lead the design of Festival programming in consultation with the PRCSA, including the development of all talent, headline and local entertainment, VIP /sponsor recognition, and "El Grito" ceremony. • Work with PRCSA input to design and produce a creative brand (look and feel) for the celebration, to be used in all advertising and promotional materials. • Investigate, book and contract all talent, and arrange payment of talent, in consultation with the PRCSA. • Negotiate and contract with all talent and performers, including travel logistics and technical requirements. • Ensure permits and insurance requirements are secured by all subcontractors. • Arrange for and deliver to the PRCSA, signed permissions allowing the PRCSA to use photos and /or videos of the participating artists prior to the Festivals. • Include all artistic related costs in the event budget. Event Planning and Management • Negotiate a fixed price contract with the PRCSA for the delivery of the Festivals based upon the Final Event scope. • Develop and submit a management plan that outlines staff requirements for each team member and define how the firm's team intends to provide adequate staff to manage the events and what their role will be. • Include an organizational structure for management of the event. • Provide references and resumes for each key team member /staff person who will be responsible for any major components of event planning and management. • Include a plan for vendor oversight and the steps that will be taken to ensure compliance by vendors of rules and regulations, including vendor information meetings or other strategies that may be utilized. • Develop and submit a detailed project timeline, including benchmarks and report to PRCSA senior staff on the achievement of each benchmark. • Manage all aspects of the Festivals from the point of initial planning to post event evaluation and report to PRCSA senior staff any issues or problems that arise during planning and coordinate with PRCSA senior staff to mitigate such issues or problems in a timely manner. • Manage all aspects of stage production. • Provide a guest information center (venue information booth, lost and found, First Aid, etc). • Establish adequate vendor plan, including process for assigning booth space /location, check -in sites and check -in process, keeping in mind the dynamics of the downtown area and ensuring non - competition between event vendors and downtown merchants. • Arrange for hospitality and VIP services as may be required. • Arrange and supervise labor for all event services in addition to the production management. • Ensure that all service vendors and sub - contractors have the capacity to provide adequate staff for their areas of responsibility, including a sufficient number of well - trained staff with decision - making authority during the events to handle on -site logistical problems that may arise and to supervise on -site workers to mitigate late night noise and other disturbances. 8 19G -10 • Develop and implement an effective communication strategy between multiple sectors of event management as well as merchants and residents within the event boundaries to ensure advanced and detailed knowledge and expectations to prevent problems and political pressure. • Attend planning meetings for the parade and film festival to ensure coordinated planning with PRCSA. • Include all event planning and management costs in the event budget. Revenue and Sponsorship • Develop and implement a sponsorship program and other revenue generating endeavors to raise sufficient funds to cover all event costs, including city and other agency costs. • Attend planning meetings for the festivals, parade, and film festival and work closely with PRCSA to coordinate sponsor recruitment and benefits packages to leverage sponsor contributions in a collaborative manner. • Acknowledge the City of Santa Ana, PRCSA as Title Sponsor in all print and online promotional materials and make every effort to acknowledge PRCSA'S contribution in media interviews, public service announcements and other sponsorship recognition opportunities. • Create a well- developed sponsorship and revenue generation program to meet the 2012 event budget sufficient to cover all costs, including the contributions to the film festival and parade. The revenue generation program potentially could include sponsorships, exhibitor sales, food, merchandise, concessions and ancillary revenues, taking into account the challenge of working only with entities approved in advance by the PRCSA. • Work in consultation with the PRCSA to define sponsorship benefits; identify potential funding partners; implement the sponsorship plan; and liaise with event sponsors to ensure that benefits are delivered before, during and after the event. • Develop and manage all communications with prospective sponsors prior to and immediately following the Festivals. The producer will seek prior approval from the PRCSA before finalizing any contribution agreement or commitment. • Produce and coordinate all arrangement for sponsorship acknowledgement including radio and newspaper ads as well as any materials and announcements. PRCSA sign -off will be required for communications and marketing for the Festivals including strategic sponsorship activation and related strategies, prior to public release. • Include all sponsorship benefit costs in the event budget. Marketing and Communications • Develop and implement a marketing and communications plan for the Festivals, subject to the approval of the PRCSA. The plan should include, but not be limited to, proposed methods of paid advertising and associated costs, and earned media (e.g., writing of public service announcements /media releases /media advisories, content for the PRCSA website, and any other forms of communications) to market the Event. • Develop and implement a Customer Relations plan that will provide effective and relevant communications to the merchants, residents, churches, and others within the event boundaries to provide advance notice of event activities and to mitigate problems that may arise. • Develop the design, printing and distribution of event materials such as programs, rack cards, posters, print ads, banners and signage. • Recognize that the PRCSA will identify and confirm spokesperson(s) for media opportunities. 9 19G -11 • Supervise the development, production and distribution of information materials (event brochures, web pages, registration packages, on -site materials). • Include all marketing and promotional fees in the event budget. Protocol Management • Develop and implement a Protocol plan in conjunction with the PRCSA to identify, invite and support the participation of government and other community representatives. Management and Support • Establish and provide timely reporting on financial and event management matters starting every 4 weeks and increasing in frequency towards the event date, as determined by the PRCSA. • Coordinate all inquiries regarding the Event and manage the information flow between the PRCSA, volunteers, venue(s) and suppliers. • Provide required documentation with a final report to the PRCSA, including financial and budget detail and event recommendations. Security • Ensure the backstage area is secure at all times with only authorized person allowed entry. • Ensure that the Beer Garden is adequately secured at all times with effective intervention as needed. • Ensure that effective communications with security personnel is maintained throughout the events to ensure proper intervention on all security needs, issues, and problems. • Maintain a high level of communication, timely and effective response, and vigilance of high security areas, such as backstage and beer garden. • Negotiate and contract for crowd management activities (i.e. security, barriers and area access), working in conjunction with the City of Santa Ana and others. III. EVALUATION OF PROPOSALS Vendors will be evaluated based on the following evaluation criteria and their ability to provide quality services. A committee established by the City will evaluate all proposals based on the following criteria and provide a recommendation to the agency. Responsiveness to RFP 30% 1. Proposal's compliance with the requirements of this RFP 2. Thoroughness of proposal 3. Quality and scope of program design and implementation plan, including consideration of potential issues that may arise due to the demographics of the city and the dynamics of the downtown area and how those issues may be mitigated to prevent problems. 4. Adequacy of financial controls and protection against loss 5. The value of any new product or service suggestions or other new ideas and enhancements Experience of Firm and Personnel 30% 1. The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisors and staff 2. Relevant experience managing similar accounts with public agency clients 10 19G -12 Past Performances 40% 1. Past record of performance on contracts with other cities, governmental agencies or public bodies, including such factors as reliability, and compliance with contract terms and conditions 2. Past record of advancing the event brand 3. Past record of advancing the event area and local merchants 4. Acceptable, verifiable references Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer with a score above 70. IV. PROPOSAL AND REQUIRED DOCUMENTS Vendor must submit a detailed proposal that addresses the specifications and should not to exceed 20 pages. Vendor must also present all information and requested documents with their proposal as specified below. Applicants are asked to use 12 point Times New Roman font. A. GENERAL 1. Detailed proposal of services in accordance with the specifications detailed in Section II. Proposal should take into consideration the evaluation criteria included in Section III. This section is limited to 20 pages. 2. A preliminary implementation plan and timeline shall be submitted to the City along with the formal proposal; 3. A preliminary marketing plan, including sample materials; 4. Signed Proposal Form, including any deviations from specifications (Section V); 5. Completed vendor's references sheet (Section VI); 6. Attachments A, B, and C are for reference only, but will be required after the contract is awarded to the successful vendor. Vendor must submit one original and eight photocopies of their proposal. It 19G -13 V. PROPOSAL FORM AND DEVIATIONS riease aescrioe any aeviations trom the KPY specifications below. If no deviations, state "none ". Deviations: The undersigned contractor agrees to provide services in accordance with the specifications. I /We have stated herein the services and fees that I/we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any agreement in the event that terms under which vendor is contracted are violated. Name of Vendor (Person, Firm, Corp.) Address Address Telephone Number Signature of Authorized Rep. Name and Title (Please Print) Date Fax Number 12 19G -14 VI. VENDOR'S REFERENCES This sheet must be completed in full and returned with vendor's proposal. List and describe fully the last three contracts performed by your company, which demonstrate your ability to provide services in accordance with the specifications in Section II. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Year: Description of equipment and services provided: Customer Name: Address: Reference No. 2 Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: Customer Name: Address: Reference No. 3 Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: 13 19G -15 ATTACHMENT "A" CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS 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 that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 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 TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 14 19G -16 ATTACHMENT "B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by 15 19G -17 ATTACHMENT "C" SAMPLE AGREEMENT CITY OF SANTA ANA SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 200_ by (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of services comparable with "high- level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in 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 "high- level" contractor 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 those services as set forth in the Services Agreement Description/Specifications /Work Statement (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit " " hereto) attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. COMPENSATION a. In consideration for the concession rights granted by this Agreement, Contractor agrees to pay the City $ during the term of this Agreement (To be determined based on formula). b. Payment by Contractor shall be made within (__) days of the end of each month 16 19G -18 3. TERM This Agreement shall commence on the date first written above and terminate on unless terminated earlier in accordance with Section 12, below. This Agreement may be renewed, at the option of the City, for two additional two -year terms in a monthly concession fee amount of $ . Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor 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. 17 19G -19 d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 18 19G -20 7. CONFIDENTIALITY If Contractor receives from the City information which, due to the nature of such information, is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 19 19G -21 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Contractor: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parry, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 20 19G -22 12. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and in the Specifications, Exhibit "E" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and /or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit " " hereto). 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 recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana 21 19G -23 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 may, at the City's discretion, be cause for termination of this Agreement. 16. 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 Huizar Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency CITY OF SANTA ANA: DAVID N. REAM City Manager CONTRACTOR: By: _ NAME TITLEI Tax ID # 22 19G -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: AGREEMENTS FOR PLAN CHECK SERVICES WITH SCOTT FAZEKAS & ASSOCIATES AND CENTURY STRUCTURAL ENGINEERING CO., INC. AND APPROPRIATION ADJUSTMENT 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 1. Authorize the City Manager and the Clerk of the Council to execute the attached agreements with Scott Fazekas & Associates, Inc. and Century Structural Engineering Co., Inc. for plan check services in an aggregate amount not to exceed $300,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve appropriation adjustments recognizing aggregate total amounts not to exceed 300,000 in the 2011 -2012 FY revenue account for building plan check (account no. 01116002- 53600) and appropriating various amounts not to exceed $300,000 to the Planning and Building Agency 2011 -2012 FY budget allocation in the account for contractual services (account no. 01116520 - 62300) for payments to the consultants contracted to complete building plan check of various projects. DISCUSSION For many years the Building Division achieved a goal of a three week or less turnaround time for plan checks. This goal was attained for over 90 percent of plan check submissions. This was in part the result of streamlining internal processes, incorporating a contract plan checker at the public counter, and outsourcing plan checking services during especially high volume months. Beginning in 2009, budget constraints resulted in the reduction of in -house plan check staff as well as the cancelling of contracts for both a contract plan checker and outsourced plan check services. While these reductions negatively impacted plan check turnaround times, the impact was lessened by a concurrent reduction in plan check submittals due to the economic downturn. Although building activity remains below the five year average, Planning and Building Agency statistics indicate a slow but steady upward trend in plan check submittals over the past 12 months with several large residential and commercial projects received, or projected to be received in the current fiscal year. 20A -1 Plan Check Agreements and Appropriation Adjustment September 6, 2011 Page 2 In response to the increase in plan check submittals the Building Division reinstituted outsourcing plan checks in December 2010 to improve plan check turnaround times as well as provide greater flexibility for applicants wishing to take advantage of expedited plan check. The use of outsourced plan check services over the past eight months resulted in a six percent improvement in the number of plan checks meeting the three week turnaround time. As a result of the increased use of outsourced plan checks, contracts with two of the plan check firms that the Planning and Building Agency utilizes are nearly expended. These contracts must be renewed in order to continue to meet the plan check turnaround time goal of three weeks as well as to continue to offer expedited plan check services. The Building Division has contracted with Scott Fazekas & Associates since 2005 and Century Structural Engineering Co., Inc. since 2010 for plan check services. Both firms have met the City's requirements for availability of qualified engineering staff, turnaround time, locale, and fees. The two firms will offer both full and structural only plan check services at a rate of 35 percent of the plan check fee calculated by the City and will process any required plan revisions and deferred submittals at an hourly rate of $85. Expedited plan check fees will be paid entirely by the applicant. FISCAL IMPACT The additional plan check fees paid to the City will fund the entire cost for the consultants. These amounts will be recognized in the revenue account for building plan check (account no. 01116002 - 53600) and a like amount appropriated to the Planning and Building Agency account for contractual services (account no. 01116520-62300), not to exceed a total amount of $300,000. J . T v no Ey xecutive Director Planning and Building Agency MF:rb MF /RFCA — Expedited Plan Check Services — SFA and Century Exhibit 1: Agreements APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this _ day of , 2011 by and between SCOTT FAZEKAS & ASSOCIATES, INC., a California corporation (hereinafter "Consultant "), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4IL'�? 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $150,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended 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. 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. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief 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 the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. 20A -5 Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5897 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 4IM1111161" To Consultant: Scott Fazekas & Associates, Inc. 9 Corporate Park, Suite 200 Irvine, California 92606 telefacsimile (949) 475 -2560 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate either 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 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 20A -7 shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 41U'111;,� 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: JOSEPH A. STRAKA Interim City Attorney Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager SCOTT FAZEKAS & ASSOCIATES, INC. SCOTTFAZEKAS President Tax ID# EXHIBIT A SCOPE OF SERVICES General Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking. Scope of Services Consultant shall perform the following services for each assigned building plan review Detail review the mechanical, plumbing, electrical and building (architectural /structural) plans. Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. Review the plans for compliance with California state - mandated regulations for energy conservation, disabled access and City Adopted Ordinances. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as zone A01 or AE. 4. Recheck and approval of final plans and supporting documents to be provided without additional charge for recheck. 5. Submittal of approved plans and all supporting documents to the City of Santa Ana. 6. Provide all necessary liaison with applicants via fax, phone, e -mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. 7. Plan review report to be customized for each project and be delivered via fax, mail or e- mail to City and the applicant. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. 9. Plan reviewer to be consistent, accurate, available and responsive to the City and the applicant via phone, fax, e -mail and meetings. Also, the plan reviewer shall be available to the Building Official and his staff to help answer Code questions arising from review. Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Check issues. 11. Plan reviewer to verify that the job description, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation based upon valuation costs used by the City of Santa Ana. 12. Initial Plan review to be complete within fifteen (15) working days and recheck within five (5) working days. 13. Deferred submittals, trusses, stairs, curtain walls, etc. to be plan checked on an hourly rate of $85.00 /hour. 14. Consultant fee for review services to be 35% of the City of Santa Ana Plan Check Fee. 20A -11 Tl7. CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this _ day of , 2011 by and between CENTURY STRUCTURAL ENGINEERING CO., INC., a California corporation (hereinafter "Consultant "), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $150,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended 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. 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. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. 20A -14 c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement, Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief 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 the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. 20A -15 Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5897 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 41MIM1 To Consultant: Century Structural Engineering Co., Inc. Ed Chung, Principal 24719 Narbonne Avenue Lomita, California 90717 telefacsimile (310) 539 -7678 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate either 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 20A -17 a, Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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: JOSEPH A. STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager CENTURYSTRUCTURAL ENGINEERING CO., INC. ED CHUNG Principal Tax ID# EHIBIT A SCOPE OF SERVICES (Attached) 41YAKII Century Structural Engineering Co., Inc Proposal for City of Santa Ana Plan Check Consulting Services Feb. 2011 20A -21 CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325 -0883, Fax: (310) 529 -7678 Email: centuryse @sbcglobal.net Mr. Fred Heidari Deputy Building Official Planning & Building Agency, Dept. M -19 City of Santa Ana P.Q. Box 1988 Santa Ana, CA 92702 Dear Mr. Heidari, Century Structural Engineering Co., Inc. (CSE) is very interested in providing the Plan Review Service to the City of Santa Ana. CSE and its predecessor, Century Engineering Co., have served the building and construction industry since 1973. CSE is a minority owned small business and is selected by Los Angeles Unified School District (LAUSD) to provide services. CSE would like to be considered in the selection of providing Plan Check Review Service for the City of Santa Ana. CSE has performed Structural Design, Building Code Analysis and Plan Review Services for all type of projects. With more than thirty years of experience, we definitely have thorough understanding and knowledge of California Building Codes and Structural Design, And with the new principal Ed Chung came on the board who had just finished twenty two year's service to City of Santa Ana, we believe; we will provide the excellent Plan Check Review Service to the City. Our firm has Registered Structural Engineers, Licensed Architect and a Certified Accessibility Specialist on staff to meet whatever City's need for Plan Check Review Process; we also will assign Ed Chung to be the "CSE" contact person for City of Santa Ana for whatever City's need. i appreciate the opportunity to present to you the experience and qualifications of my firm and look forward to hearing from you soon. Sincerely, yChung, tructural En. 'neering Co., Inc. S.E.,CAS . Engineer CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325 -0883, Fax: (310) 529 -7678 Email: centuryse@sbcglobal.net Fee Setiedules Building Plan Review Fees: Fees for comprehensive Plan reviews, performed at the Century Structural Engineering office, will be equal to: 35% of the plan check fee as calculated per City of Santa Ana Additional Plan review for miscellaneous permit per hourly fee as determined by charged at Hourly rate of $ 85.00 per hour item (revision, shop drawing review, and City of Santa Ana fee resolution) will be CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325 -0883, Fax: (310) 529 -7678 Email: centuryse@sbcglobal.net FIRM QUALIFICATIONS Century Structural Engineering Co., Inc. (CSE) and its predecessor, Century Engineering Co., have served the building and construction industry since 1973. With thirty seven years of experience in Engineering Design, Code Analysis, Plan Review service, CSE has developed a thorough understanding of Building Design and code Applications. CSE has performed structural design as well as plan review services on a wide array of projects, ranging from Code analysis, feasibility study, and new Building design to rehabilitation and repair of existing buildings, outdoor bleachers and athletic facilities and swimming pools. CSE has been responsible for the Reviewing and design of numerous projects for schools, colleges, and universities as well as commercial and residential buildings in the State of California. CSE's work force consists of eight (8) staff including three (3) California registered structural engineers. CSE is involved with the preparation of structural inspection report and expert opinions. List of sample projects will be provided upon request. CSE has been selected by Los Angeles Unified School District as one of most qualified firms to provide engineering services to LAUSD since 2001. CSE is certified as a Small Business Enterprise (SBE) CSE had inspected and prepared Northridge earthquake damage assessment reports for more than one hundred damaged county structures. CSE focuses on customer service and project delivery. Each project is carefully considered and scheduled to ensure timely delivery. CSE carries $1,000,000.00 professional liability insurance, liability, workers compensation and $ 2,000,000.00 general liability insurance. Ed Chung will be the contact person for the city of Santa Ana. His resume and copy of licenses and certifications are attached, 20A -24 CENTURY STRUCTURAL. ENGINEERING Co., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325 -0883, Fax: (310) 529 -7678 Email: centuryse @sbcglobai,net ROSTER OF STAFF GARY CHANG Principal, Registered C.E., S.E. in California Certificate No, S 1519 ED S. CHANG Principal, Registered C.E,, S.E. in California Certificate No. S3361, I.C.C. Certified Plan Examiner Certified Accessibility Specialist, CASp. FRANK WU Registered C.E., S.E. in California Certificate No, 52025 NORMAN CHAO Licensed Architect in California License C7453 ANGELA HARN Office manager /secretary NOEL CUISON Draftsperson PATRICK SOUZA Draftsperson BETTY CHANG Finance /Accountant CSE carries the general liability insurance, automobile liability, workers compensation, and professional liability coverage. The limit of liability: $1,000,000.00 per claim $1,000,000.00 aggregate The general liability insurance including automobile liability coverage: $1,000,000.00 per occurrence $2,000,000.00 general aggregate 20A -25 CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325 -0883, Fax: (310) 539 -7678 Email: centuryse @sbcglobal.net SAMPLE PROJECTS Plan Review Proiect - Bowers Museum, Children's Museum - City Yard, Service and Storage Facility - State Fund Building and Parking Structure - County of Orange: Twin Tower and Parking Structure - Santa Ana Fire Station #1, #4, and #5 Renovation - Rosita Park, Del -Hi Community Center, El Salvador Senior Center, and a variety of zoo projects. - Nexus Twin Tower - American Title Company Data Center — Base Isolation - County of Orange District Attorney: Tenant Improvement - City of Santa Ana Rose Annex Development Center Santa Clara Private School Classroom Addition, Mater De Locker Room and Restroom Addition. Structural Engineering Peer Review - Rancho Los Amigos Medical Center in Downey, CA. - City of Hope National Medical Center Central Energy Plant in City of Hope, CA. - Scripps Memorial Hospital in La Jolla, CA. School and Municipal Projects: - St. John Bosco High School Auditorium in Bellflower, CA. - Olive Vista Middle School Library Addition Sylmar, CA. - Huntington Park municipal building, Huntington Park, CA. Commercial Projects, Jolly Roger Inn Hotel in Anaheim CA, Westwind Sports Center in Ontario CA. Homeland Cultural Center Theater in Long Beach, CA. Residential Projects: Numerous custom houses (Laguna Beach, Tustin Hills, Villa Park, Anaheim I4it1s, Trabuco Canyon, Palos Verdes Estates, Rancho P.V. Woodland Hills etc.) - Numerous apartment complexes (Westwood, Van Nuys, Santa Ana etc.) - Numerous tract houses (Woodland Hills, Rancho Palos Verdes etc.) Page 1 of 2 411_d 6- CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325 -0883, Fax: (310) 539 -7678 Email: centuryse @sbcglobal.net Fartauake Seismic Retrofit Proieets: Tilt -up Concrete Wall Buildings: - Concrete tilt -up walls Administration Building & Warehouse in Los Angeles CA. - Industrial Building tilt -up wall Rancho Dominquez CA. - Enterprise Rent -A -Car Headquarter Building Concrete tilt -up walls Carson CA. Un- reinforced Brick Buildings Don Hotel, Wilmington CA Un- reinforced Brick Buildings Office Building, Ei Segundo CA, Un- reinforced Brick Buildings Copley News Paper, San Pedro CA. Bleachers Projects: - South Gate High School - Outdoor bleacher & renovation/repair for home bleachers on top of concrete service building & visitor bleachers on grade, South Gate CA. Chaparral High School -New outdoor bleachers (Horne & visitor) Temecula CA. - UC Santa Barbara -New outdoor bleachers _Miscellaneous Proiects: - School Lunch Shelter, Handball Walls, Rock Climbing Walls, Marquees, Swimming Pools, Fire Damage Repair Work etc. Limch Shelter: - Cleveland Grover High School Repair, Reseda CA. - LA Center for Enriched Studies West Arcade, Los Angeles CA. Fire Damaged Repair: - 1900 -19004 Garden Grove Blvd. Industrial Building, Garden Grove CA. - Garfield High School Auditorium & Class Room Building, Los Angeles CA. - Paramount Citrus Warehouse, MacFarland CA. - Industrial Warehouse Building, Van Nuys CA. Miscellaneous Repair: - Canoga Park Secondary School - Prototype Wood Handball Walls, Canoga Park CA. Patrick Henry Middle School - Rock Climbing Wall, Granada CA. George Ellery Middle School - Concrete Handball Wall, Woodland Hills CA. Mt. Vernon Middle School - Marquee, Los Angeles CA. South Gate High School - Bleacher Renovation, South Gate CA. Parkview School — Athletic Equipments, Lancaster C Projects are too numerous to be listed, information on other projects will be furnished upon request. Page 2 of 2 20A -27 ED S. CHUNG, S.E., CASp. 24719 Narbonne Ave., Lomita, CA 90717 SUMMARY • In -depth knowledge of City, related municipal, State, and Federal Codes and Laws. • Diverse technical background in all aspects of building design and construction. • Dedicated to achieving 100% customer satisfaction while promoting Total Quality Service to customers. • Thorough knowledge of Federal, State Accessibility Codes & Regulations. EXPERIENCE 01/11- present CENTURY STRUCTURAL ENGINEERING CO., INC. Principal Engineer Provide, Building Code Consultation, Plan Review, Building Code Analysis, Feasibility Study & Structural Engineering, Accessibility Specialist Inspection Service for all types of the project. 04/88 -12/10 CITE' OF SANTA ANA Senior Playa Check Engineer Supervised Plan -Check Section to handle wide variety of projects; serve as a code consultant to architects, engineers, developers, and homeowners. Prudently enforce construction and occupancy law, promote an attractive environment for development, and ensure that Santa Ana is a thoughtfully planned, safely - built, and well maintained community. Position requires thorough familiarity with every aspect of highly complex projects, including life and safety, accessibility requirements, energy regulations, and all building components. 11/87 -4/88 JOHN A. MARTIN ASSOCIATES, Newport Beach Project Engineer Prepared structural calculations and construction plans for Schools & Hospitals. Coordinated with architects and builders, including preliminary design, specification writing, and cost estimating, ED S. CH UNG, S.E., CA Sp. 5/85 -11/87 DOHUBE STRUCTURAL ENGINEERS Tustin, CA Project Engineer Performed structural calculations and designed plans for many varied types of buildings for city submittal. Supervised in -house designer and engineer to ensure projects were completed on time and within budget. Prepared field observation, field revision, and project reports during construction. 9/82 -5/85 CENTURY ENGINEERING CO. Torrance, CA Civil Engineer / Field Inspection As Structural Designer and Project Superintendent, designed and constructed development projects, prepared structural plans and calculations for a variety of building designs. Managed contractors and subcontractors for all faces of projects. 7/79 -8/80 XCAM1 CONSTRUCTION, INC. Project Superintendent Supervised construction of an 82 -unit two -story Country Club/Resort. Works included feasibility study, proposal evaluation, budget estimate, bidding, scheduling, layouts, surveys and supervision of all stages. CERTIFICATES Registered California Professional Engineer Registered California Structural Engineer Certified Accessibility Specialty ICC Certified Plan Examiner EDUCATION M.S., Civil Engineering — University of Texas at Arlington B.S., Civil Engineering — Fong- Chia University MEMBERSHIPS Member, of Structural Engineer Association of Southern California Founding Member of Certified Access Specialist (CAST) State of California Governor's Office of Emergency Services — Safety Assessment Engineer ��L���� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: CONTRACT RENEWAL WITH L.N. CURTIS & SONS FOR FIRE HOSE (SPEC. NO. 08 -023) CITY MANAGE 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 Renew the contract with L.N. Curtis & Sons for the purchase of fire hose for a one -year period in an annual amount not to exceed $36,000, and increase the aggregate limit by $25,000 for miscellaneous supplies for the Fire Department in an annual amount not to exceed $61,000. DISCUSSION Each of the 10 fire stations house a fire engine outfitted with approximately 2,900 feet of fire hose. The Fire Department has established an ongoing replacement program for fire hose at a rate of one engine load per year, eliminating the need for mass purchases. The replaced fire hose is used on reserve fire apparatus or stored for unexpected emergencies, ensuring quick access to water supply. On April 7, 2008, the City Council awarded a contract to L.N. Curtis & Sons for a one -year period with provision for three one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract. Staff recommends the third renewal of the contract. Additionally, L.N. Curtis & Sons provides miscellaneous equipment, supplies, and turnout garments for the Fire Department. The purchase of the fire hose, when combined with previous purchases by the Fire Department during the current fiscal year, will exceed the $25,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate limit. 22A -1 Contract Renewal for Fire Hose September 6, 2011 Page 2 FISCAL IMPACT Funds are available in the Fire Maintenance Other Contractual Services account (no. 01115360- 63001). David Thomas Fire Chief Fire Department EG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: CONTRACT AWARD TO DOMINGUEZ GENERAL ENGINEERING, INC. FOR ON- CALL SEWER REPAIR SERVICES (SPEC. NO. 11 -042) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Dominguez General Engineering, Inc. for on -call sewer repair services for a one - year period, with provisions for three one -year renewals, in an annual amount not to exceed $500,000. DISCUSSION The City of Santa Ana owns and maintains a sanitary sewer collection system consisting of 390 miles of pipelines and 7,600 manholes. Closed circuit television (CCTV) technology is utilized to assess the condition of sewer mains and identify system deficiencies. Through the CCTV inspections, staff has identified numerous deficiencies in both the sewer mains and sewer manholes that require repair. The recommended action will allow for the City's Water Resources Division to repair sewer system assets on an as- needed basis. These repairs will prevent structural failure while extending the life of existing sewer system assets for a fraction of the cost of their replacement. The notice inviting bids was advertised on August 3, 2011 and bids were solicited. A summary of the bid invitations and bids received is as follows: 15 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 1 Bid received Bids were received, opened on August 12, 20011, and evaluated. The bid received from Dominguez General Engineering, Inc. is responsive to the specifications and meets the City's requirements. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. 22B -1 Contract Award for On -call Sewer Repair Services September 6, 2011 Page 2 FISCAL IMPACT Funds are available in the Sanitary Sewer Services account (no. 05617640 66220). Raul Godinez II Executive Direc Public Works A, RG /RB KM APPROVED AS TO FUNDS AND ACCOUNTS Francisco Gutierrez Executive Director Finance & Management Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: CONTRACT AWARD TO SCHWARZE INDUSTRIES, INC. FOR STREET SWEEPER (SPEC. NO. 11 -040) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Schwarze Industries, Inc. for the replacement of one fire damaged CNG street sweeper in the amount not to exceed $307,160, to be reimbursed from insurance proceeds. DISCUSSION On June 19, 2010 an electrical fire engulfed one CNG street sweeper causing damage that resulted in a total loss. Under the City of Santa Ana liability insurance program, the City maintains a replacement valve clause that allows the City to replace equipment due to unforeseen losses. Our insurance carrier, Alliant Insurance Services, Inc., has approved the claim and has authorized payment for one replacement street sweeper. The Finance and Management Services Agency Facilities, Fleet Management Division provides annual maintenance for the City's street sweepers. Currently eleven street sweepers are used to sweep over 400 miles of roadway within the City, 73,000 curb miles, consisting of residential, commercial and industrial streets and removes over 39,000 cubic yards of gutter litter each year. The current street sweepers range in age from 2003 to 2007 and require increased maintenance. The purchase of the replacement sweeper will allow Fleet staff to provide more effective maintenance to the balance of sweepers since the new sweeper will initially require minimal maintenance. To comply with Air Quality Management District standards, the new street sweeper will be a compressed natural gas unit. Santa Ana City Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. A contract for street sweepers was awarded as a result of open, competitive bidding and meets the City's requirements and qualifies for a contract to Schwarze Industries, Inc. 22C -1 Contract Award for Street Sweepers September 6, 2011 Page 2 FISCAL IMPACT Alliant Insurance Services, Inc. will reimburse funds into the Fleet Maintenance Equipment Replacement account (no.07510101- 66400). Raul Godinez II Executive Direc Public Works A KM r- ncy APPROVED AS TO FUNDS AND ACCOUNTS Francisco Gutierrez, Executive Director Finance & Management Services Agency 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: CONTRACT AWARD FOR WATERWORKS FITTINGS AND SUPPLIES (SPECS. NO. 11 -020) \ � i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _'-:• R- ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for waterworks fittings and supplies for a one -year period, with provisions for three one -year renewals, in an annual aggregate amount of $450,000 with the following vendors: Vendor: Location: Ferguson Waterworks Santa Ana H.D. Supply Waterworks Santa Ana Inland Water Works Supply San Bernardino S & J Supply Company Santa Fe Springs Wells Supply Co. Santa Ana DISCUSSION The Public Works Agency (PWA) Water Resources Division manages the delivery of water to businesses and residents in Santa Ana including all fire hydrants. To do so, PWA maintains an extensive distribution system that includes 20 active wells, seven pumping stations and reservoirs, and seven import water connections, as well as miles of water pipe. In order to perform maintenance and repair on fire hydrants and the extensive water system, PWA requires an assortment of materials such as valves, adapters, couplings, clamps as well as brass bushings, flanges, nuts and stops. Some materials are purchased through the Central Stores warehouse to provide quality products based on quantity pricing. Other supplies require the Water Resource Division staff to order custom made fittings that are adapted to the needs of the sewer and water pipeline repairs. The notice inviting bids was advertised on July 28, 2011, and bids were solicited. A summary of the bid invitations and bids receives is as follows: 15 Invitations for Bid mailed 3 Invitations for Bid mailed to Santa Ana vendors 6 Bids received 3 Bids received from Santa Ana vendors 22D -1 Contract Award for Waterworks Fittings and Supplies September 6, 2011 Page 2 Bids were solicited and opened on August 11, 2011 and evaluated (Exhibit 1). The bids received from the recommended vendors are responsive to the specifications and meet the City's requirements. Maintaining five vendors under contract allows Stores to maintain adequate inventory of waterworks fittings and supplies based on price saving with bulk purchases. In addition, provides the Public Works Agency Water Division local waterworks vendors to submit drawing for custom works with an immediate response and required delivery commitments. FISCAL IMPACT Funds are available in the Water Utility Water Systems Maintenance and Water Quality & Measurement accounts (no. 06017641 -63001 and 06017644- 63001). APPROVED AS TO FUN S AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Directo Executive Director Public Works Agency Finance & Mgmt Services Agency KM 22D -2 Bid 11 -020 WATERWORKS FITTING AND SUPPLIES specs require full quote, per category, with best offer to be awarded per category VENDOR WELLS FERGUSON R & D S & J INLAND HD $ 24,675 SUPPLY CO. 23,240 MECHANICAL SUPPLY WATER- SUPPLY SUPPLY WORKS C - COPPER LOCATION SANTA ANA SANTA ANA CORONA SANTA FE SAN SANTA ANA $ 19,363 SPRINGS BERNADINO TERMS NET 30 NET 30 12% 20 DAYS I NET 30 NET 30 NET 30 ** stated totals include 1% Santa Ana vendor preference and 2% term disc for R & D 8,007 CATEGORY 12,708 NO BID NO BID $ 11,022 A - BRASS $ 67,936 $ 64,854 $ 71,238 $ 68,142 $ 73,526 $ 70,359 B - BRASS /COPPER $ 30,384 $ 24,343 $ 25,842 $ 24,698 $ 24,675 $ 23,240 C - COPPER $ 11,628 $ 12,706 $ 11,292 $ 10,625 1 $ 11,399 $ 19,363 D - PVC NO BID $ 8,007 $ 12,708 NO BID NO BID $ 11,022 E - RUBBER NOT RESPONS $ 1,084 $ 1,545 $ 1,187 $ 2,606 $ 900 F - HYDRANTS NOT RESPONS NOT RESPONS NO BID NOT RESPONS $ 64,903 $ 72,727 G - STEEL $ 760 $ 417 $ 437 1 $ 413 1 $ 700 $ 887 H - CLAY NOT RESPONS $ 3,048 NO BID $ 3,148 NO BID 1 $ 2,196 (- MISCELLANEOUS NOT RESPONS $ 61,826 $ 61,129 $ 60,170 $ 75,164 TOTAL STORES INVENTORY $ 72,861 $ 71,208 SALES TAX TOTAL FOR 12 -MONTH ANTICIPATED STORES PURCHASES $ 183,611 PUBLIC WORKS ANTICIPATES SPECIAL ORDERS $ 250,000 $ 433,611 AGGRETATE CONTRACT TOTAL AT $450,000 WITH 5 VENDORS FERGUSON WATERWORKS SANTA ANA H.D. SUPPLY WATERWORKS SANTA ANA INLAND WATER WORKS SUPPLY SAN BERNARDINO S & J SUPPLY COMPANY SANTA FE SPRINGS WELLS SUPPLY CO. SANTA ANA Exhibit 1. 22D -3 65,215 $ 26,336 $ 170,405 t 11 ?nF $ 183,611 22D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: CONTRACT RENEWAL WITH SOLORIO INC. FOR PAINTING SERVICES (SPEC. NO.08 -022) !1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract to Solorio Inc. for painting services for a one -year period in an annual amount not to exceed $75,000. DISCUSSION The City requires painting services utilized by all departments for general maintenance, building modifications, graffiti control and renovation. The contract for painting services will provide fixed pricing for all the City's 50 buildings, including libraries, Parks & Recreation centers, City Hall, the Police Administration building and the Corporate Yard On July 7, 2008, the City Council awarded to Solorio, Inc. a contract for a two -year period, with provision for two one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. The annual amount of $75,000 is based on past usage and staff projection for this contract period. FISCAL IMPACT Funds are available in the various departmental Contract Services — Professional account (62300). Francisco Gutierrez Executive Director Finance and Management Services Agency km 22E -1 22E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE FIRST AMENDMENT TO AGREEMENT WITH PCC NETWORK SOLUTIONS FOR CABLING SERVICES CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with PCC Network Solutions to provide cabling services and related equipment for a one -year period in an amount not to exceed $45,000 per year. DISCUSSION In support of City operations, voice and data communications are provided to all City service sites. This requires an extensive wired cabling infrastructure. Cabling services are needed to support changes, additions and moves at and between the City sites. This cabling work ensures that all City offices and work locations continue to stay connected and can benefit from new information technology as it becomes available. The City employs outside qualified vendors to perform needed cabling services. The City has standardized its cabling infrastructure with Avaya Systimax. This was selected because of its durability and flexibility. When installed by a certified cabling vendor, the product has a 20 year warranty. Use of this reliable product has resulted in very low cable maintenance costs for the City. The cabling vendor /s who provide /s such services to the City of Santa Ana must meet strict manufacturer certifications. In September of 2009, the City Council approved a two -year agreement with PCC NETWORK SOLUTIONS, with provisions for two, one -year renewals, to provide cabling services and related equipment. This request is for the first one -year renewal to the agreement. 25A -1 First Amendment to Agreement for Cabling Services September 6, 2011 Page 2 FISCAL IMPACT Funds are budgeted and are available in the FY11 -12 Communication Services account for contractual services (account no. 10210140 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25A -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on September 6, 2011, by and between PCC Network Solutions, a Pacific Coast Cabling, Inc. company, ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2009 -148, dated September 8, 2009, (hereinafter "said Agreement ") by which Consultant has provided cabling services for voice and data communications. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional one -year period, and add compensation to pay for services provided during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $45,000.00 to pay for cabling services provided from September 1, 2011 through August 31, 2012. Said services shall be charged at the rates set forth in Exhibit A to said Agreement. 2. Section 3, TERM, shall be amended to extend the term for an additional one -year period through August 31, 2012. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA City Attorney PAUL M. WALTERS Interim City Manager PCC NETWORK SOLUTIONS A Pacific Coast Cabling, Inc. company (NAME) (Title) 25A -3 25A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: AGREEMENT AMENDMENT WITH VISTA DEL VERDE FOR LANDSCAPE MAINTENANCE SERVICES AT THE SANTA ANA ZOO AT PRENTICE PARK 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 Clerk of the Council to execute the attached agreement amendment with Vista Del Verde Landscape, Inc. to provide landscape maintenance services at the Santa Ana Zoo at Prentice Park in the amount of $135,316 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the landscape maintenance of all City parks and recreational facilities, including the Santa Ana Zoo at Prentice Park. The Santa Ana Zoo landscape has been contract maintained since September 2003, and for the past three - years, Vista Del Verde has provided this service. Vista Del Verde has performed well during this time and staff is pleased with their rate of progress in improving the Zoo grounds. The term of the agreement amendment is from October 1, 2011 through September 30, 2012 and the base agreement amount is $125,316. This amendment includes a $10,000 contingency for unanticipated and emergency work, for a total agreement amount not to exceed $135,316. FISCAL IMPACT Funds are available in the Park Maintenance M &R Buildings and Grounds account (no. 01113250 62320). Gerardo Mouet, Executive Direct r Parks, Recreati n and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 6� 25B -1 G I AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into this 6`" day of September, 2011, by and between Vista Del Verde Landscape Inc. dba Bevill Landscape Management ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement 4A- 2008 -260, dated September 2, 2008, as amended on September 21, 2009 by Agreement # A- 2009 -164 and again on September 20, 2010 by Agreement #A- 2010 -184 (hereinafter "said Agreement ") by which Contractor has provided landscape maintenance for the Santa Ana Zoo at Prentice Park, pursuant to specific terms and conditions. B. The parties now wish to amend said Agreement to further extend the term for an additional one -year period and provide the compensation to pay for the services to be performed during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION shall be amended to add $135,316 to pay for services during the extended term. Said Section shall read in full as follows: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services during the Extended Term, the rates and charges identified in Exhibit A to said Agreement. The total charged for monthly routine maintenance during the Extended Term shall be $10,443.00, payable monthly. An additional $10,000.00 contingency shall available for unanticipated expenses during the Extended Term. Said services may be authorized in writing executed by the Executive Director of Parks, Recreation and Community Services or designated representative. The scope of services shall include maintenance of the Tierra Del Pampas exhibit. The total sum to be expended under this Third Amendment to Agreement shall not exceed $135,316 during the Extended Term." 2. Section 3, TERM, shall be extended for an additional one -year period, terminating at midnight on September 30, 2012, unless terminated earlier in accordance with Section 12 of the Agreement (herein referred to as the "Extended Term "). 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney C Laura Sheedy Assistant City Attorney N 25B -4 CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager VISTA DEL VERDE ROBERT S. JOHNSON President Tax ID No. 84- 1672361 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: AGREEMENT FOR LEASE AND JOINT USE OF THE NEAL MACHANDER TENNIS CENTER WITH SANTA ANA UNIFIED SCHOOL DISTRICT r CITY MANFAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Lease and Joint Use agreement with the Santa Ana Unified School District for the Neal Machander Tennis Center located at First and Flower Streets for a 10 -year term, subject to non - substantive changes approved by the City Manager and City Attorney. SANTA ANA UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION RECOMMENDATION On October 14, 2008 the Board unanimously approved the lease agreement by a vote of 5:0. DISCUSSION In 1971, the Parks, Recreation and Community Services Agency and the Santa Ana Unified School District entered into a 25 -year lease agreement for the site located at First and Flower Streets, known as the Neal Machander Tennis Center, in exchange for a similar lease agreement at Angel Park (formerly McKinley School). The City property, which abuts Santa Ana High School, sits on top of the Walnut Street Reservoir that is owned and operated by the City of Santa Ana. The original agreement granted the School District authority to construct 11 tennis courts at the site, free of charge, for the recreational use and enjoyment of the high school and the City paid for the cost to install lighting on four courts. The School District granted the City free use of the tennis court facilities after - school and on weekends. As a continuation of the existing lease agreement, the City and the School District are proposing an additional 10 -year term with two 10 -year options for renewal. No money exchange is required as the consideration provided is the enjoyment and usage of the property for Santa Ana residents. 25C -1 Agreement with SAUSD September 6, 2011 Page 2 In addition, the School District will hold the City harmless from all liability or claims that may arise at the property during the term of the agreement. On November 2008 the request to renew the lease agreement at Angel Park was approved, but the Neal Machander Tennis Center lease agreement was continued by the City Council and the facility is being used by the District on a month to month basis. The Orange County High School of the Arts ( OCHSA) expressed an interest in using the tennis facility. The District drafted a Memorandum of Understanding to allow OCHSA students to schedule use of four tennis courts (M -F from 8am to 1:30pm). The lease agreement has been revised into a Lease /Joint Use Agreement and includes the OCSHA Memorandum of Understanding as an exhibit to the agreement. FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency 25C -2 DO NOT RECORD LEASE AND JOINT USE AGREEMENT [ "Neal Machander Tennis Center "] BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA UNIFIED SCHOOL DISTRICT This Lease and Joint Use Agreement ( "Agreement ") is made and entered into this _ day of , 2011, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and existing under the constitution and laws of the State of California, herein referred to as "Landlord" or "City" and the Santa Ana Unified School District herein referred to as "Tenant" or "District." RECITALS A. On October 4, 1971, the City and District entered into long term lease agreement for the use of the property formerly known as the "Waterworks Park Site," and now commonly known as the "Neal Machander Tennis Center," for use as a Tennis Court facility. A graphical description of said property is attached hereto as Exhibit 1. B. On the same date, October 4, 1971, the City and District entered into long term lease agreement for the use of the property formerly known as "McKinley Elementary School" and now commonly known as "Angel Park." Page 1 of 7 C. Both the Angel Park and Neal Machander Tennis Center leases were drafted and intended to be mutually dependent on each other. D. Prior to this Agreement, the City and District cooperated in the construction, maintenance, operation and use of the Tennis Court facility at the Neal Machander Tennis Center. E. Education Code §§ 10900, et seq. and Education Code §10905, specifically, authorizes the District to cooperate with the City to carry out its purposes in promoting and preserving the health and general welfare of the people of the state and to cultivate the development of good citizenship by providing for adequate programs of community recreation for children and adults. These Education Code sections authorize the District to enter into agreements and to do any and all things necessary or convenient to aid and cooperate in carrying out that purpose. F. Pursuant to its Charter, the City is authorized to convey and lease real property and to enter into cooperative agreements that further the interests of the City. G. This Agreement is intended to continue the lease in place between the City and District in order for the District to be able to maintain the use of the Neal Machander Tennis Center as a Tennis Facility for use by Students, including 25C -3 8/26/2011 1 eWrOMFIM91 :_I F. "City Time" shall mean those days and hours, outside of Regular School Hours, when the City shall have the right to schedule use of the Joint Use Facilities. 3. Term. The term of this Agreement shall be for a period of ten (10) years with an option to extend the term of the lease upon providing written notice within six (6) months of expiration of lease. Tenant shall have the right to exercise its option to renew the lease for two (2) additional ten (10) year terms. Upon expiration of the lease period, the lease will become a month -to -month lease. 4. Consideration. No money exchange is required. The Consideration for this lease is execution of the lease entered into this same date between these same parties for use of the City's property known as Angel Park. Said leases are contingent on the other lease being in effect. If either lease is terminated, for any reason, both leases shall be deemed terminated. 5. District Priority. District shall have the right, without prior consent of the City, to schedule use of the Joint Use Facilities during Regular School Hours for both the regular school year and any summer school. In the event that the District desires to use or schedule use of the Joint Use Facilities outside of Regular School Hours, it agrees that it will reserve the Joint Use Facilities ahead of schedule. 6. City Priority. City shall have the right at its discretion to schedule activities at the Joint Use Facilities, without prior consent of the District, provided (1) that the times are not in conflict with District Time or (2) activities previously approved by the Technical Advisory Committee. City regulations shall be in effect for purposes of any public usage of the tennis facilities. 7. Scheduling Conflicts. In the event that a scheduling conflict arises and the District . requires use of the facilities during City Time, the District agrees that it will provide a reasonable relocation site for use by the City. 8. Supervision. The District will be responsible for managing the Joint Use Facilities during Regular School Hours and other District Times. Likewise, the City will be responsible for managing the Joint Use Facilities during City Time. The City shall provide a level of supervision and security commensurate with that provided at City -owned facilities at all times while using the Joint Use Facilities. 9. Conflict Resolution. In the event of any conflict with respect to the scheduling of the Joint Use Facilities, or any other implementing provisions in this Agreement, the Technical Advisory Committee shall be consulted to resolve the dispute. 10. Non Recording. Neither party shall record this Agreement. 11. Authority to Seek Grant Funding. The parties agree that Tenant shall have the right to seek grant funding for future projects and rely on its use and lease of the Neal Machander Tennis Center property as a basis for applying for grant funding. Page 3 of 7 25C -4 8/26/201.1 DO NOT RECORD 12. Maintenance and Repair. During Regular School Hours for both the regular school year and any summer school, the Tenant shall, at its sole cost and expense, maintain and repair the Premises including, but not limited to, the removal of all trash, debris, graffiti, as well as janitorial services and any necessary special intensive cleaning. If Tenant causes any damage to the Premises, to the Premises or to access roadways or other nearby facilities, it shall properly repair same as specified by Landlord. All court, landscape, irrigation and structural repairs are the responsibility of the District. The District further agrees that it will perform all deferred maintenance, including, but not limited to, resurfacing of the Tennis Courts. 13. Utilities. (a) Landlord shall pay for all electricity and water services furnished to the Premises for the use, operation and maintenance of Tenant's premises during the Term of this Agreement, or any extension thereof, and for the removal of trash from the Premises during the Term of this Agreement, or any extension thereof. (b) Tenant shall have the right to improve the present electrical and telecommunication cabling and outlets and any other such infrastructure that would reasonably be associated with Tenant's intended use of the Premises, all at Tenant's sole cost and expense. 14. Indemnity. (a) District shall defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with District's performance of this Agreement or District's failure to comply with any of District's obligations contained in the Agreement caused by District, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, District shall notify City of such fact and shall represent City in such legal action unless City undertakes to represent itself as codefendant in such legal action, in which case City shall bear its own litigation costs, expenses and attorney's fees. (b) City shall defend, indemnify and save and hold harmless District, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with City's performance of this Agreement or City's failure to comply with any of City's obligations contained in the Agreement caused by City, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of District. In the event District is named as codefendant, City shall notify District of such fact and shall represent District in such legal action unless District undertakes to represent itself as codefendant in such legal action, in which event District shall bear its own litigation costs, expenses and attorney's fees. 15. Insurance. Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general Page 4 of 7 25C -5 8/26/2011 liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. 16. Assignment. District shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this lease or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of District and OCHSA excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of the City. 17. Construction, Removal and Modification of the Leased Premises. The District shall first seek written authorization from City to modify, demolish or otherwise alter the improvements on the Leased Premises, or to add any new structures or improvements to the Leased Premises. 18. Termination. In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in Tenant's judgment, Tenant shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Premises by giving written notice to Landlord within thirty (30) days after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, Tenant determines that the Premises is no longer adequate for Tenant to continue its operations, or any repairs to the Premises have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. This Agreement will become null and void. In the event of condemnation, unless Tenant is allowed by the condemning authority to continue its operations in the Premises, this Agreement shall terminate as of the date title to the Premises vests in the condemning authority or Tenant is required to cease its operations, 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. 19. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council Page 5 of 7 25C -6 8/26/2011 M rCZi�►c�Ti ii;�T��7:�i7 City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: Assistant Superintendent of Budget, Facilities and Personnel 20. Incorporation of Recitals and Exhibits. All of the recitals and exhibits set forth in or attached to this Lease are by this reference incorporated in and made a part of this Lease. 21. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Lease and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any amendments hereto. 22. Governing Law. This Lease shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. 23. Entire Agreement. This Lease contains the entire understanding of the parties and supersedes any and all other written or oral understanding. No alteration of or amendment to this Lease shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 24. Captions. Any captions or headings to the Sections and subsections in this Lease are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of validity of this Lease or any provision hereof. 25. Severability. If any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 26. Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Lease including the providing of estoppel certificates. 27. No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this Lease must be in writing and Page 6 of 7 25C -7 812612011 shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Lease. Any failure or delay on the part of either party in exercising any power, right or privilege under this Lease shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 28. Rights and Remedies. No right or remedy conferred by any of the specific provisions of this Lease is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies. 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. The "District" Santa Ana Unified School District, a political subdivision of the State of California 0 Superintendent M The "City" City of Santa Ana A Charter City By: Paul M. Walters Interim City Manager President of the Board Attest: Attest:. By: By: Clerk of the Board Maria D. Huizar Clerk of the Council Page 7 of 7 Approved as to Form Joseph Straka Interim City Attorney By: — os� Sandoval liief Assistant City Attorney 25C -8 8/26/2011 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT TO PROVIDE INSTRUCTIONAL SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Rancho Santiago Community College District in the amount of $88,463 to provide instructional services to eligible youth participating in the Seeds to Trees Digital Media Academy, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 20, 2011 the City Council awarded $150,000 in Workforce Investment Act (WIA) funds to the Santa Ana Public Library to operate a Youth Training Program. The Library will utilize the funds to create the "Seeds to Trees Digital Media Technology Academy" program. The Library currently operates the Seeds to Trees Academy, which utilizes the library's Circle of Mentoring model and funds from the IMLS Laura Bush 21St Century Librarian grant to provide training and employment for youth who are interested in entering the library profession. The Digital Media Technology component of the Seeds to Trees program, developed in partnership with the Rancho Santiago Community College District's ( RSCCD) Corporate Training Institute (CTI) and Digital Media Center (DMC), is a comprehensive, post secondary program comprised of paid training and work experience in the field of digital media technology. Twenty students, ranging in age from 16 -21, will receive approximately six months of hands -on training from the RSCCD's DMC and CTI to develop necessary experience in the digital media field. After completion of the first phase of the program, they will begin five months of on- the -job paid work experience in the Library's web design and CTV -3 video production units. RSCCD will provide skilled instructors and administrative management, curriculum development, as well as the equipment, textbooks and materials required to support the curriculum for a total amount of $88,463. The WIA funds will provide $72,450 with the balance of the contract costs funded through the City's Public Library Fund account. This agreement term will be September 1, 2011 through June 30, 2012. 25D -1 Agreement — RSCCD September 6, 2011 Page 2 FISCAL IMPACT Funds for this agreement are available in the WIB Youth Council account (no. 12318750 - 69135) and the Public Library Fund account (no. 1521115062300). Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency �'-Ka,n -e-t-q &(,Z)aZd-0 Nancy T. E ards Interim Exe tive Director Community Development Agency GM /NTE /RC /mlr Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: A� Francisco Gutierrez Executive Director Finance & Management Services Agency C;lv' 25D -2 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, dated this day of September, 2011, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and Rancho Santiago Community College District ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market. CONTRACTOR shall proved work experience internships for twenty youth, ages 16 -21, in the field of digital media technology ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. F. Contractor must comply with applicable Federal, State and local legislation, rules and regulations and Contractor must meet enrollment and program goals. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "Exhibit B ", attached hereto and by this reference incorporated herein. 25D -3 Page 1 of 15 CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. 25D-4 Page 2 of 15 CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on CITY's InvoiceNoucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the City of Santa Ana, Santa Ana Library, 26 Civic Center Plaza, M -75, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. 25D -5 Page 3 of 15 M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133, if applicable. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required by the regulations implementing Executive Order 25D -6 Page 4 of 15 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $72,450 of WIA funds for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. The total amount of the Agreement with CONTRACTOR for the Program shall not exceed $88,463. The CITY'S Public Library Fund account shall fund the gap amount of $16,013, as further reflected in the Budget. C. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. D. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. E. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence as of July 1st 2011, and all duties arising under this Agreement shall have been performed by June 30, 2012. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by 25D -7 Page 5 of 15 Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to the Summer Youth Program, the only measure is "Work Readiness ". Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 25D -8 Page 6 of 15 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program 25D -9 Page 7 of 15 developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be 25D -10 Page 8of15 utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employ. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR, elected official in the area, or voting or non - voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. 25D -11 Page 9 of 15 VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. C. Both parties to this Agreement shall agree to defend, indemnify, and hold harmless the other party, its officers, agents, employees, and volunteers, from and against all loss, cost, and expense arising out of any liability or claim of liability, sustained or claimed to have been sustained, arising out of activities, or the performance or nonperformance of obligations under this Agreement, of the indemnifying party, or those of any of its officers, agents, employees, or volunteers. The provisions of this Article do not apply to any damage or losses caused solely by the negligence of the non - indemnifying party or any of its agents or employees. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (in substantially the form as Exhibit I, Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self - insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this 25D-1 2 Page 10 of 15 Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 25D -13 Page 11 of 15 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 25D-1 4 Page 12 of 15 B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: 25D -15 Page 13 of 15 and, CITY: City of Santa Ana Executive Director of Parks, Recreation & Community Services 26 Civic Center Plaza (M -75) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: Rancho Santiago Community College District Corporate Training Institute 2323 N. Broadway, Suite 328 Santa Ana, CA 92706 -1640 ATTN: Ruth Cossio -Muniz XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25D -16 Page 14 of 15 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: Joseph Straka Interim City Attorney Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet, Exec. Director Parks, Recreation & Community Services CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" Paul Walters Interim City Manager "CONTRACTOR" BY: Peter J. Hardash Vice Chancellor of Business Operations Fiscal Service 25D -17 Page 15 of 15 EXHIBIT A — Specification of Services to Be Provided by Rancho Santiago Community College District Under the Workforce Investment Grant awarded to Santa Ana Public Library, the Library and Rancho Santiago Community College District and its Digital Media Center and Corporate Training Institute will partner to provide digital media training and work experience for 20 at -risk youth. RSCCD will provide the technical training component, while the Library will provide work experience and required social and educational support. The District will procure, manage and compensate experienced teachers to provide the youth with the technical education mandated by the grant. This will commence with general introductory classes for each of the participants in Graphic Design, Website Design, Scriptwriting, Video Production, Digital Music Production and Marketing. The youth will then receive 16 hours of more intensive, hands -on instruction in Graphic Design, Website Design, Scriptwriting, and Video production. The students will then be given an opportunity to choose to specialize in Website Design, Video Production, or Digital Music Production, and will receive four months of advanced training in their chosen specialty. All will participate in a two month course in marketing to insure that they understand how to present themselves and their product to prospective clients /employers. The District will also provide the curriculum development required to provide effective training in an accelerated environment, as well as training materials and textbooks to support curricula in six very different subjects. Their in -kind match for WIA funds will provide another $38,363 toward the education of participants. W I'm Feee 2 g = \ JrD / o * Q \ Em § < 5 / m 2 < R $$ Q. � �\ \/ LU • R \ / W m m � E 4 § m ] / % k \ § / \ M / # j A CL m = 2 tee_» m m n n m = > 2 /00 mC) r+ 2\k/� / \ r 03 m / 7 ] \krD k an $ \ k 3 G Ln / > 2 ■ ] fu k cr c ■ o I cr C q M. 0 (D / � m r+ v S �» m q m § 7 b � � k � � w e ExhigsD _l 9 \ \ ] § n to 0 CD :3 3 5 Ln a w v a . m yr CD (D 0 0 0 0 o e o o e o �tlo a� ° oar H o °�c°�o� ' C. rnG o0 o �� �,3 f'p tia S. w N, 14 p� Ol OQ G o p ° r oil O O Q K R a CD P 11 a o q9 `�° g � o o n as fi' < aQ go `�t�•� � o o 0 ^ o cis o 6 CO) tla C Q• ci H n N y + ° N N p, � O 3 3 P d n rt N z O O A z N =, N[D ar-' rW Fn 1\+ OV > > 1� H rn w rn w !;� rn 2 ° N N v m Exhibit C COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 2501-21 Table of Contents I. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights 3. Nondiscrimination laws under WIA 0 0 4. How to File Your Complaint 5 B. Criminal Complaints A II. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level g IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Handicap Complaints by Participants, 17 GLOSSARY OF WIA TERMS 20 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. 3 M ITh Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70. The Rehabilitation Act of 1973 1W-24 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA Xf;1113 IT— 6 level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private- for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. XWIT 5D& A "participant ", within the meaning of these procedures, is an individual who receives employment- training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; -",* ire." d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 Y6 b T:J9 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi - judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. so IT 1W-3b 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he /she so desires. Other he /she is limited to his /her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing ss I6IT3�1 An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three - year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private- for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. 12 6I IT Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The flffi� 5 hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. 14 IT C �W-34 D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 A&A PROCEDURES FOR HANDLING NON - CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LW/As o Informal Resolution Process o o o Unsatisfactory Decision or LWIA Decision not issued within 60 days o w 0 0 n � o Request for State Review w 0 0 Q Governor's Decision issued by State Review Panel o If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT C 2501-36 rn 0 0 a 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. 17 Ad!* 2. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. kui�§ PROCEDURES FOR HANDLING HANDICAP COMPLAINTS No later than 180 days of alleged discrimination Filed within 30 days of LWIA /State Decision or 90 days from date of initial filing of complaints If no resolution reached Unsatisfactory Decision or No Decision o Appeal to Assistant Secretary Department of Labor 19 �T39 Day 1 Day 145 Day 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT, GRIEVANT, OR AGGRIEVED PERSON — The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC 20 XJ-AB X40 unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post- termination services) funded under the Act, following intake, except for an individual who receives only outreach and /or intake and assessment services. 21 F 9 b_4f, CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated 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 agency, 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. 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 occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Grantee /Contractor Organization Signature Name of Certifying Official Signature EXHIBIT D 25D -42 Program Title Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition, (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. EXHIBIT E 2501-43 Pg. 2 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Dated: Program Operator EXHIBIT E 25D -44 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Name of Contractor: Contractor Number: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): U46 Certification Reeardine Debarment, Suspension. Inelieibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160 - 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Grantee /Contractor Organization Name and Title of Official Authorized to Certify On Behalf of the Grantee Date EXHIBIT F b INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and /or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction ", "debarment ", "suspended ", "ineligible ", "lower tier covered transaction ", "participant ", "person ", "primary covered transaction ", "principle ", "proposal ", and "voluntarily excluded ", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and /or debarment. EXHIBIT F 25D -47 Exhibit G VOCATIONAL TRAINING IN DIGITAL TECHNOLOGY (INSTRUCTION) = $88,463.00 (Partner Service Provider: Rancho Santiago Community College District Corporate Training Institute) COST CATEGORY DESCRIPTION AMOUNT A . TRAINING Introductory Courses First Six weeks Graphics Design One week, 4 hours Website Design One week, 4 hours Scriptwriting One week, 4 hours Video Production One week, 4 hours Digital Music Production One week, 4 hours Marketing One week, 4 hours 6 subjects @ 24 hrs total $1,080 Subject Specific Courses Four months Graphics Design One month, 16 hours of instruction Website Design One month, 16 hours of instruction Scriptwriting One month, 16 hours of instruction Video Production One month, 16 hours of instruction 4 subjects A 64 hrs. total $2,880 Concentration Courses Four months Website Design 2 months, 32 hours of additional instruction Video Production 2 months, 32 hours of additional instruction 2 subjects g, 64 hours total $2,880 Digital Music Production Specialization Four months Digital Music 4 months, 64 hours total of instruction $2,880 Marketing Specialization Two months Marketing Two months, 32 hours total of instruction $1,440 Training Handouts Textbooks and materials For up to 20 students, six courses $23,950 SUB -TOTAL $35,110 �7 Personnel I Project Coordination I $53,353 Cash Match from RSCCD = $38,363 .� ASSURANCES A. The EMPLOYER assures that: I. It will comply with the requirements of the Workforce Investment Act (WIA), the California Unemployment Insurance Code, as amended, and the regulations and policies promulgated thereunder. 2. No OJT participant displaces a regular employee nor shall an OJT participant fill a position of a person who has been laid off from the same or similar position. 3. No current employees are receiving unemployment insurance benefits as a result of layoffs or work reductions. 4. No person in the United States shall on the grounds of race, color, sex, religion, national origin, age, disability, sexual orientation, or marital status be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measure necessary to effectuate this Agreement. 5. It will comply with provisions of the Hatch Act, if applicable, which limits the political activities of employees. 6. Individuals receiving training on the job shall be compensated by the EMPLOYER at such rate, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary of Labor, but in no event at a rate less than that specified in Section 6 (a) (1) of the Fair Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage law. 7. Services and activities provided under this Agreement will be administered by or under the supervision of the EMPLOYER. 8. No relative by blood, adoption or marriage' of the EMPLOYER may be trained under this Agreement. 9. Appropriate standards for health and safety in work and training situations will be maintained. 10. Conditions of employment or training are appropriate and reasonable with regard to the type of work, the geographical region, and the proficiency of the trainee. 11. Training will not be for any occupation which requires less than six weeks of training according to the Specific Vocational Preparation Table (SVP Code). 12. Training will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment possibilities. 13. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants. 14. Training will be in accordance with the training plan, which plan incorporates documentation that must be completed by EMPLOYER before end of contract. 15. *Dot and * *SVP code books will be used to determine length of OJT period. The training time EXHIBIT H 25D -50 16. 17. 18. 19. may not be longer than the SVP Code allows; however, contractors are encouraged to negotiate shorter training periods whenever applicable. OJT trainees shall not number more than 40% of the EMPLOYERS work force. All EMPLOYER training payments (reimbursements) must be exclusive of any and all EMPLOYER fringe benefits, paid holidays, paid sick days and overtime compensation. The participating EMPLOYER must keep an accurate and up -to -date time sheet for the OJT trainee. Payroll records, time and attendance records and job duties retained on file by the participating EMPLOYER for each OJT trainee are subject to review. Service Provider Signature Print First Name Organization Name EXHIBIT H 25D -51 Date Print Last Name Organization Address ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by EXHIBIT I 2501-52 Authorized Representative REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: AGREEMENT FOR ENERGY AND SUSTAINABILITY CONSULTING SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Mariann Long and Associates subject to nonsubstantive changes approved by the City Manager and City Attorney for energy and sustainability consulting services in an amount not to exceed $255,000, and authorize the City Manager to execute amendment(s) to said agreement to increase the Scope of Services and the maximum not to exceed amount to $322,800 if the grant period is extended and funds are available. DISCUSSION The California Public Utilities Commission (CPUC) recently made Local Government Strategic Plan funding available to those cities with an existing Energy Efficiency Partnership with Southern California Edison (SCE). The grant is to advance the goals found in the CPUC's Long -Term Energy Efficiency Strategic Plan. The City was awarded $729,928 for the completion of various tasks. The first task is to contract with an energy consultant to coordinate the various activities identified in the grant, centered in energy efficiency. The consultant will serve as an internal resource for energy efficiency and climate protection program implementation, research funding opportunities, facilitate multistakeholder dialogue, and provide all data and reporting required by the grant. The consultant will also oversee a separate technical consultant that will develop a governmental and community baseline study of greenhouse gas emissions, emissions reduction target, and climate action plan. Finally, the consultant will survey and coordinate local training for California Green Building Codes and Leadership in Energy and Environmental Design (LEED) accreditation for governmental stakeholders. At the October 18, 2010 Council meeting, staff received authorization to issue a Request for Proposals. However, the agreement for funding with SCE was not finalized and approved by Council until June 20, 2011. 25E -1 Agreement for Energy and Sustainability Consulting Services September 6, 2011 Page 2 The RFPs were issued on June 29, 2011. Below is a summary of the proposals solicited, and those received: 21 Request for Proposals mailed 0 Request for Proposals mailed to Santa Ana vendors 4 Proposals received 0 Proposals received from Santa Ana vendors The ratings and proposed costs for the four proposals received are as follows: NAME OF RESPONSIVE BIDDER RATING COST Mariann Long and Associates 85 $255,000 Krout & Associates 85 $320,545 Zinner Consultants 83 $258,000 First Carbon Solutions 76 $243,000 The proposals and subsequent interviews were conducted by a team from the Public Works, Finance and Management Services, and Planning and Building Agencies. The consultants were evaluated according to their experience, past performance, responsiveness and cost. Mariann Long and Associates received one of the two highest average scores of 85 and staff recommends that Mariann Long and Associates be retained for these services. The agreement term coincides with the current SCE grant period which extends through November 30, 2012 at a not -to- exceed cost of $255,000. However, it is anticipated that SCE will extend the grant period for an additional year. Should that occur, this agreement will be extended to coincide with the revised grant ending date at a not -to- exceed cost of $322,800. FISCAL IMPACT The Public Utilities Commission has approved a not -to- exceed allocation of $322,800 for these strategic plan strategies. This money will remain with SCE and costs will be reimbursed to the City by SCE. Funds will be expended from the Public Works Administration activity for Contract Services - Professional accounts (accounting unit 10117601 - 62300). aul Godinez II Executive Director Public Works Agency RG /CK Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 6th day of September, 2011 by and between Mariann Long and Associates, a sole proprietor (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of energy efficiency, sustainability and greenhouse gas emission reduction. 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 she is knowledgeable in her 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 provide energy efficiency and sustainability consulting services including, but not limited to, 1) coordinate the services of technical consultants to develop a baseline green house gas inventory and climate action plan; 2) coordinate California Green Building and LEED Certification training for staff and committee /commission members; and 3) coordinate and lead the implementation of tasks, including all reporting requirements arising from the SCE California Energy Efficiency Strategic Plan Implementation Contract between City and Southern California Edison; as set forth in Exhibit A, attached hereto and incorporated by reference. Upon award of this Agreement, Consultant shall prepare a timeline setting forth the tasks required pursuant to this Agreement, the deliverables associated with each subtask, and the compensation for the completion of each subtask and the associated deliverable. City may revise said timeline and deliverable schedule. However, when the parties have agreed to the final document, any subsequent changes may be made only upon the mutual agreement of the parties. Said timeline and deliverables shall be attached to this Agreement as Exhibit A -1 and incorporated by reference. 2. CONTRACT EXCEPTIONS The City has been approved for grant funds of $322,800 to complete the services outlined herein. However, funding for this project is subject to the California Public Utilities Commission's Long -Term Energy Efficiency Strategic Plan funding which currently expires November 30, 2012. During the initial term, from time of execution of this Agreement through November 30, 2012, Consultant will oversee 1) the coordination and implementation of the Baseline Green House Gas Inventory; 2) the preparation and development of a Climate Action Plan; and 3) the Green Building and LEED training during the term of this Agreement. If the Exhibit 1 25E -3 funding deadline is extended, Consultant shall utilize the entire grant amount of $322,800, to complete all services required to prepare and begin implementation of the Climate Action Plan, as set forth in Exhibit B. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, Fee Proposal. The total sum to be expended under this Agreement shall not exceed $255,000 during the initial term of this Agreement. If Long - Term Energy Efficiency Strategic Plan funding is extended, Consultant agrees to accept the not to exceed maximums set forth in Exhibit B, for the completion of the Climate Action Plan. In such case, the total amount for all services provided pursuant to this Agreement shall not exceed $322,800. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. WORK PRODUCT Consultant represents and warrants the Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 5. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2012, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney. 6. INDEPENDENT CONTRACTOR 2 25E -4 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. 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. Due to the nature of services provided, Commercial General Liability Insurance will not be required. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is a professional, such as architect or engineer, professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25E -5 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 9. 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. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 4 25E -6 With courtesy copies to: and Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5069 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Mariann Long and Associates P.O. Box 15381 Irvine, California 92623 -5381 telefacsimile (949) 559 -8500 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, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 25E -7 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not 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. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 0 25E -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney APPROVED AS TO CONTENT: RAUL GODINEZ, II Executive Director of the Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager MARIANN LONG & ASSOCIATES "� i/: Z1 \� ►W61me7 Director Tax ID# 25E -9 7 EXHIBIT A SCOPE OF SERVICES ENERGY AND SUSTAINABILITY CONSULTANT The City of Santa Ana has implemented a number of programs aimed at reducing the City's carbon footprint, including retrofitting its municipal facilities, purchasing alternative energy vehicles, offering incentives for the installation of solar energy, and entering into an Energy Efficiency Partnership with Southern California Edison. Notwithstanding the progress made on these initiatives, a comprehensive, coordinated strategy is needed to meet legislative mandates and to position the City to move forward in its climate protection efforts. The City has received funding from Southern California Edison (SCE) to conduct strategic planning activities centered on energy efficiency and addressing the strategies that are related to local government goals found in the California Public Utilities Commission's Long -Term Energy Efficiency Strategic Plan. The City does not have the resources internally to coordinate development of a comprehensive plan. Thus the City is interested in utilizing the services of a consultant, funded by the SCE grant, to: • Serve as an internal resource for energy efficiency and climate protection program implementation; research funding opportunities for program implementation; interface with a number of individuals on the city's team to develop programs; facilitate multi - stakeholder dialogue. • Oversee a separate third -party consultant's development of a governmental and community baseline study of green house gas emissions, emissions reduction target, and Climate Action Plan. • Survey and coordinate local training for California Green Building Codes and LEED accreditation for governmental stakeholders. • Provide all reporting and data required by the Grant. ESSENTIAL CHARACTERISTICS AND REQUIRED EXPERTISE Provision of consulting services required under this scope of work will require a high level of expertise. Key outcomes or tasks are included in the scope of work. The City will only consider an experienced, highly qualified consultant. If your response to this recruitment is through a team effort, it is critical that your proposal address how the various members of your team will be united in effort. The work performed by the selected consultant will be coordinated with and subject to the requirements of the City's energy partnership. Extensive experience in the areas of climate protection programs (energy conservation, social equity, environmental and economic) and policies are required. Specifically, the consultant must have experience developing, implementing, and evaluating environmental and energy efficiency programs in local government. 25E -10 The selected consultant(s) needs to communicate effectively - orally and in writing - with City Council members, City staff, attorneys, developers, property owners, business owners, consultants, engineers, contractors, accountants, appraisers, planners, the general public, and other city, state, county or federal personnel to share information, provide direction, and influence outcomes. Knowledge of the following programs are required: energy conservation practices and environmental regulations related to energy management; renewable energy sources, green construction methods; long -range strategic planning; project management; energy plan design and development; various energy - related codes; regulations and laws; utility and energy programs sponsored by federal, state and regional agencies and departments; related education and training programs. The selected consultant will be skilled in the development of plan designs and specifications related to environmental and energy- management programs and services, overseeing a variety of studies and interpreting data derived from same, constructing plans and programs from concept to implementation and establishing reporting systems for tracking accomplishments. SCOPE OF WORK I. Serve as an internal resource for energy efficiency and climate protection program implementation The consultant will be the energy efficiency expert resource and interface with a variety of individuals within the City team. Consultant will assist in facilitating multi - stakeholder dialogue and will assist in prioritizing implementation of CAP measures. Consultant will research various funding opportunities to ensure the implementation feasibility of the recommended measures within the CAP and will guide staff in program implementation. Consultant will assist with coordination of energy efficiency programs. II.A Oversee preparation and implementation of Baseline Green House Gas Inventory (to be separately contracted) The baseline GHG inventory will provide comprehensive and accurate data about the community's existing carbon footprint, emission sources, and emissions forecast. The information will assist the City of Santa Ana in identifying which actions will be most effective for reducing emissions and establish goals for the City's Climate Action Plan. During this task, a baseline inventory will be developed for (l) emissions associated with local government operations, and (2) emissions associated with all activities taking place within the community. o Municipal Operations GHG Inventory Emissions from municipal operations include carbon dioxide (CO2) and other GHG emissions attributed to fuel use in City -owned vehicle fleets (including police cars and maintenance vehicles), electricity use, and solid waste management. Emissions associated with Santa Ana streetlights, traffic signals, and water distribution systems will also appear on the municipal GHG inventory. The municipal inventory will be developed in accordance with the most recent version of the Local Government Protocol as established by the California Air Resources Board. o Community -wide GHG Inventory 25E -11 All GHG emissions occurring within City boundaries will be included in the communitywide inventory. The community -wide inventory will be developed in accordance with industry accepted protocols and best - practices. The baseline study will be performed over a series of months: during the 4`" quarter 2011 and the 1 St quarter 2012. Deliverables will include a Greenhouse Gas Emissions Inventory Report, source files and backup data. II.B Oversee preparation and implementation of Municipal Climate Action Plan (to be separately contracted) A Climate Action Plan which provides a comprehensive and integrated strategy of energy efficiency and climate protection will be developed specifically for the City of Santa Ana. The process will include developing an implementation framework for adoption of a citywide Climate Action Plan which includes multi - stakeholder involvement and public input. Analysis and Recommendations for an Emissions Reduction Target The analysis will present emissions reduction target recommendations for municipal operations and the community as a whole. The target recommendations will be based on California's AB 32, the Kyoto Protocol, and the Western Climate Initiative. The proposed emissions target will also be in alignment with regional goals for reducing transportation - related emissions, as required by SB 375. 2. Emissions Reduction Measures Evaluation An analysis that quantifies the impact of various proposed reduction measures will be conducted to help identify which measures are most suitable for the City of Santa Ana. This task also requires gaining familiarity with the City of Santa Ana's municipal operations, ordinances, land use policy, general plan, specific plans, and existing environmental programs to determine additional opportunities for emission reduction strategies. Measures considered will include reduction strategies for both internal government operations and community activities. Evaluation criteria will include, but not be limited to, estimated emissions reductions, cost, implementation time, and ease of implementation (relative to other actions). Implementation and Monitoring Framework Based on quantitative and qualitative results of the analysis and evaluation, the consultant shall assist the City of Santa Ana in prioritizing measures and developing an implementation timeline that will allow the City to meet its long -term emissions targets and work within the City's budget limitations. Methodology to track, monitor, and measure progress will also be developed. The Climate Action Plan will be developed and customized for the City of Santa Ana: during the 2"d quarter 2012 through the third quarter 2012. A finalized Climate Action Plan document is deliverable at the end of the contract term. III. Coordinate California Green Building Code and LEED Certification Training The City of Santa Ana seeks to provide a higher level of internal expertise and to increase the level of energy efficient design and expertise in the building industry. The consultant will survey training available in the marketplace and be responsible for coordinating California Green 10 25E -12 Building Code and LEED certification training to city staff, legislative and advisory bodies, and other governmental stakeholders. LEED training and accreditation exams will be coordinated through established providers for up to 100 individuals and California Green Building Code training will be coordinated for up to 50 individuals. California Green Building Code and LEED training and accreditation coordination services will be delivered continuously from 4t" quarter 2011 through 3rd quarter 2012. Provide all reporting and data required by the Grant. Monthly, quarterly and annual reporting to SCE and for the CPUC will include invoicing, program tracking, financial information, and supporting documentation. A narrative update will include a discussion on administrative, marketing and direct implementation activities, an assessment of program performance, and any program changes. Requirements for these reports may change per the direction of SCE, the CPUC or the CPUC's Energy Division. 11 25E -13 EXHIBIT B FEE SCHEDULE ENERGY AND SUSTAINABILITY CONSULTING RATES CONSULTANT HOURLY RATES * Principal in Charge $155.00 Analyst $ 60.00 II. TASKS — PHASE I Task 2A: Oversee preparation and implementation of a Municipal Operations and Community - wide baseline Green House Gas Inventory to be developed by a separately contracted technical consultant. Deliverables will include: • Report on Status of contractor to perform the task. • Coordinate assessment and planning report for conducting the baseline Green House Gas Inventory including the energy savings analysis for the baseline GHG Inventory. • Coordinate and disseminate draft report on the results of the GHG Inventory including the energy savings analysis of the baseline GHG. • Coordinate and disseminate final report on the results of the GHG Inventory including the energy savings analysis of the baseline GHG. • Report on dissemination of the baseline GHG Inventory including the energy savings analysis of the baseline GHG. • File monthly status reports as required by City, SCE and /or CPUC. Task 2B: Oversee preparation and development of Citywide Climate Action Plan to be developed by a separately contracted technical consultant. Deliverables will include: • Coordinate and oversee Assessment and Planning Report for the development of a Citywide Climate Action Plan. • Coordinate and oversee draft Climate Action Plan pursuant to Council timeframe and direction between September 2011 and November 2012. • Coordinate, oversee and report on stakeholder input pursuant to Council timeframe and direction between September 2011 and November 2012. • Coordinate and oversee Final Climate Action Plan pursuant to Council timeframe and direction between September 2011 and November 2012. • Coordinate and oversee monitoring framework for Climate Action Plan. • File monthly status reports from September 2011 through November, 2012 as required by City, SCE and /or CPUC. Task 3: Coordinate California Green Building Code and LEED Certification Training. Deliverables will include: • Coordinate assessment and planning report on California Green Building Code and LEED Certification Training. • Develop quarterly training schedule. • Coordinate, oversee and report on stakeholder input. • Report on best practices and lessons learned 12 25E -14 • File monthly status reports as required by City, SCE and /or CPUC. lu /_M:4IuleldI TASK AMOUNT September 6, 2011 — November 30, 2012 Not -to- exceed budget for Task 2A of the Agreement with SCE in combination with Exhibit A ** $ 80,000 Not -to- exceed budget for Task 2B1 of the Agreement with SCE in combination with Exhibit A ** $135,000 Not -to- exceed budget for Task 3 of the Agreement with SCE in combination with Exhibit A ** $ 40,000 Total Fee Proposal $255,000 *Fixed hourly rates are inclusive of all of Consultant's subcontractor costs, over -head costs (including all taxes and insurance), administrative and general fees, and profit. * *Task budget includes reporting requirements. 13 25E -15 Extension Period Option Should the contract be extended for the period of December 1, 2012 — November 30, 2013, the following Tasks would be implemented: Task 2B2: Oversee completion of any remaining work and coordination of beginning work on development of Citywide Climate Action Plan. Deliverables will include: • Coordinate the completion of any remaining work on the Climate Action Plan pursuant to Council timeframe and direction between December 2012 and November 2013. • Coordinate the completion of any remaining work on development of a monitoring framework for Climate Action Plan. • Determine annual targets for GHG emission reductions that coordinate with the climate action plan; coordinate and implement procedures to track annual GHG inventory for public and City use. • Determine effective media venues to market the climate action plan and Energy Efficiency Programs and assist in marketing and outreach efforts to increase program participation to the appropriate audiences. • File monthly status reports from December 2012 through November 2013 as required by City, SCE and /or CPUC. Task 2B3 • Assist staff in determining appropriate energy efficiency programs and projects for city facilities and the community to decrease energy use and GHG emissions. • Provide the City with an assessment of programs that should be first implemented based on a cost/benefit analysis. • Coordinate stakeholder meetings and obtain input from public, city council, committees and staff on climate action plan and energy efficiency programs /objectives. • Coordinate and educate city departments, organizations, businesses, and public that may be impacted by the recommendations outlined in the climate action plan. • File monthly status reports as required by City, SCE and /or CPUC, of all ongoing activities including a list of monthly achievements and outstanding issues. MAXIMUM TASK AMOUNT Not -to- exceed budget for Task 2132 of the Agreement with SCE in combination with Exhibit A ** $ 20,400 Not -to- exceed budget for Task 2133 of the Agreement with SCE in combination with Exhibit A ** $ 47,400 Total fees for extension period $ 67,800 *Fixed hourly rates are inclusive of all of Consultant's subcontractor costs, over -head costs (including all taxes and insurance), administrative and general fees, and profit. * *Task budget includes reporting requirements. 14 25E -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: SETTLEMENT AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT NO. 081700) 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 Clerk of the Council to execute the attached settlement agreement with Luis Paredes dba Una Dia a la Vez, tenant of the property located at 828 N. Bristol Street, Suite 200, in the amount of $10,174.25 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The first phase of the project (between Pine Street and McFadden Avenue) was completed in April 2011. The Public Works Agency is acquiring property for the second phase of the project (between Third Street and Civic Center Drive). To accommodate the widening of the second phase, acquisition of the entire properties located at 828 North Bristol is required (Exhibit 1). This acquisition also necessitates the relocation of all the tenants in the building. Luis Paredes, the tenant at Suite 200 has agreed to the settlement amount of $10,174.25 for the relocation of the business (Exhibit 2). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment No. 89 -01 approved by City Council in 1990. 25F -1 Settlement Agreement For Bristol Street Corridor September 6, 2011 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (accounting unit 05917661 - 66100). F7( r' 6141VII _, Raul Godinez II Executive Director Public Works Agency RG /SA Exhibit 1: Location map Exhibit 2: Agreements APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 6;� Executive Director Finance & Management Services Agency 25F -2 MATCHLINE SEE BOTTOM RIGHT CIVIC CENTER DR -r- - -- 7TH ST L I I 6TH ST I I I I I L -- L L� -- I I 5TH ST I SANTA ANA BLVD I - - - -I � j I I I F t - -f - -j - - -j i i i j j LEGEND ....... SUBJECT PROPERTY WASHINGTON ST - i L L f 12TH ST -- - ItTB I I I I I I I I I I 11TH ST - 1 1 1 1 1 1 - 1T1F_L I I I I I m - - - -- 10TH ST I i F T- - -F-F - i - - -- 9TH ST - - l i i CIVIC CENTER DR MATCHLINE SEE TOP LEFT EXHIBIT 1 SANTA ANA ��1CITY COUNCIL TITLE: SETTLEMENT AGREEMENTS FOR AGENDA DATE BRISTOL STREET CORRIDOR PUBLIC � SEPTEMBER 6, 2011 (PROJECT NO. 081700) i " Is .� SA1\TA A1\A 25F -4 B/3/2011 6:47 Remote ID Imprint ID D 2/9 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement") Is made by and between the City of Santa Ana, a chatter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City ") and Luis Paredes dba Una Dia a la Vez ("Tenant"). The City and Tenant are hereinafter sometimes referred collectively as the 'Parties,' The Effective Date of this Agreement shall be 2011, the date on which the Agreement has been fully executed by the City and Tenant. RECITALS A. Tenant operates a business, commonly known as Una Die a Is Vez, located at 828 N. Bristol Street, Suite 200, Santa Ana, CA 82703 (the "Property'), B. The City has purchased the Property for the Bristol Street Widening Project. As a result of the City's acquisition, the Tenant has been displaced from the Property. C, The Parties desire to resolve all Issues relating to the City's acquisltion of the Property in accordance with the terms and conditions set forth below. D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other consideration given In connection with this Agreement are the result of a compromise and settlement of disputed claims, and shag never, at any time or for any purpose, be considered an admission of liability or responsibility on the part of any of the parties herein released. NOW, THEREFORE, In consideration of the foregoing and of the mutual promises and covenants - hereinafter set forth, It Is hereby agreed by and among the Parties that; 1. Consideration (a) The City shall pay to Tenant the sum of $10,174.28 (Tan Thousand One Hundred Seventy -four Dollars and Twenty -five Cents) (Tenant Settlement Payment) as total compensation for relocation assistance and any and all related expenses and claims as more fully dewlbed in paragraph 1(b) below. Upon full execution of this Agreement, the City will make a final payment to Tenant In the amount of $10,174.25, (b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above constitutes full satisfaction of any and all obligations of the City to Tenant, Including, without limitation, any obligations for relocation assistance, relocation benefits, moving expenses, interest of any kind In the real estate and leasehold, loss of business goodwill, compensation for personal property (loss of inventory), furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature, (c) Tenant vacated the Property on June 1, 2011 ( "Vacate Date "). (d) Tenant hereby agrees that City may remove and dispose of any personal property or trash that was not moved upon the Vacate Date, as It elects and desires, without any notice to Tenant. 1 of 7 25F -5 8/3/2011 6:47 Remote ID Imprint ID D 3/9 (e) Payment will be made for Relocation Expenses In the amount of $10,174.25. (f) Payment will be made for leasehold, loss of business goodwill and Immovable furniture, fixtures and equipment In the amount of $0. 2. Release (a) Nothing contained herein shall constitute a release or discharge by either party for any of the undertakings of the other party to this Settlement Agreement, This Agreement shall serve as a full release and discharge by the Parties, on behalf of themselves, their agents, representatives, assigns, trustees, administrators, attorneys, heirs, relatives, spouses, ex-spouses, beneficlaries, and successors in interest, in consideration of the mutual covenants and promises contained herein, of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency, and those parties' accountants, other professionals, agents, representatives, assigns, employees, administrators, trustees, Insurers, attorneys, heirs, beneficiaries, and successors in interest (collectively the "Released Parties "), from all rights, claims or cross - claims, demands, actions, or causes of action, Including those for damages, oompensation, relocation assistance, relocation benefits, loss of goodwill, property interest, compensation for personal property (loss of Inventory), furniture, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, Injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations, coats, expenses, Ilene, actions, causes, and causes of action of whatever kind, at law or in equity, that the Parties have now or may have against any of the Released Parties arising from the facts and circumstances described in this Agreement including but not limited to (1) the acquisition of the Property by the City, (2) Tenant's leasehold interest, if any, in the Property (or any portion thereof) or (3) any other right or interest Tenant may have, assert, or claim by reason of City's actions or failure to act, including, but not limited to, any claim to relocation assistance, relocation benefits or compensation for property or lose of goodwill from the City. (b) In making this release, the Parties Intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is known or unknown to the party possessing the claim, Each patty expressly acknowledges and waives any and all rights under Section 1542 of the California Civil Code, which the Parties understand provides as follows; A general release does not extend to claims which the creditor does not know or suspect to exist In his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor, Each party acknowledges the foregoing waiver of the provisions of California Civil Code Section 1542 was separately bargained for and expressly consents that this Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, Including those terms and provisions relating to unknown or unsuspected claims, demands and causes of action, if 2of7 25F -6 8/3/2011 6:47 Remote ID Imprint ID D 4/9 any, to the same effect as those terms and provisions relating to any other claims, demands and causes of action herein above specified. (c) Each party acknowledges that it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Each party agrees that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or law or any party's discovery thereof. The Parties shall not be entitled to any relief In connection therewith, Including, but not limited to, any damages or any right or claim to set aside or rescind this Agreement. (d) None of the Parties or their respective agents nor any related entities have made any statement or presentation to the other regarding any fact relied upon in entering into this Agreement and the Parties, and each of them, expressly do not rely upon any statement, representation or promise of any other party or any party's agent or related entities in executing this Agreement, except as is expressly set forth herein. Each of the Parties has made such investigation of the facts and law pertaining to the subject matter of this Agreement as it deems necessary, and has consulted with legal counsel of Its own choosing concerning these matters. (e) Tenant hereby represents and warrants as of the Effective Date of this Agreement that (1) to Its actual knowledge, no other entity or person has any right, title, or Interest whatsoever in the released claims, and (2) that there has been no assignment, transfer, conveyance or other disposition by Tenant of any of the released claims, and that Tenant will not make any such assignment, transfer, conveyance or other disposition subsequent to the Effective Date of this Agreement, Tenant acknowledges that the Authority has relied and is relying upon such representations and warranties In entering Into this Agreement. (f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or representatives from any claims that may arise from Tenant's nondisclosure of any other interests in the Property or personal property referenced by this agreement. (g) This Agreement represents a settlement of doubtful and disputed claims between the Parties and does not constitute any admission of liability by either party to the other party to this Agreement. City has delivered to Owner an offer to purchase the Property under threat of eminent domain pursuant to Government Code Section 72672. Tenant and City now wish to enter into this Agreement In lieu of eminent domain proceedings. 3. Third Party Bangficiades Except as explicitly set forth herein, nothing In this Agreement Is Intended to create any third party beneficiaries under this Agreement, and no person or entity other than Authority and Tenant shall be authorized to enforce the provisions of this Agreement. 3of7 25F -7 8/3/2011 6:47 Remote ID Imprint ID p 5/9 4. AttoraM F §es In the event of litigation relating to or arising out of this Agreement, the prevailing party shall be entitled to be reimbursed by the non - prevailing party for all reasonable costs and expenses incurred thereby, Including, but not limited to reasonable attorney's fees and costs for services rendered to such prevailing party. S. Indemnity Each party shall indemnify, defend and hold the other party and the Released Parties harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorney's fees and /or costs resulting from the breach by such indemnifying party of any provision of this Agreement, the falsity of any representation or warranty made by the indemnifying party contained In this Agreement. 6. Entire Agreement This Agreement together contains the entire Agreement of the Parties, and supersedes any prior written or oral agreements between them, concerning the subject matter of this Agreement. 7. Partiallnyglidity In the event that any term, covenant, condition or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 8. Waiver and /or Modification The provisions of this Agreement may not be waived, altered, amended or repealed, in whole or in part, except upon a written agreement signed by each of the parties. The waiver by one party of the performance of any provisions of this Agreement shall not invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. 8. Headings The headings, subheadings and numbering of the different paragraphs of this Agreement are inserted for convenience and for reference only and shall not be considered for any purpose in construing this Agreement. 9. Governing Law The rights and obligations of the Parties under this Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California, 10.8uc.ceessors In Interest Subject to any restrictions against assignment contained herein, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in Interest, personal representatives, executors, estates, heirs, legatees, agents and related entities of each of the Parties, 4of7 25F -8 8/3/2011 6:47 Remote ID Imprint ID D 6/9 11. Necessary Acts Each of the Parties agrees to perform such further acts, and execute and deliver such further documents, as may be reasonably necessary to carry out the provisions of this Agreement. 12. Adviseof Counsel The Parties, and each of the, acknowledge that in connection with the negotiations and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel; or, If they were not so represented, said non - representation is and was the voluntary, intelligent and informed decision and election of the party not so represented; and, prior to executing the Agreement, each party has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement including but not limited to the advisability of entering into this Agreement and the meaning of California Civil Code Section 1542. 13, Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement, 14. CQtg is ruction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 15. Counteroarts This Agreement may be executed In counterparts, each of which shall be deemed an original and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 18, Voiuntary Agreement The Parties, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign the same freely and voluntarily. 17. Notices All notices, requests, demands and other communications required or permitted to be given under this Agreement shall be In writing and shall either be delivered personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the party at its address set forth below, or at any other address that such party may designate by written notice to the other party: 5 of 7 25F -9 e/3/20i1 6:47 Remote ID Imprint ID 7/9 To City: Sourl Amlrani Deputy City Engineer City of Santa Ana Public Works Agency 20 Clvlc Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Una Die a la Vez Attn: Mr. Luis Paredes 12851 Haster Street Garden Grove, CA 92840 18. Jurisdiction and Venue Any action or proceeding concerning this Agreement shall be filed and prosecuted In the appropriate California court In the County of Orange, California. Each party hereto irrevocably consents to the personal Jurisdiction of the court. The Parties each hereby expressly waive the benefit of any provision of law providing for a change of venue to any other court, including, without Ilmitatlon, federal court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to Californla Code of Civil Procedure Section 394 or other state or federal statutes or Judicial decisions of similar effect. 6of7 25F -10 8/3/2011 6:47 Remote ID Imprint ID IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above, TENANT. ) BY' Luis Paredes BY: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST; Maria D. Hulzar Clerk of the Council APPROVED AS TO FORM: Joseph W, Fletcher City Attorney BY: Jose Sandoval Managing Senior Assistant City Attorney Dated Dated Dated Dated Dated 7of7 25F -11 n 8/9 9/3/2011 6:4? Remote ID Imprint ID ❑ 9/9 Clitim for Actual Reasonable Moving ailild Related Elxpenses INSTRUCTIONS: Thfs "Ant for Is for the use of dlspreeed bustnessak noop m owntsatlaas, 4, ..g,.F 'ri,�•t and 110011 operaft'o yet IWM 16 6Apry lot a PAYMENT FOR ACTUAL RCASONAeL6 MOVAYe +`' ! '. av� F ,t -'g °,3 r i4 'rrogliLS,b IiiF,`, tt �.s'�'r ANnRFF. Sr49LfSlfrdENTEXAGNSr: S, ralhw Mon appry fare FLYEO PAYMENT (Wme""'a Agency City of Santa Ana mhdm,nn of $1,000.00 and a mmlhwn) of $20,000.00J The Apepcy vAaxP*A Me d0amncea between rho Ave payments: If you are pf'pibfe to choose Whet pays K file Agwy Project Bristol Street Widening mprosa,d.viva win help you defeawne WaM he moil advanlepeow, and IWk hNp yov camppte tae lomr. It Ma lute Nnoun( at your arerm hint approved Ilia Agency will piovltll you IWfh a Case # 6TA-037 -00828 -200 W60011 01119"nyon o/ Mn 166101 if yob are not sagsaed WA Ike Agency's deknWria$oA M MAY eApWthA ldef ennrna" The Agency wMaxpWahow to make it) appeal, T)W31 mason Program Rules OPC Claim SorialNumber Is being CoAded under On auMaity of Mo Ua burr Rmbcagbtl Asstafenco and Reef Properly ralclleesl�SANrURA)androi Cah'kmfo Reloaaeon ArtWonce Aat. Federal I X I State Other LG013269 ;K iii +1?.. � T81 - .i..\ � .,'i.�l:t.•�k 4.V1�t.:Yfi �- Te. pav' 1�•, �{ Ji •1�t!'f�.,:L ?'.i {}CF�'f4,Y,?i:. �1�,:.. F�S �Msr..� .��:9Ys:. V. r...11frf.�. �t {Y' a�..!_�`z 1. Name Under W11leh Claimant Conducts operations 2. Name, Tltlo and Phone of Person FNlne Clalm on Behalf of Claimant Lin Dia A La Vez Luis Paredes, President 714 889 -8229 ga. Address From Which Claimant Moved 3b. Dale First Occupied 3c. Date Move Started 828 N. Bristol Street #200 011/2000 6/112011 Santa Ana, CA 92703 4a. Address 10 Which Claimant Moved 4b. Dale Movo Comploted 8. la This o Final Clain? 1226 W. 17th Street Suite #2 811(2011 ( X ] Yes [ ] No Santa Ana, CA 92706 G. 'rype at Operation, (Check One): Y. Type of Ownership (Check One): ( J 8usitess [ J Farm Operation [ x J Nonprofit Operation Sate Pro stet. Corporation [ I Partnership f x I Nonprofit Ore. 8. Computation of Payment ITEM AMOUNT CLAIMS Ptft, AGEN U,9 DtlL'( M (1) Moving Expenses (from Section S) $21030.00 (2) Reostabllshment Expenses ($10,000 maximum, from Section C) $10,000.00 v (3) Reasonable Searching Expenses (Attach Schedule) $1,000.00 (4) Storage Expenses (Attach Schedule) (5) Actual Direct Loss of Personal Property (Attach Schedule) (G) Other Expenses (attach explanation) (7) Total Amount Claimed (add lines (1) through (6)) $13,030.00 (8) Arnount Previously Received for Expenses Claimed Were (If any) $0,00 (9) Offset amount for Rents Due to the Agency $2,866.75 (10) Amount Requested (Line (7) minus Line (8)) $10,174,26 9. Certification by Claltnant(s) WAMIAIG: It you !glowingly ordofiboralely make 16130 statements on this 16`11l, you Wray be subject to W or crlmini0 penattles under Section 100f of TWO 18 011118 United Steles code. to addition you may not recaive any of the emounts claimed on this farm. I CERTIFY that this claim end supporting Information are Imo and complele, that /hove not submdfed any other claim for the expenses psted and that I have not boon paid for the expanses by any other source: My choice of type of payment was made on Ilia basis of fun Olifenatlon by the dlsplecing Agency representative of the difference between the two types ofpsyments avopebla and the eligibibjy for each a s) of of" or`Clolmonga) Aeon) Tfaa $Type or Pant) pate 40� uS EDALY ^ 1ri35wt x � � fc i 1 1NCY i • .... .. : -: r� •..::. . �n ... i .. �.. .. _x ......x.r.. J .., s� :.i.,.}.:,A `u ' C i,1 ran . SS:,h - Payment Acflon Amount of Payment 5j nature Name (Type or Print)ate 10. Recommended $10,174,26 t 11. Approved $10,974.26 @) Overland. Pnei le & Cutler. Jlte• Pa go 1 of 2 �hC•01 (7ro4) 25F -12 SECTION B: Supporting Data for Moving Expenses (not Included In Section C) Type of Work Performed (moving Payment directly to contractor? ; FpR AC3EtJ�Y p ersonal property, phonelufflity Name and Address of Contractor AMOUNT CLAIMED itSE ONLY reconnection, reprinting, etc.) YES NO (1) Moving Personal Property Daly Movers 1224 N French StrRat Santa Ana- CA 92701 X $2,030.00 (2) $0.00 (3) $0.00 (4) $0.00 (5) $0.00 (6) $0.00 (7) $0.00 (8) $0.00 (9) $0.00 (10) TOTAL MOVING EXPENSES (Enter this amount on Line (1) of Item 8, Section A) $2,030.00 SECTION C: Determination of Reestablishment Expenses (not included in Section B) Type of Work Performed (repairs Payment directly required by law or business operation, Name and Address of Contractor to Contractort AMOUNT CLAIMED lFS?ii f1fiNCY ON.Y exterior signing, licenseslpermits, etc.) YE37 NO (1) Painting Medina /Agramont 12851 Haster Streat (,'arrJPn Grove- CA 92840 X $2,364.00 (2) Carpeting Medina /Agramont 12851 Hgster Street (;2rdan Grove- CA 92841 X $3,437.20 (3) $0.00 (4) $0.00 (5) $0.00 (s) $0.00 (7) $0.00 (8) $0.00 (9) Estimated Increased cost of operflon during the first two years (leaselrent, taxes, insurance, utilities) (a) Monthly cost of operation at the displacement site $925.00 (b) Monthly cost of operation at the replacement site $1,100.00 (c) Monthly cost differential (line (9b) less line (9a)) $175.00 (d) Estimated cost differential over two years (line (9c) times 24) $4,200.00 (10) TOTAL REESTABLISHMENT EXPENSES (Add lines (1) through (9)) Enter this amount, or $10,000, whichever Is less, on Line (2) of Item 8, Sectlon A) $10,00110 © Overland, Pacific & Culler, Inc. Page 2 of 2 25F -13 =BC-01 (7104) 25F -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: AGREEMENT FOR SENIOR MEALS PROGRAMS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached sub - recipient agreement with Community SeniorServ, Inc. in the amount of $60,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In May 2011, the Parks, Recreations and Community Services Agency (PRCSA) was allocated Community Development Block Grant (CDBG) funding to support Senior Meals Programs. PRCSA, which manages and coordinates a variety of programs and activities for seniors, will utilize the allocation of CDBG funds to enter into a sub - recipient agreement with Community SeniorServ, Inc. to continue to provide the two programs, described below, in Santa Ana for the program year 2011 -2012. The Meals on Wheels program prepares and delivers three meals daily directly to the homes of homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to assure 100% of the U. S. Nutritional Recommended Daily Allowance - consisting of breakfast, a cold lunch, and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff as well as the calls and /or visits from case workers who regularly check on their well- being. The Senior Lunch Program would be offered at three sites in Santa Ana (Santa Ana Senior Center, Southwest Senior Center, and Vietnamese Community Center) to help alleviate poor nutrition among the vulnerable elderly population, especially prevalent among those who live alone and /or on a limited income. This nutrition program seeks to enhance the physical and mental well- being of the elderly population by: 25G -1 Agreement for Senior Meals Programs September 6, 2011 Page 2 • Encouraging a sense of dignity; • Providing stimulating activities and volunteer opportunities; and • Augmenting participants' financial resources by providing donation -based meals. The Senior Lunch Program meals are also planned and certified by a dietician to meet one third of each person's daily nutritional needs based on FDA guidelines. FISCAL IMPACT Funds are available in the CDBG account (13518783- 69135/12750601172). Gerardo R. Mouet Executive Director Parks, Recreation and Community Services Agency .t," C-Y Nancy T. Effvards Interim ExeWjtive Director Community Development Agency GRM /NTE /fh Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez (�li Executive Director Finance & Management Services Agency 25G -2 5111110 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SENIORSERV, INC. FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this 1st day of July, 2011, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY') and Community SeniorServ, Inc., a California nonprofit corporation ( "SUBRECIPIENT "). WITNESSETH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG REGS "); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended ( "ACT "); and C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program ". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A -1 (Outcome Tracking). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. E. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: Exhibit 1 1 25G -3 5111110 I. SUBRECIPIENT'S OBLIGATIONS A. Non - Profit Status - Representations and Warranties (a) Authority. SUBRECIPIENT is a duly organized and existing non - profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $ 60,000 ( "CDBG FUNDS "), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2012. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis on or before the 15th of each of the following months (October, January, April and July) subject to and upon receipt and approval of a complete Exhibit 1 2 25G -4 5111110 quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIP ENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 20 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility /property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or pen-nits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility /property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. Exhibit 1 3 25G -5 5/11/10 G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A -110 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A -110 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT receives Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. I. Record Kegping/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race /ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. Exhibit 1 (2) Reports (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, 25G -6 5111110 April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. (ii) Quarterly Activity Report: SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year -to -date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above - referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. Exhibit 1 5 25G -7 5/11/10 L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equi ment. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non- expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Exhibit 1 6 25G -8 5111110 Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C -1). T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG- assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. U. Davis -Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance ") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor /subcontractor, as provided in 29 C.F.R. §5.12. Labor standards and shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)]. V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the following drug -free workplace policy: Exhibit 1 7 25G -9 5111110 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The CITY and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. W. Uniform Administrative Requirements for Non - Governmental Subrecipients/Non- Profits. The following requirements and standards must be complied with: OMB Circular A -122 "Cost Principles for Non -Profit Organizations" or OMB Circular A -21 "Cost Principles for Educational Institutions ", as applicable; 24 CFR Part 84, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations," as modified by 24 CFR 570.502(b); and, OMB Circular A -133, "Audits of States, Local Governments and Non -Profit Organizations ". X. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. II. CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CITY's 2011 -2012 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2011 -2012 pursuant to this Agreement up to a maximum aggregate payment of Sixty Thousand Dollars ($60,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis on or before the 15�h of the following months (October, January, April and July) in a form prescribed by CITY, detailing such expenses. Exhibit 1 25G -10 5/11/10 CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day -to -day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non - compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circulars 1 -102 and A -110, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully Exhibit 1 9 25G -11 5/11/10 incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in- law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. Exhibit 1 10 25G -12 5/11/10 VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M -25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 -1988 TO SUBRECIPIENT: Dustin Manhart Community SeniorServ, Inc. 1200 N. Knollwood Circle Anaheim, CA 92801 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with Exhibit 1 11 25G -13 5/11/10 limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall undertake self - insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self - insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph A above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non -CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: Exhibit 1 12 25G -14 5/11/10 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in fizrtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERNIINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination Exhibit 1 13 25G -15 5111/10 stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. E. The grant of funds under this Agreement may be terminated due to the non- performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. Exhibit 1 14 25G -16 5/11/10 XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XVII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. Exhibit 1 15 25G -17 5111110 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR PAUL M. WALTERS Clerk of the Council Interim City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: LISA E. STORCK Assistant City Attorney DATE: SUBRECIPIENT: Name: Holly Hagler Title: Chief Executive Officer Tax ID: 95- 2771715 Exhibit 1 16 25G -18 City of Santa Ana Scope of Work Name of Organization Community SeniorSery Name of Funded Program Home Delivered and Congregate Meals Program Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the funded pro ram, named above, during the 12 -month contract period. 11,569 Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12 -month contract period. Persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12 -month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewapie space wui Congregate Meals: Participants in the Senior Lunch Program will be provided a daily (Monday - Friday) hot nutritional lunch at 3 nutrition sites in Santa Ana. Locations: Southwest Senior Center Santa Ana Senior Center Vietnamese Community Center Participants will also be part of nutrition education on various senior health topics every quarter by our Dietician. Home Delivered Meals: Participants in the Home Delivered Meals program will recieve 3 meals per day 5 days per week and case management services. Meals will be delivered by paid and volunteer drivers. Eligibility and case managment services will be provided by CSS Case Managers. Participants will also have access to other services at no charge including in -home services, respite services, home safety equipment, and other resources. Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12 -month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2 Quarter 1: July 1 - September 30 820 Persons Quarter 2: October 1 - December 31 100 Persons Quarter 3: January 1 - March 31 100 Persons Quarter 4: April 1 -June 30 105 Persons Schedule of Invoicing 1125 Total unduplicated Santa Ana Residents to be served. Estimate the amount of grant funds to be requested during the 12 -month contract period on a quarterly basis. Quarter 1: July 1 - September 30 $ 15,000:00; Quarter 2: October 1 - December 31 $ 15,000.00< Quarter 3: January 1 - March 31 $ 15,000.00 Quarter 4: April 1 -June 30 $ 15,000.00' $ 60,000.00 Total Grant Exhibit A Page 1 of 1 Exhibit 1 25G -19 City of Santa Ana Performance Outcome Tracking Activity/ Program Outcome Tracking Goal HUD Outcome Tracking HUD Goal Senior Track program participants 80% of participants will Number of persons assisted: Accessibility for the Services while they are on the program remain independent during -with new access to a service: 40 purpose of creating through quarterly the time services are -with Improved access: 180 Suitable Living assessments and provided. Environments reassessments. Describe how you will gather the tracking information, noted above, for that activity. Congretate: Senior Congregate Lunch Program tracks the required information via an intake form that participants fill out during their first visit to the lunch program. Home Delivered Meals: All Home Delivered Meals participants go through an initial assessment before being placed on the program. All CDBG relevant data is collected at this time and is updated once annually during their annual home visit. Exhibit A -1 Page 1 of 1 Exhibit 1 25G -20 Final Budget Organization Name Community SeniorServ, Inc. Program Name Home Delivered Meals Program Fxnnnrlih rrnc Category Administrative Staff Salaries & Benefits Program Staff Salaries & Benefits Contractual /Professional Services Expenses Funded by Santa Ana $ - $ - $ - Expenses Funded by Other Sources 4 474,508: $ 2,431,656; $ : 54,213. $ $ $ Total Program Budget 474,508 2,431,656 54,213 Total Organizational Budget $ 576,521: $ 2,954,429` -$ 65;868: Office Supplies $ - $ 53,312: $ 53,312 $ - 64;773 Rent $ - $ 164,881 $ 164,881 $ 200,328; Communications $ $! 91,932 $ 91,932 $ 111,696. Utilities $ - $ : 96,209;! $ 96,209 $ 116,893 Insurance $ $ 58,447 $ 58,447 $ 71,012 Other.List below s �R 1 Raw Food $,;. 60;000 $ 1,525,166, $ 1,585,166 2 In Kind $ ! - $ 350,098 $ 350,098 $ 425,364, 3 Program Supplies $ - $ 276,260 _ $ 276,260 $ 335;652 4 Travel/Training $ : $ 54,384 $ 54,384 $ 66,076 5 VehiclelBuilding $ : - $ 158,0581 $ 158,058 $ 192;038. 6 Outreach and Other $ $ 32384 $ 32,384 $ 39;346' Total $ 60,000 5,821,508 $ 5,881,508 $ 7,14;7,953 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amrn rnt Santa Ana 1 $ 60.000 CDBG Other than Santa Ana $ 179,089 Senior Donations $ 889,481' Other Donations !$ 60,000:' In- Kind $ 350,098: Federal Funds $ 3,325,986' USDA $ 854,501," United Way:: $ :63,000 Support Funds $ 99,353' Total Funds for the Program $ 5,881,508 Exhibit B Page 1 of 1 Exhibit 1 25G -21 Funded Personnel Name of Organization: Community SeniorSery Name of Program Home Delivered and Congregate Meals Program ADMiNTCTRATTVF QTA>r,1r Position Title (only list funded positions) Annual Salary Annual Benefits Total Compensation Funds Requested for this position Percent of time serving Santa Ana Maximum Amount of eligible Compensation No Funding Allowed Under ESG $ $ $ - $ $ - $ $ $ $ - $ $ $ Total Amount Requested $ rRUURAM STAFF Position Title Annual Annual Total Funds Requested Percent of Maximum (only list funded positions) Salary Benefits Compensation for this position time serving Amount of Santa Ana I eligible luliN IRAUTUAL /PROFESSIONAL SERVICES Type of Service Annual Contract Amount Total Funds Requestedl Percent of Maximum (only list funded services) Compensation for this position time serving Amount of Santa Ana I eligible Exhibit B -1 Page 1 of 1 Exhibit 1 25G -22 #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DN /0! #DIV /0! #DIV /0! #DIV /0! #DIV/0! #DIV /0! #DIV /0! #DIV /0! #DIV/0! #DIV /0! #DIV /01 #DIV /0! #DIV/0! Certification Regarding Lobbying Certification for Contracts Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. uramee /contactor Urganization Program Title Name of Certifying Officer Signature Date EXHIBIT C Page 1 of 2 Exhibit 1 25G -23 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88 -352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1 -5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of 2 Exhibit 1 25G -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: ADOPTION OF ORDINANCE TO COMPLY WITH AND PARTICIPATE IN ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PER PART 1.9 OF DIVISION 24 OF CALIFORNIA HEALTH & SAFETY CODE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance whereby the City shall elect to comply with and participate in the alternative voluntary redevelopment program contained in Part 1.9 of Division 24 of the California Health and Safety Code. DISCUSSION On August 24, 2011, the City Council and Redevelopment Agency ( "Agency ") took the necessary actions to comply with ABX1 26 & 27, the two recently enacted bills that impact redevelopment agencies throughout the State. ABX1 26, which is referred to as the "Dissolution Bill," suspends most redevelopment agency activities effective immediately and directs the dissolution of redevelopment agencies and the designation of successor agencies. The bill also required agencies to adopt a resolution establishing an Enforceable Obligation Payment Schedule (EOPS) by August 28, 2011, which Santa Ana has complied with. The second bill, ABX1 27, which is referred to as the "Continuation Bill," creates an alternative voluntary redevelopment program that allows the continued existence of redevelopment agencies if the legislative body of the city or county makes annual "community remittances" to school districts and special districts. The City adopted a resolution on August 24, initiating the process for the "Continuation Ordinance" to be enacted by November 1, 2011. As a result of the State's efforts to take $1.7 billion from redevelopment agencies through ABX1 27 in FY 2011 -12 and an additional $400 million each subsequent year, it is recommended that the City Council consider the adoption of a "Continuation Ordinance" in order to participate in the alternative voluntary redevelopment program. This action would allow Santa Ana to avoid dissolution of the Agency and to continue to carry out provisions of the Redevelopment Law. The adoption of this ordinance will result in a continuation payment of $20,489,170 for FY 2011 -2012 due in two equal payments on January 15, 2012 and May 15, 2012, and annual payments of approximately $5 million thereafter. Funds for the FY 2011 -12 payments will be available through 5OA -1 Adopt Ordinance Per Part 1.9 of Division 24 of the California Health and Safety Code September 6, 2011 Page 2 a combination of sources. It is anticipated that as allowed by the legislation, a portion of the Low and Moderate Income Housing funds will be allocated to cover approximately half of the initial remittance payment. The remainder is anticipated to be funded from a combination of delaying or eliminating current projects and programs, debt service savings realized from refunding the 1998 bonds, and reducing the Agency's administrative budget. It is important to note that it is estimated the Agency will receive approximately $728.22 million ($376 million net present value) in net tax increment revenues over the remaining life of the merged project area by participating in the voluntary continuation program. Should the Agency dissolve, the community would only receive the City's share of property taxes and limited successor agency administrative funds estimated at $294.41 million ($159 million net present value). In addition, the Agency would lose all unencumbered assets including, but not limited to, cash, real property and loans, and bond proceeds (i.e., those dedicated to repair of Downtown garages). Given that Santa Ana's redevelopment efforts significantly contribute to much - needed economic and physical community revitalization, affordable housing development, and the general safety and enhancement of our city, staff recommends that the Agency adopt the Continuation Ordinance and continue to take the necessary steps to implement ABX1 27. Legal counsel is also recommending that the City preserve its options by proceeding with the adoption of the Continuation Ordinance. The ordinance does not waive the City's or Agency's right to challenge the legality of this legislation. This ordinance authorizes the City Manager or his designee to notify the appropriate State agencies before November 1, 2011 that the City agrees to comply with the provisions of the Continuation Bill. This is the first reading of this ordinance and the second will be on September 19. If not for the judicial stay described below, the ordinance would take effect 30 days after adoption. On August 11, 2011, the California Supreme Court agreed to review the petition filed by the California Redevelopment Association and League of California Cities and stayed specified portions of the legislation, indefinitely postponing certain provisions' effectiveness, including the Continuation Ordinance. While this matter is being considered in court, the Agency can continue to perform its "enforceable obligations;" however, no new agreements, amendments to existing agreements, disposition of assets (except per existing enforceable obligations), etc. are permitted. The stay will remain in effect until the court issues a decision, which is expected by January 15, 2012. Should ABX1 27 be validated and /or the stay or a portion thereof is lifted earlier as it pertains to the Continuance Ordinance, the ordinance will become effective thereafter. Having the Continuation Ordinance in place in anticipation of this event reduces the risk to the City and Agency of missing revised deadlines which the Court may impose. Further, on August 15, 2011, in an effort to mitigate the impacts of the continuation payment on the Agency, an appeal of the remittance amount with the State Department of Finance pursuant to ABX1 27 was filed. It has been determined that there were 96 successful property tax assessment appeals that were filed and resolved for FY 2008 -09, resulting in an estimated appeals refund Adopt Ordinance Per Part 1.9 of Division 24 of the California Health and Safety Code September 6, 2011 Page 3 totaling $741,995. As the majority of the successful appeals were not resolved by the County of Orange until 2009 and 2010, this information was not available at the time the Agency was required to submit the 2008 -09 State Controller's Report. Factoring this into the state's formula may result in a decrease in the initial base year remittance amount by as much as $350,000. Many cities /counties have also filed appeals; therefore, it cannot be assured that the state will not make further adjustments to the calculations that will affect the estimated remittances. The State Director of Finance has until September 15, 2011 to reject or approve the appeal, and may also extend the decision deadline until October 15, 2011. It is anticipated that the Redevelopment Agency will reimburse the City for the requisite initial and annual remittance payments based on the interpretation of the intent of the legislation. A Remittance Agreement and an appropriation adjustment will be forthcoming to the City Council and Agency Board for approval, pending adoption of the ordinance. Unless and until the stay is lifted, cities will not have to make the continuation payments. FISCAL IMPACT Following adoption of the ordinance, subsequent appropriation adjustments totaling $20,489,170 will be required in order for the City to make the payments in two installments for FY 2011 -12. The annual continuation payments of approximately $5 million will also require action by the City and Agency. APPROVED AS TO FUNDS AND ACCOUNTS: ,cq Nancy T. E ards Francisco Gu ierrez W Interim Exe tive Director Executive Director Community Development Agency Finance & Management Services Agency NTE /SG /mlr Exhibit: 1. Ordinance 8/22/11 LES ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 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 Council of the City of Santa Ana ( "City ") approved and adopted the Redevelopment Plan for the currently merged Redevelopment Project ( "Redevelopment Plan ") covering certain properties within the City (the "Project Area "). B. The Community Redevelopment Agency of the City of Santa Ana ( "Agency ") is engaged in activities to execute and implement the Redevelopment Plan pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.) ( "CRL "). C. Since adoption of the Redevelopment Plan, the Agency has undertaken redevelopment projects in the Project Area to eliminate blight, to improve public facilities and infrastructure, to renovate and construct affordable housing, and to enter into partnerships with private industries to create jobs and expand the local economy. D. The Agency plans to implement a variety of redevelopment projects and programs to continue to eliminate and prevent blight, to renovate and construct affordable housing, to stimulate and expand the Project Area's economic growth, create and develop local job opportunities and alleviate deficiencies in public infrastructure. E. As part of the 2011 -12 State budget bill, the California Legislature has recently enacted and the Governor has signed, companion bills ABX1 26 and ABX1 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to making certain payments. F. Specifically, ABX1 26 prohibits agencies from taking numerous actions, effective immediately and purportedly retroactively, and additionally provides that agencies are EXHIBIT 1 1 8/22/11 LES deemed to be dissolved as of October 1, 2011. The City adopted a resolution on August 24, 2011, allowing for this ordinance to be enacted by November 1, 2011, as provided by the CRL. G. ABX1 27 provides that a community may participate in an "Alternative Voluntary Redevelopment Program," in order to enable a redevelopment agency within that community to remain in existence and carry out the provisions of the CRL, by enacting an ordinance agreeing to comply with Part 1.9 of Division 24 of the Health and Safety Code. H. The Alternative Voluntary Redevelopment Program requires that the community agree by ordinance to remit specified annual amounts to the county auditor - controller. I. Under the threat of dissolution pursuant to ABX1 26, and upon the contingencies and reservations set forth herein, the City shall make the Fiscal Year 2011 -2012 community remittance, which is currently Twenty Million Four Hundred Eighty Nine Thousand One Hundred Seventy Dollars ($20,489,170.00) (subject to the appeal the City filed as referenced below), as well as the subsequent annual community remittances as set forth in the CRL. J. On August 15, 2011, the City filed an appeal with the California Director of Finance's determination of the Fiscal Year 2011 -12 community remittance amount, as provided in Health and Safety Code Section 34194. K. The City is aware that an action challenging the constitutionality of ABX1 26 and ABX1 27 has been filed on behalf of cities, counties and redevelopment agencies. Further, on August 11, 2011, the California Supreme Court agreed to review the petition filed by the California Redevelopment Association and the League of California Cities and stayed specific portions of the legislation. L. While the City currently intends to make these community remittances, they shall be made under protest and without prejudice to the City's right to recover such amounts and interest thereon, to the extent there is a final determination that ABX1 26 and ABX1 27 are unconstitutional. M. The City reserves the right, regardless of any community remittance made pursuant to this Ordinance, to challenge the legality of ABX1 26 and ABX1 27. Further, the agreement referenced between the City and Agency shall be entered into conditionally, and shall be operative only if ABX1 26 and ABX1 27 are upheld and the stay is lifted. N. All legal prerequisites to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: EXHIBIT 1 2 5OA -5 8/22111 LES Section 2. The Recitals set forth above are true and correct and incorporated herein by reference. Section 3. In accordance with Health and Safety�Code Section 34193, and based on the Recitals set forth above, the City Council hereby determines that the City shall comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as enacted by ABX1 27. Section 4. Except as set forth in Section 5, below, the City Council hereby determines that the City shall make the community remittances set forth in Health and Safety Code section 34194 et seq. Section 5. City shall not make any community remittance in the event (A) a court of competent jurisdiction determines that ABX1 26 and ABX1 27 are unconstitutional and therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom has lapsed; or (B) during any judicial stay of ABX1 27. Any community remittance shall be made under protest and without prejudice to the City's right to recover such amount and interest thereon in the event that there is a final determination that ABX1 26 and ABX1 27 are unconstitutional. If there is a final determination that ABX1 26 and ABX1 27 are invalid, this Ordinance shall be deemed to be null and void and of no further force or effect. Section 6. The City Council hereby authorizes and directs the Interim City Manager, or his designees, to take any actions and execute any documents necessary to implement this Ordinance, including but not limited to notifying the Orange County Auditor - Controller, the Controller of the State of California, and the California Department of Finance of the adoption of this Ordinance and the City's agreement to comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as Part 1.9 exists on the date of adoption of this Ordinance, as set forth in ABX1 27, with such notification to be accompanied by a certified copy of this Ordinance. Section 7. It is the understanding and intent of the City Council that, once the Agency is again authorized to enter into agreements under the CRL, the City will enter into an agreement with the Agency as authorized pursuant to Section 34194.2, whereby the Agency will transfer annual portions of its tax increment to the City in amounts not to exceed the annual community remittance payments to enable the City, directly or indirectly, to make the annual remittance payments. Said agreement between the City and the Agency shall be conditional, to be operative only if ABX1 26 and ABX1 27 are upheld and the stay is lifted. The City Council does not intend, by enactment of this Ordinance, to pledge any of its general fund revenues or assets to make the remittance payments. Section 8. The City Council finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this Ordinance is exempt from the requirements of the California Environmental Quality Act ( "CEQA ") in that it is not a "project," but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project EXHIBIT 1 3 8/22/11 LES or program. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Orange in accordance with CEQA Guidelines. Section 9. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 10. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of Santa Ana, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Section 11. This Ordinance shall become effective thirty (30) days from and after the date of the final passage and adoption hereof. EXHIBIT 1 4 5OA -7 8/22/11 LES ADOPTED this day of , 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka Interim City Attorney By: Lisa E. 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- to be the original ordinance adopted by the City Council of the City of Santa Ana on September , 2011, 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 EXHIBIT 1 5 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: ADOPT RESOLUTIONS AUTHORIZING APPLICATIONS FOR HUD COMMUNITY CHALLENGE GRANT AND PEPPERDINE UNIVERSITY COMMUNITY ENGAGEMENT GRANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the application for grant funds for Department of Housing and Urban Development (HUD) Sustainable Communities — Community Challenge Grant (CFDA # 14.704). 2. Adopt a resolution approving the application for grant funds for the Pepperdine University Davenport Institute 2011 Community Engagement Grant. DISCUSSION It is requested that the City Council authorize the preparation and submission of two grant applications in furtherance of the City's commitment to creating a sustainable community and providing for meaningful public engagement. The grant opportunities relate to one Federal and one university program as follows: 1. Department of Housing and Urban Development (HUD) Sustainable Communities — Community Challenge Grant (CFDA # 14.704). This grant opportunity arises out of the Department of Defense and Full -Year Continuing Appropriations Act of 2011, which provided a total of $100,000,000 to HUD for a Sustainable Communities Initiative to improve regional planning efforts that integrate housing and transportation decisions, and increase the capacity to improve land use and zoning. Of this amount, $30,000,000 is available for the Community Challenge Grant program. The goal of this program is to foster reform and reduce barriers to achieving affordable, economically vital and sustainable communities. Eligible activities include amending or replacing master plans or zoning codes. The potential maximum grant award is $3,000,000. There is a 20% match requirement for this grant, which can be fulfilled through in -kind contributions. This grant would be used to fund a comprehensive update of the City's Zoning Ordinance to better integrate the City's land use codes with its transit vision, as well as to modernize and streamline the code. 55A -1 2. Pepperdine University Davenport Institute 2011 Community Engagement Grant This grant opportunity arises out of a program offered by the Davenport Institute at Pepperdine University. The goal of this grant is to assist cities, and other agencies, in legitimately engaging the public to create solutions to policy issues. The grant will provide funding for consultant services. The potential maximum grant award is $15,000. There is no matching requirement for this grant. This grant would be used to augment the public outreach budget for the Circulation Element Update. The deadline for submitting the HUD Community Challenge Grant is September 9, 2011. The deadline for submitting the Davenport Institute Community Engagement Grant is September 14, 2011. FISCAL IMPACT There is no fiscal impact associated with these actions. l Jay . Trevino Ex utive Director Planning & Building Agency JMT:kh 55A -2 ROH — 09/06/11 RESOLUTION NO. 2011 -XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) SUSTAINABLE COMMUNITIES — COMMUNITY CHALLENGE GRANT (CFDA # 14.704) 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 that the Sustainable Communities — Community Challenge Grant (CFDA # 14.704) is administered by the Department of Housing and Urban Development (HUD). The goal of the Sustainable Communities Initiative is to improve regional planning efforts that integrate housing and transportation decisions, and increase the capacity to improve land use and zoning. The goal of the Community Challenge Grant program is to foster reform and reduce barriers to achieving affordable, economically vital and sustainable communities. Section 2. The City Council of the City of Santa Ana hereby approves the City's grant application for the Department of Housing and Urban Development (HUD) Sustainable Communities — Community Challenge Grant (CFDA # 14.704) and authorizes the City Manager to execute all necessary documents related to the Grant Application, including actions necessary to accept the Grant if approved. 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 55A -3 2011. Miguel A. Pulido Mayor Resolution No. 2011 -XXX Page 1 of 2 APPROVED AS TO FORM: Joseph Straka, City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2011 -XXX Page 2 of 2 Clerk of the Council City of Santa Ana 55A -4 ROH — 09/06/11 RESOLUTION NO. 2011 -XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PEPPERDINE UNIVERSITY DAVENPORT INSTITUTE 2011 COMMUNITY ENGAGEMENT GRANT 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 that the 2011 Community Engagement Grant is administered by the Pepperdine University Davenport Institute. The goal of the Community Engagement Grant is to assist cities, and other agencies, in legitimately engaging the public to create solutions to policy issues. Section 2. The City Council of the City of Santa Ana hereby approves the City's grant application for the Pepperdine University Davenport Institute 2011 Community Engagement Grant and authorizes the City Manager to execute all necessary documents related to the Grant Application, including actions necessary to accept the Grant if approved. 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 55A -5 2011. Miguel A. Pulido Mayor Resolution No. 2011 -XXX Page 1 of 2 APPROVED AS TO FORM: Joseph Straka, City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2011 -XXX Page 2 of 2 Clerk of the Council City of Santa Ana M 1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE. PUBLIC HEARING - CONTINUATION OF THE PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an ordinance to extend Proactive Rental Enforcement Program (PREP) for four years and provide that beginning with the 2012 license renewal cycle that the per unit fee be adjusted annually, based on a percentage reflected by the change in the Consumers Price Index - Urban, All Services Component for the Los Angeles- Riverside - Orange County area. 2. Approve continuation of the Gold Seal Incentive Program and funding to recognize exemplary rental properties. DISCUSSION The Proactive Rental Enforcement Program (PREP) was initially approved by the City Council in 1992 in response to a study prepared by community leaders. The study, entitled the "Mayor's Task Force on Neighborhood Standards and Preservation ", proposed establishing a systematic proactive rental inspection program to address poorly maintained rental properties that were negatively impacting the quality of life of tenants and surrounding residents. After an extensive series of negotiations between representatives from the City, the rental housing industry and the real estate association, a program and operational guidelines were agreed upon. The program was to be compliance driven versus punitive and would sunset in December of 1999. Upon completion of inspections in several designated neighborhoods and one round of city -wide inspections, the program was renewed for four years, first in 1999, again in 2003 and later in 2007. When the PREP program was initially approved, the rental housing industry requested a provision be included that would reward rental owners who have displayed exemplary maintenance and management practices, and who have not created service demands from Community Preservation or the Police Department. This provision was labeled the Gold Seal Incentive Program. 75A -1 Continuation of PREP September 6, 2011 Page 2 The primary benefit for rental owners who can successfully complete a three stage qualification process and receive Gold Seal recognition is an exemption from the annual which initially was $17.50 per unit fee for a period of four years. The annual PREP per unit fee of $17.50 was increased in 2010 to $19.50 due to increasing costs to administer the program. The increase in revenue also reduced the amount of expenditures not funded by the PREP fee were accounted for in the Planning and Building Agency's operating budget. The exemptions for rental owners currently participating in the Gold Seal program are scheduled to sunset along with the PREP program in December 2011. An early continuation of the program by the City Council will allow time for a Gold Seal application period to be conducted in 2011 and no break in rental fee exemptions for those that can re- qualify. The present funding for the Gold Seal program is $110,000, which provides for 5,640 units to receive exemptions from the $19.50 per unit annual fee. The primary concentration of the PREP inspections is on the exterior maintenance of rental properties, such as poor landscaping, unsightly paint, damaged fencing, illegal storage or inoperable vehicles. Should a condition be observed that leads to suspicion of a more serious issue being present on the property, or within the structure, a thorough inspection is conducted. The PREP team also responds to all complaints received by Community Preservation pertaining to rental properties. As awareness of the PREP program has grown, rental owners understand their properties will be routinely surveyed. This has led to an increasing number of owners regularly monitoring their properties and correcting unsightly conditions as they may occur. Unfortunately, another sizable number of rental owners still does not demonstrate diligence in their management and lets their properties to repeatedly regress into eyesores. These are the properties requiring continued regular proactive inspections by the PREP staff. Each year, PREP inspectors survey one -fourth of the City, using the Police reporting districts as a guide. All rental housing in the quadrant is surveyed and those with deficiencies are issued notices to correct the conditions. The on -going challenge for PREP is to maintain improvements made in the completed areas, while moving on to conduct inspections in the next quadrant. Properties that rapidly deteriorate generate most of the complaints received by the PREP staff. Due to the proactive nature of the program, inspectors have addressed conditions of the rental properties before adjacent impacted neighbors are compelled to file a complaint. The on -going challenge for PREP is to maintain improvements made in the completed areas, while moving on to conduct inspections in the next quadrant. Properties that rapidly deteriorate generate most of the complaints received by the PREP inspectors. 75A -2 Continuation of PREP September 6, 2011 Page 3 The most notable achievement of the PREP program since inception is the substantial financial reinvestment to upgrade Santa Ana's rental housing. In terms of reinvestment, from the inception of the program through June 2011, PREP inspections have been responsible for in excess of $5 million dollars directly being reinvested back into the improvement and maintenance of the City's rental housing stock. The PREP program has proven beneficial to Santa Ana by maintaining the City's rental housing at an acceptable standard. The program receives positive reviews from residents for the improved appearance of their neighborhoods and from the rental housing industry for abiding by the approved guidelines and not generating complaints to their respective associations. As both apartment associations will attest, there have been very few complaints regarding PREP since inspections began in 1993. Almost all the complaints received were from property owners who were denied Gold Seal benefits. The owners had an opportunity to appeal their denial to the Rental Housing Task Force, which could either uphold or overturn the denial. With proven success in reducing complaints received for rental properties, noticeably improving the appearance of many rental properties and maintaining continued support of the rental housing industry, the Planning and Building Agency is requesting the extension of the PREP program for another four year term to allow continued inspection of all rental housing in the City. In addition it is requesting the authorization of the required funding for the Gold Seal Incentive Program. For the purposes of cost administration it is also requesting approval to annually adjust the per unit fee based on a percentage reflected by the change in the Consumers Price Index - Urban, All Services Component for the Los Angeles- Riverside - Orange County area. The Rental Housing Task Force has unanimously endorsed extending the PREP program for another four years contingent upon no changes to program guidelines, policies, or funding, and continuation of the Gold Seal Incentive Program (Exhibit 1). Environmental Impact The PREP program is exempt from CEQA pursuant to Section 15061(b)(3) of CEQA Guidelines in that it can be seen with certainty that extension of the existing rental inspection program will have no possible significant effect on the environment. Additionally, extension of the PREP program is further exempted pursuant to the Class 21 Categorical Exemption, Section 15321 of the CEQA Guidelines, which exempts enforcement actions of regulatory agencies. Categorical Exemption No. ER- 2011 -54 has been adopted for this program. 75A -3 Continuation of PREP September 6, 2011 Page 4 FISCAL IMPACT Funding for the Proactive Rental Enforcement Program is derived from a $19.50 per unit per year fee for all rental units in Santa Ana. Annual revenue is expected to be $505,606 with program expenditures anticipated to be $614,400 (Exhibit 2). The expenditures not funded by the PREP fee will be accounted for in the Planning and Building Agency's operating budget. ay M. Trevino Executive Director Planning & Building Agency FF:rb WreportsTREP Cont 9.06.11 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: 1. Rental Housing Task Force Letter 2. Fee Study 75A-4 RENTAL HOUSING TASK FORCE PROACTIVE RENTAL ENFORCEMENT PROGRAM August 18, 2011 Mr. Jay Trevino, Executive Director Planning & Building Agency City of Santa Ana 20 Civic Center Plaza, M -20 P.O. Box 1988 Santa Ana, CA 92702 -1922 Subject: PREP Extension and Inspection Fee Adjustment Dear Mr. Trevino: This letter is written to advise you that as the Chairman of the Rental Housing Task Force, I am hereby notifying you of the unanimous decision by the Rental Housing Task Force Members to endorse the request by the Planning and Building Agency for the continuation of the Proactive Rental Enforcement Program (PREP) for the calendar years of 2012 — 2015. Our endorsement is conditional with the understanding that there will be no changes to the current operational guidelines or to the availability of the Gold Seal Incentive Program. We also support the request to adjust the annual PREP per rental unit inspection fee annually, effective with the 2012 license renewal billing cycle, based on Consumer Price Index for the Los Angeles- Riverside- Orange County area, I represent the Apartment Association of Orange County and have been a member of the Rental Housing Task Force since the inception of PREP in 1992. 1 have been please with the City of Santa Ana's commitment to operating the program in complete compliance with the originally approved policies and procedures. The other members and I look forward to this cooperative working relationship continuing. The Rental Housing Task force is requesting the Santa Ana City Council to approve the PREP inspection fee adjustment with the understandings stated above. Sincerely, Ray Ma gi, C Rental Housing Task Force c: Miguel Pulido, Mayor Paul Walters, Interim City Manager Exhibit 1 75A -5 75A -6 Fee Study Proactive Rental Enforcement Program Program Account 11 -510 Projected Expenditures and Revenue EXPEDITURES PREP Inspector Salaries & Wages - Regular $ 422,250.00 PREP Operating Overhead Expenditures $ 192,150.00 Total PREP Operating Expenditures $ 614,400.00 Total Paid Rental Units Licensed For Inspection 26,637 Average Cost Per Unit $ 23.07 REVENUE Total Rental Units Licensed For Inspection 32,277 Gold Seal Exempt Units 5,640 Gold Seal Exemption Funding $ 110,000.00 Total Paid Rental Units Licensed For Inspection 26,637 Annual Surcharge Per Unit $ 19.50 Total Rental Business License Revenue $ 519,422.00 PROJECTION TOTALS Expenditures $ 614,400.00 Revenue $ 519,422.00 Variance $ 94,978.00) EXHIBIT 2 75A -7 [rlIQOO� ROH 09/06/11 ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 21- 120r.1(a) OF THE SANTA ANA MUNICIPAL CODE TO ADJUST AND EXTEND THE FEE CHARGED TO FINANCE THE CITY'S PROACTIVE RENTAL ENFORCEMENT PROGRAM. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. The City Council of the City of Santa Ana adopted the Proactive Rental Enforcement Program (PREP), to provide periodic and systematic inspections of all residential rental properties in the City of Santa Ana, and B. The PREP is intended to uncover unsanitary conditions and life safety hazards for occupants of residential rental properties, to ensure that rental properties have operable and safe water, sewage disposal, heating and electric systems, and to encourage owners or managers of residential rental properties to make repairs and conduct preventative building maintenance before deteriorated conditions upon rental property become life safety issues; and C. In 1992, City Council adopted a residential rental surcharge imposed on property owners who choose to enter into the residential property rental business to pay the enforcement costs of the Proactive Rental Enforcement Program, including inspection and administration costs; and D. In an effort to continue monitoring the results of the program, PREP will continue for another four -year period, commencing on January 1, 2012, and will sunset on December 31, 2015, to allow for review of the program; and E. All fees assessed for the PREP bear a direct correlation between the amount of the fee and the actual cost of the services provided, including administration, enforcement and implementation services specifically related to the PREP. Further, the proposed increase will not result in revenue which exceeds the City's estimated reasonable costs to provide the PREP; and Ordinance No. NS- Page 1 of 5 75A -9 F. In order to correlate the amount of the fee with the actual cost of the services provided, the fee shall be adjusted annually in accordance with the consumer price index as published by the United States Department of Labor for the Los Angeles- Riverside - Orange County (formerly Los Angeles -Long Beach - Anaheim) metropolitan area, as detailed in section 21 -121 of the Municipal Code. G. A 2011 fee study reported the total projected expenditures for the PREP would amount to an estimated $614,400.00, which includes an estimated $422,250.00 for required staff and an estimated $192,150.00 in operational costs. H. On June 20, 1994, the City Council adopted Resolution No. 94 -026 which approved and adopted the "Gold Seal Incentive Program" whereby particular residential properties or residential apartments may be certified as having met standards of excellence in property maintenance and as certified, would be exempted from payment of the residential rental surcharge fee for a three -year period; and The funding for the Gold Seal Incentive Program is $110,000.00, which currently provides for 5,640 units to receive exemptions from the existing $19.50 per unit annual fee. The number of units that can be approved to participate in the Gold Seal Incentive Program will fluctuate with the adjustment of the annual fee in line with the consumer price index. J. According to the 2011 fee study, records indicate an inventory of 32,277 rental units licensed for inspection. Subtracting out the 5,640 units qualified for the Gold Seal Incentive Program, 26,637 units were accountable for the $19.50 per unit fee, thus generating annual revenue of $519,422.00. K. Thus, it is anticipated that the deficit for the PREP will be $94,978.00 for the last year of the PREP term based on the estimated $614,400.00 in expenditures and $519,422.00 in revenues. L. Continuation of the Proactive Rental Enforcement Program is essential to the neighborhoods in Santa Ana to provide assurances that the rental housing will not be allowed to revert to the condition which led to the initial concerns for the implementation of an inspection program in 1992. Section 2. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15321, Class 21, as the project involves an enforcement action by a regulatory agency for an inspection program. A Categorical Exemption for Environmental Review No. ER -2011- 54 will be filed for this project. Ordinance No. NS- Page 2 of 5 75A -10 Section 3. Section 21- 120r.1 of the Santa Ana Municipal Code is hereby amended to allow adjustment of the residential rental surcharge and extend the sunset date. Said Section 21- 120r.1 shall read in full as follows: Sec. 21- 120r.1. Residential Rental Surcharge. (a) Except as otherwise provided in subsection (b) of this section, the business license tax for residential property rental and residential apartment rental shall consist of the amount set forth in subsections (2) and (3) of section 21 -120r plus an annual surcharge of nineteen dollars and fifty cents ($19.50) per each property rental unit or each apartment rental unit. The surcharge hereby established shall be due and payable and shall be paid at the same time and in the same manner that the amount due under section 21 -120r is due and payable. No business license shall be issued unless the surcharge is paid. Penalties and interest shall be assessed upon the total amount due and unpaid at the rate specified in this chapter until such time as both the amount due under section 21 -120r and the surcharge due under this section are paid in full. All provisions for the enforcement, collection and recovery of unpaid business license taxes shall likewise apply to the enforcement, collection and recovery of any unpaid surcharge. this GhapteF to the GORtraFy, the amount of the SUFGharge shall RGt Ghange eXGept by ameRdment of this . This section shall expire on, and be of no further force or effect after December 31, 2011- 2015. (b) The city council may, by resolution, establish a program whereby particular residential properties or residential apartments, licensed pursuant to this chapter, may be certified as having met standards of excellence in property maintenance. In such event, the executive director of the planning and building agency shall be responsible for the implementation of that program. Owners of property certified pursuant to that program shall be exempt from the payment of the surcharge specified in subsection (a) of this section for the three (3) tax years next succeeding the time of such certification. The executive director of the planning and building agency shall provide the executive director of the finance and management services agency with listings of licensed properties certified under this program, which shall be periodically updated to reflect changes. The city council may provide for such financial limitations on the exemptions to be granted from the surcharge as the city council deems appropriate. Ordinance No. NS- 75A -11 Page 3of5 Section 4. Section 21 -121 of the Municipal Code relating to annual consumer price index adjustments shall be applied to the aforementioned residential rental surcharge in the same manner as it is applied to all other business license fees and charges except that the residential rental surcharge imposed by this chapter shall be first adjusted effective November 1, 2011, upon a base year ending with the month ending October 31, 2010, and the base year residential rental surcharge rate subject to adjustment shall be $19.50. Thereafter, each annual adjustment of the residential rental surcharge made in accordance with section 21 -121 shall assume the same base year and base rate. Section 5. 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there under appertaining shall continue in full force and effect. ADOPTED this day of 2011. Miguel A. Pulido Mayor Ordinance No. NS- 75A -12 Page 4 of 5 APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A -13 Ordinance No. NS- Page 5 of 5 75A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: PUBLIC HEARING - ABANDONMENT NO. 10 -01: TO VACATE PORTIONS OF SANTA ANA BOULEVARD BETWEEN MINTER AND POINSETTIA STREETS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution vacating portions of Santa Ana Boulevard between Minter and Poinsettia Streets. DISCUSSION On August 1, 2011, the Council adopted a resolution declaring the city's intent to vacate portions of Santa Ana Boulevard between Minter and Poinsettia Streets. The Related Companies of California (Related) is working with the Community Redevelopment Agency to develop courtyard housing as part of the Station District project. As part of the development, Related is requesting that portions of Santa Ana Boulevard at two locations be vacated. Those portions of right -of -way are unimproved strips of land situated behind the southerly sidewalk of Santa Ana Boulevard. Area 1 is between Minter Street and Lacy Street, and Area 2 is between Garfield Street and Poinsettia Street (Exhibit 1). Both locations are rectangular- shaped, with Area 1 measuring 12 feet in width by 210 feet in length and Area 2 measuring 12 feet in width by 50 feet in length. The right -of -way width for Santa Ana Boulevard between Poinsettia Street and Mortimer Street fluctuates between 80 feet and 92 feet. The variance is mostly due to 12- foot -wide dedications and reservations made along the south side of the street. The purpose of the accumulation of right -of- way was to provide for future widening of the street. However, the street has not experienced the anticipated additional traffic and is not expected to experience the traffic volumes to justify the widening. With the vacation, the street right -of -way width will measure 80 feet and will align with adjacent segments of the street. The street curbs will remain in place. Additionally, this segment of Santa Ana Boulevard is being studied as a potential route for the fixed guideway transit system. The right -of -way being vacated is not needed for the transit system. The areas to be vacated will be incorporated into the adjacent Station District project. The additional land area reduces the site's constraints and improves overall site function, such as setbacks, building locations, and site accessibility. 75B -1 Abandonment No. 10 -01 To Vacate Portions of Santa Ana Boulevard September 6, 2011 Page 2 Utilities, other government agencies, and City departments have been advised of the street vacation. Easements for power, telephone, and cable lines will be reserved over Area 1 in the resolution of vacation. According to a recent Preliminary Title Report, the City of Santa Ana is identified as the fee owner of the land at both locations. The land will be conveyed to the Community Redevelopment Agency as owner of the adjacent development sites. The sale price is based on a comparative market analysis prepared by a real estate consultant retained by the City. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2010 -119 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. Raul 6odinez II Executive Director Public Works Agency RG/TH Exhibit 1: Location Map Exhibit 2: Resolution 75B -2 Lss8/22/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING TWO PORTIONS OF SANTA ANA BOULEVARD BETWEEN MINTER STREET AND POINSETTIA STREET (ABANDONMENT NO. 2010 -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. The City Council of the City of Santa Ana, on August 1, 2011, adopted Resolution No. 2011 -048 wherein it declared its intention to vacate with conditions, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, portions of Santa Ana Boulevard between Minter Street and Poinsettia Street. B. The areas proposed for vacation include a strip of land along Santa Ana Boulevard, between Minter and Lacy, measuring 12 feet in width by 210 feet in length, identified as Area 1 on the map labeled Exhibit 1 attached hereto and incorporated by this reference; and a strip of land measuring 12 feet in width by 50 feet in length located along Santa Ana Boulevard between Garfield and Poinsettia, indentified as Area 2 on Exhibit 1. C. Resolution 2011 -048 provided notice that at a public meeting on September 6, 2011, following the 5:00 p.m. closed session, or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacation. D. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. E. This Council further finds that notices of said proposed vacation stating the purpose of said vacation and the time and place set for hearing were posted as directed by the Council and required by law. F. This Council at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of said portions of the streets and received and considered all evidence submitted. Exhibit 2 Resolution No. 2011 - Page 1 of 3 75B -4 G. This Council finds from all the evidence submitted that said portions of the street are unnecessary for present or prospective public use. H. Pursuant to the provisions of section 892 of the Streets and Highways Code of the State of California, the City Council does hereby find and determine that neither said portions of the street nor any part thereof are useful as nonmotorized transportation facilities, as defined in section 887 of said Code. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per California Code of Regulations Title 14, section 15315. Categorical Exemption Environmental Review No. 2010 -119 will be filed for this report. Section 2. This Council does hereby order that the portion of Santa Ana Boulevard between Minter and Lacy, as shown on the map labeled Exhibit 1, and more fully described in Exhibit A, attached hereto and made a part hereof by this reference, be, and the same is hereby vacated. Section3. This Council does hereby order that the portion of Santa Ana Boulevard east of Garfield, as shown on the map labeled Exhibit 1 and more fully described in Exhibit B, attached hereto and made a part hereof by this reference, be, and the same is hereby vacated. Section 4. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation an 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 the vacated portions of Santa Ana Boulevard, 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 area of Santa Ana Boulevard hereby vacated. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County. Resolution No. 2011 - Page 2 of 3 75B -5 Section 6. Said portions of the streets shall not be deemed vacated until this resolution is recorded. ADOPTED this day of September, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka Interim City Attorney in Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -_ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2011 - Page 3 of 3 75B -7 EXHIBIT "A" THAT PORTION OF LAND KNOWN AS SANTA ANA BOULEVARD, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS CREATED BY THAT CERTAIN GRANT DEED TO THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, RECORDED JULY 29, 2009, AS INSTRUMENT NUMBER 2009 - 407882, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 2 IN BLOCK F, AS SHOWN ON A MAP OF THE FRUIT ADDITION TO SANTA ANA EAST, RECORDED IN BOOK 5, PAGE 186 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT ALSO BEING ON THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE NORTHEAST ALONG SAID SOUTH LINE 100.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE A DISTANCE 210.00 FEET; THENCE SOUTHEAST A DISTANCE OF 12.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE ALONG SAID PARALLEL LINE, SOUTHWEST A DISTANCE OF 210.00 FEET TO A POINT ON A LINE DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE NORTHWEST A DISTANCE OF12.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,520 SQ.FT SQUARE FEET (0.06 ACRES) OF LAND, MORE OR LESS. ALL AS PARTICULARLY SHOWN ON EXHIBIT "A -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: A. 30790 Exp. 3/31/12 CHARLES J. PRIOLO JR. R.C.E. 30790 DATE `�,� Ci CAUF��`�`! LICENSE EXP. 03/31/2012 SHEET 1 OF 1 . 27156 BURBANK BY: TET FOOTHILL RANCH, STREET CA VA CA TiON DATE: 6-10-11 CONSULTING, INC. T. 949.9149-91 6.3800 CIVIL ENGINEERING F. 949.916.3805 SCALE: NONE LAND PLANNING & SURVEYING WWW.CVC- INC.NET LEGAL DESCRIPTION EXH I BIT "A -1 " SCALE: 1" = 80' �Fom 21000 d Lor / 0 J / P.O.B. ` \\ Lary � 100 0� 200 �! ✓�fT �" P.O.C. LOT 2 Ft7 ✓/3C,�aarr /o 7 7' 9 ALLEY ATED BY THE CITY \ 2� �� -0 NTA ANA CONCIL P Coll NO 87— \� p0 RECORDED SEPT 1, 1987 AS INST. N 7- 513900 40��c� �� LOT f' O.R. ® STREET VACATION AREA SHEET 1 OF 1 • 27156 BURRANK FOOTHILL RANCH, CA 92610 CONSULTING, INC. T. 949.916.3800 CIVIL ENGINEERING F. 949.916.3805 LAND PLANNING & SURVEYING WWW.CVC- INC.NET SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR STREET /nn/� ��O Y nA/ VA CA BY: TET DATE: 8-25-11 SCALE: AS SHOWN 75B -9 EXHIBIT "B" THAT PORTION OF LAND KNOWN AS SANTA ANA BOULEVARD, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS DESCRIBED IN THE DEED FROM JOSE M. LUNA AND FLORENCIA LUNA TO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, RECORDED NOVEMBER 23, 1976 IN BOOK 11971, PAGE 729 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 IN BLOCK 65 OF THE TOWN OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING ON THE SOUTH LINE OF SANTA ANA BOULEVARD AS SHOWN ON SAID MAP; THENCE NORTHEAST ALONG SAID SOUTH LINE 50.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 50.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE SOUTHEAST A DISTANCE OF 12.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE ALONG SAID PARALLEL LINE, SOUTHWEST A DISTANCE OF 50.00 FEET TO A POINT ON A LINE DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE NORTHWEST A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. CONTAINING 600 SQ.FT SQUARE FEET (0.01 ACRES) OF LAND, MORE OR LESS. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: 3- PR No. 30790 Exp. 3/31/12 CHARLES J. PRIOLO JR. R... 30790 DATE IF aF A1. LICENSE EXP. 03/31/2012 C ki���`! SHEET 1 OF 1 • 27156 BURBANK BY: TET FOOTHILL RANCH, STREET CA VA CA TION DATE: 8-25-11 CONSULTING, INC. T. 949.9149.91 6.3800 CIVIL ENGINEERING F. 949.916.3805 SCALE: NONE LAND PLANNING s SURVEYING WWW.CVC- INC.NET LEGAL DESCRIPTION 75B -10 EXH I BIT "B-111 SCALE: 1" = 40' 0 O�V- c PA l -° / o G P.O.B. P.O.C. s ® STREET VACATION AREA SHEET IOF1 BY: TET DATE: 8-25-11 1 CONSULTING, INC. CIVIL ENGINEERING SCALE: AS SHOWN LAND PLANNING & SURVEYING LINE TABLE NO. DISTANCE L1 50.00' L2 50.00' L3 12.00' L4 50.00' L5 12.00' 27156 BURBANK FOOTHILL RANCH, CA 92610 T. 949.916.3800 F. 949.916.3805 WVWV.CVC- INC.NET 75B -11 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR STREET VA CA TION 75B -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: PUBLIC HEARING — 2011/12 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to approve the proposed expenditure plan for the FY 2011/12 Supplemental Law Enforcement Services Fund, and amend the expenditure plan for unspent FY 2010/11 funds. DISCUSSION The State of California provides grant funding to State law enforcement agencies through the Supplemental Law Enforcement Services Fund (SLESF). The grant requires that funding be allocated to counties and cities in accordance with specific requirements for front -line law enforcement services. Front line law enforcement typically includes community oriented policing projects and special law enforcement activities that require use of additional police officers in specially targeted saturation areas. Total funding allocation is based on annual estimated population figures for respective counties and cities. The projected funding amount for FY 2011/12 is estimated at $350,000. In compliance with the requirements of this legislation, the Orange County Supplemental Law Enforcement Oversight Committee has requested that all cities obtain City Council approval of their Description of Planned Expenditures for FY 2011/12. The Police Department plans to utilize these funds to for special enforcement and gang detail overtime. Additionally, the Police Department would like to amend be redirected to special enforcement and gang detail originally planned on using these funds to hire four 75C -1 the plan for FY 2010/11 grant funds to overtime also. The Department had Police Recruits. However, given the Resolution 2011/11 SLESF Expenditure Plan September 6, 2011 Page 2 uncertainty of continued funding of this grant, the department has determined that funds could be more efficiently utilized by spending on overtime. FISCAL IMPACT There is no fiscal impact associated with this action Paul M. Walters Chief of Police Police Department Exhibits: 1. Resolution 75C -2 t1j:8/12/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO APPROVE THE PROPOSED EXPENDITURE PLAN FOR THE 2011- 2012 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The California Legislature has established and annually funds the Supplemental Law Enforcement Services Fund ( SLESF). B. Said fund requires that moneys be allocated to counties and cities in accordance with specified requirements for front line law enforcement services. C. The total funding allocation is based on annual estimated population figures for respective counties and cities. In 2010 -2011, the City of Santa Ana received an award of $350,830. Under Resolution No. 2010 -049, these funds were dedicated to hire up to four police recruits but the monies have not yet been expended. D. The potential funding amount for 2011 -2012 is estimated to be $350,000. The State requires cities and counties to adopt and submit an expenditure plan to the Supplemental Law Enforcement Oversight Committee prior to funding. E. The Police Department has established a SLESF expenditure account for the grant funds, and is committed to spend the funds awarded for 2010 -2011 and the potential funding amount for 2011- 2012 on front -line law enforcement, for special enforcement and gang detail overtime. F. A duly noticed public hearing was held to consider this item at the Council's regular meeting of September 6, 2011. The City Council considered all testimony, written and oral, before rendering this decision. 75C -3 Section 2. The City Council of the City of Santa Ana hereby approves and authorizes and empowers the Chief of Police to take all actions necessary to submit the proposed SLESF expenditure plan to the Supplemental Law Enforcement Oversight Committee. 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 2011. APPROVED AS TO FORM: Joseph Straka, Interim City Attorney IN Teresa L. Judd Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 75C -4